MONDAY
JUNE 07, 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
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.
Mayor Hlavachick reminded the staff and audience that this meeting may be taped and/or recorded.
MINUTES:
A motion by Commissioner Taylor to approve the minutes of the May 17, 2010 regular meeting. The motion was seconded by Commissioner Graf and carried unanimously.
OPEN AGENDA:
No one in the audience wished to address the Commission.
BUSINESS:
CERTIFICATION OF MAY 25, 2010 CITY OF PRATT SPECIAL ELECTION CONCERNING MAPLE STREET CONSTRUCTION:
City Clerk Kramer read the certification of the May 25, 2010 City of Pratt special question election that had been sent by County Clerk Sherry Kruse certifying that the vote on the Maple Street construction was 858 ‘yes’ and 720 ‘no’.
DISCUSSION ON PARADE ROUTE ON JULY 3RD FOR THUNDER ON THE PRAIRIE:
Mr. George Steven commented that he was at the meeting representing the Legion Riders Post 86 and they were having a parade on July 3rd that had been discussed with City Manager Dave Howard and Police Chief Steve Holmes. Mr. Stevens explained that the parade route would be done differently and that they would be assembling one block east of Main Street on Sixth Street and also two or three blocks west on Sixth Street. Mr. Stevens added that they would be taking the highway route on Ninnescah Street to Highway 54 and back to Main Street and then back north.
Mr. Stevens explained that the parade would start at 11:00 a.m. and would be a parade like back in the 60’s and 70’s with a lot of equipment and businesses doing advertisements. Mr. Stevens commented that there would be a $100 first prize for the best float in hope that the churches and other organizations would get involved.
Mr. Stevens stated that the activities would be on the island at the lake until midnight with about thirty or forty vendors attending. Mr. Stevens added that there would be a lot of attractions along with fireworks that would be set off where the old dam was. Mayor Hlavachick questioned if they had checked with the folks around that area. Mr. Stevens stated that they had. Mr. Stevens commented that they were doing this event on the 3rd so that they could clean up on Sunday the 4th.
Mr. Stevens returned to the parade route by showing the Commission a power point that displayed the route and indicated that any overflow would be taken care of by parking lots such as Stanion’s. City Manager Howard commented that there were to be a lot of participants and if there was an overflow, they would work out something. Mr. Stevens added that First Street would be blocked off during the parade and if a crane from Trand participates in the parade, they would pull up into that block so that they could continue north.
Commissioner Skaggs questioned what the Legacy Fund was used for. Mr. Stevens explained that this was a project that the Major that was at the Memorial ceremony took on and it was about wounded warriors not being taken care of. Mr. Stevens added that there would also be an event at the lake involving the wounded warriors.
A motion by Commissioner Taylor to allow Mr. George Stevens and Legion Riders Post 86 to utilize Eighth Street to First Street on July 3rd at 10:00 a.m. The motion was seconded by Commissioner Peltier and carried unanimously.
CONSIDERATION AND APPROVAL OF BIDS FOR AUDIT SERVICES FOR YEARS ENDING DECEMBER 2010, 2011 & 2012:
Finance Director Diana Garten commented that she had gone out for proposals for auditing services since this was the last year of the contract. Ms. Garten stated that Adams, Brown, Beran and Ball were done with their field work and were working on their reports for 2009. Ms. Garten stated that in order to get on their calendar, she had sent out proposals early.
Ms. Garten explained that there were only a few firms that do municipalities, but she had sent out proposals to seven firms. Ms. Garten stated that two firms had declined, three did not respond and two bids were received from the same two as last time. Ms. Garten stated that Adams, Brown, Beran and Ball came in with low bid and they had done an excellent job for us the last three years; therefore, she recommended the Commission accept their low bid. Commissioner Skaggs questioned bids from local accountants. Ms. Garten commented that the local ones do not do municipalities. Commissioner Taylor asked if this was a two year contract. Ms. Garten stated that it was a three year contract. Ms. Garten added that they should be here at the next meeting to present the 2009 audit report.
A motion by Commissioner Peltier to accept the bid from Adams, Brown, Beran and Ball. The motion was seconded by Commissioner Graf. Mayor Hlavachick repeated the motion to accept the bid from Adams, Brown, Beran and Ball, Chtd. in the amount of $15,475 for 2010, $15,950 for 2011 and $16,425 for 2012. Hearing no further discussion, the motion passed unanimously.
CONSIDERATION AND APPROVAL OF FUND REQUEST FOR BLYTHE FOUNDATION:
Mr. Paul Olson commented to the Commission that he was the chairman of the ED Board and there were a lot of good things going on in the community with BTI starting construction and the new hotel right next to the other new hotel. Mr. Olsen stated that he had been in the community for twenty-four years and at every economic development meeting he had attended, they say that for a community to attract and to keep business, you have to have a recreation facility. Mr. Olsen commented that the Green Sports Complex is a good example of what can be done for a community.
Mr. Olsen explained that the Blythe Foundation had been working on this plan for the last ten years and it originally had tennis courts and several multi-purpose courts, but after researching other facilities, they found that racket and hand ball courts are also of value to this type of facility. Mr. Olsen commented that, after many discussions with Mr. Howard, they would like to have people in our town and filling our restaurants and motels fifty-two weekends a year. Mr. Olsen stated that with this facility, volleyball and basketball would enable the community to have that.
Mr. Olsen stated that the Blythe Foundation was a public/private foundation and was going to supply 85% of the funds for this building, but the Economic Development Board and the County had committed themselves to $150,000 each and he was asking the City for the same donation. Commissioner Peltier questioned how much the total dollar outlay was going to be for this facility. Mr. Olsen commented that it would be in excess of $2 to $2.5 million. Commissioner Skaggs asked if this was a one-time donation request to the taxing entities. Mr. Olsen stated that he could not say that. Commissioner Skaggs questioned if the Blythe Foundation had other projects they were funding or were they committed to this fitness facility. Mr. Olsen commented that he did not know of any other projects for the Blythe Foundation. Commissioner Skaggs asked if the funds were invested in some type of equities or somewhere in the market to generate funds. Mr. Olsen stated that some of the funds were invested in the six or seven houses that were vacated and the fence that surrounds those properties. Commissioner Skaggs questioned if they would be able to fund the other aspects of the facility, such as maintenance and upkeep. Mr. Olsen stated that as far as he knew, this was a one-time request. Mayor Hlavachick asked if they would be doing memberships like Bodies Elite. Mr. Olsen stated that they were in discussions with Bodies Elite about coming to the new facility.
Mr. Howard commented that ever since the Sports Complex opened, there had been talk through the ED Board, the County and the City about how to keep every weekend full for the businesses in the community and not just the guaranteed weekends that involved events at the Sports Complex. Mr. Howard stated that even before Commissioner Peltier became a Commissioner, he had voiced his interests about bringing more activities to Pratt and after reviewing the plans of the fitness facility, it became apparent that more courts would bring more people to town. Mr. Howard explained that this could duplicate the Sports Complex, but with basketball and volleyball. Commissioner Skaggs stated that he felt this was a good idea, but again asked if the Blythe Foundation could sustain itself. Mr. Olsen stated that the initial plan was for the Blythe Foundation to pay to build the building. Commissioner Skaggs asked who would own the building. Mr. Olsen stated that the Blythe Foundation would. Commissioner Skaggs questioned if the Blythe Foundation would pick up any shortfalls if the memberships would not pay for the utility bills. Mr. Olsen commented that that was the plan. Mr. Howard commented that the board had never discussed the City owning this at any of the meetings he had attended. Mr. Olsen commented that they thought that they could make the facility better if they involved some of the private entities.
Mayor Hlavachick commented that he felt this was a good idea and he was on board at the beginning of the Sports Complex and the tax payers supported it also. Mayor Hlavachick stated that he thought that $150,000 was cheap and it would be a great draw to the community. Commissioner Skaggs commented that he was worried about the future and wondered about a mill levy or sale tax increase. Mr. Olsen stated that that had never been part of the discussion. Mayor Hlavachick commented that he was not interested in inheriting the facility.
Commissioner Skaggs questioned if this would be on the tax roll. Mr. Olsen stated that with the State taxing everything it can, they would be paying sales tax. Mr. Olsen added that they would investigate any tax abatements. Commissioner Skaggs commented that if he had been told that the Blythe Foundation had $50 million in assets, he would not worry. Mr. Olsen commented that he could not tell him something that he did not know.
Commissioner Peltier asked what the Blythe Foundation was. Mr. Olsen stated that Roy and Elsie Blythe were residents of Pratt and Mr. Blythe worked for the Peoples Bank and that was the only job he ever had. Mr. Olsen explained that the Blythe’s had three children and this was a way for the family to honor their legacy. Mr. Olsen commented that the last thing they would want to do was build a building they could not sustain. Mr. Howard stated that Commissioner Skaggs had a legitimate concern, because if there were problems, they would turn to the City. Commissioner Skaggs stated that he was in support of the facility, but, as a public/private partnership, he thought the public should know the assets of the private portion. Mr. Olsen stated that their goal was to open the facility and keep it open.
Commissioner Skaggs commented that Mr. Ted Loomis would say not to worry about anything. Mr. Loomis stated that there were assets in the Foundation along with contingent assets and people could make donations to the Foundation as well. Mr. Loomis added that memberships would be sold to cover operation costs. Mr. Loomis commented that in the grand scheme of things was to have a wellness facility for the City and surrounding counties that tie in with not only the schools, the City, the County and the hospital, but other public entities. Mr. Loomis added that there were contingent funds set up with the South Central Community Foundation. Mr. Loomis commented that this was a public foundation that can approach anyone due to the sources that are out there. Commissioner Skaggs questioned if anyone could invest in the facility. Mr. Loomis commented that donate would be a better word than invest.
Commissioner Peltier commented that what it was being questioned who would pick up any shortfalls with the City pitching in along with the County and if the Blythe Foundation would have the financial capabilities to do that. Mr. Loomis stated that the Blythe Foundation was a perpetual organization that was going to oversee the management and operations of the facility. Mr. Howard commented that the Commission would make the decision on whether or not the City financially assisted them if we were asked and that this did not obligate the City. Commissioner Peltier commented that this facility would be a tremendous economic development opportunity that would be week after week with the activities that could be held there.
Mr. Olson explained that the first thing on the list was the positive pull factor with people from Greensburg and Medicine Lodge that come to Pratt for activities in this facility and the benefit to the local economy. Mr. Olsen stated that the revenue from activities would be used to operate the facility. Commissioner Taylor commented that the benefit to the economy would offset even a yearly donation. Commissioner Taylor explained that his son had been on a home-schooled basketball team during high school and it was almost impossible to find a facility that could accommodate twenty teams, so they played in Hays. Commissioner Taylor added that the tournaments lasted three days and, to have the opportunity to have that type of activity year around, would be a definite boost to the economy.
A motion by Commissioner Taylor to approve $150,000 of funds for the Blythe Foundation to help with their Blythe Fitness Facility. The motion was seconded by Commissioner Peltier. Commissioner Peltier questioned what fund this would come out of. Mr. Howard stated that it would be coming out of Travel and Tourism. Finance Director Diana Garten added that there was cash available, but they would have to amend the budget in December. A vote on the motion was unanimous.
CONSIDERATION AND APPROVAL OF RESOLUTION 060710 SETTING A HEARING DATE OF JULY 19, 2010 FOR UNSAFE OR DANGEROUS STRUCTURE:
City Attorney Ken Van Blaricum commented that this resolution would set a hearing date for the structure at 816 West Blaine. Mr. Van Blaricum explained that the structure was vacant and falling down and needed to be demolished. Mr. Van Blaricum stated that July 19th had been set for the hearing date, which was as soon as it could be considering the publications of the resolution. Commissioner Peltier questioned if every attempt had been made to work with the owners. Building Inspector Brad Blankenship commented that it had and previous inspectors had also been in contact with them. Mr. Blankenship added that this structure had previously been under construction, but the roof had fallen in and was in very bad shape.
Mr. Blankenship stated that the neighbor had had complaints on his property and had to clean it up, so he wanted the same courtesy with his complaint on this property. Commissioner Skaggs questioned if there was any recourse to get the money back we spend on tearing it down. Mr. Howard explained that the cost is assessed to their property taxes. Mr. Howard commented that Mr. Blankenship does not do this on a regular basis unless the structure is really bad and dangerous, which this one was with the roof collapsing and the foundation crumbling.
Mr. Van Blaricum commented that the Kansas legislature allows Cities to do this and that was a great gift to give us. Mr. Van Blaricum stated that the City had adopted this Statute as an ordinance, so the Commission could move forward using either the Statute or ordinance.
The following Resolution 060710 was then presented to the Commission for their approval: RESOLUTION PROVIDING FOR HEARING ON UNSAFE OR DANGEROUS STRUCTURE PURSANT TO K.S.A. 12-750, et seq. AND PRATT MUNICIPAL CODE SECTION 8.08.010 et seq. A motion by Commissioner Peltier to approve Resolution 060710. The motion was seconded by Commissioner Graf and carried unanimously. Mayor Hlavachick asked if the next step in the process was to send another notice to the owner. Mr. Van Blaricum stated that the next step would be to give notice to the owner and then come back here for the hearing.
CONSIDERATION AND APPROVAL OF THE SALE OF CITY PROPERTY AT 115 N. PINE:
Mr. Van Blaricum explained that the property at 115 North Pine was owned by Ms. Doreen Anderson and the property was also burned by her. Mr. Van Blaricum commented that the City had cleaned up the property and the adjoining property owners wanted to buy it, which would provide extra space for them. Mr. Van Blaricum stated that the neighbors had contacted him several times and then put in a bid of $500.
Mr. Howard commented that adjoining neighbors usually have interest in buying the property, as it was in this case. Mr. Howard stated that the neighbors on the south were not interested and the neighbors behind this property had contacted him, but declined after finding out that he could not put up a garage. Mr. Howard commented that the City had on-going costs with mowing and would get stuck with the expenses. Mr. Howard explained that the City did everything we could to not take ownership of this property, but we do end up with some. Mr. Howard commented that selling the property would give us some of the money back that we had put in on mowing.
Commissioner Graf commented that the bid of $500 was low and he had visited with a realtor who thought this lot would be worth around $2,500 to $3,500. Commissioner Graf added that the realtor said that he would pay $1,000. Mr. Howard stated that another option would be to put the property up for bid and sell it and he had no problem with that. Commissioner Graf commented that the City had it torn down and had expenses there, so why not try to get more.
Mr. Van Blaricum explained that the rest of the story was that when Ms. Anderson owned this property and it was subject to a mortgage. Mr. Van Blaricum commented that once the mortgagee found out that there was no one living there and there was no house there, they gave up any efforts to collect the mortgage. Mr. Van Blaricum stated that the property still has a first mortgage lien and whoever owns it would have to get that mortgage released. Commissioner Skaggs commented that that would be more expense. Mr. Van Blaricum stated that mortgage companies do not want to mess with this type of property, but they will not issue a quit claim deed, so the new owner would have to sue them for a reverse mortgage.
Commissioner Skaggs commented that Commissioner Graf should tell the realtor to ‘put up or shut up’ and if they want to invest $1,000 in that lot, they would not be the realtor he would want. Commissioner Graf commented that nothing had been said about this and questioned if Mr. Steve Orlando knew this. Mr. Van Blaricum stated that he did and he had thought about this for a couple of years. Mr. Van Blaricum added that he was not excited about the property having a mortgage, but he is willing to pay $500 for it.
Mr. Howard explained that Mr. Orlando had approached the City about buying the lot and the request was being passed on to the Governing Body. Commissioner Taylor asked how long Mr. Orlando had been at his address. City Clerk LuAnn Kramer commented that he had been there for quite awhile. Commissioner Taylor stated that it was always nice for property to be passed on to someone close and it was only $500 difference. Commissioner Taylor made a motion to allow Steve and Savannah Orlando to purchase the lot at 115 North Pine for $500. The motion was seconded by Commissioner Skaggs. Commissioner Peltier suggested that if you have someone who says that they can do better than that, let them turn the offer in before we have to act on it. Commissioner Peltier added that that goes for anyone who has a good buddy that wants to make an offer on anything. Commissioner Skaggs questioned if he was talking about this situation or in the future. Commissioner Peltier stated that this was the only offer we have in writing. A vote on the motion passed with four approved and one no vote by Commissioner Graf.
CONSIDERATION AND APPROVAL OF THE SALE OF THE USED SANITATION TRUCK:
Public Works Director Russell Rambat commented that he had visited with Mr. Ken Ricke from the City of Sharon and they were interested in the sanitation truck that the City was trying to sell. Mr. Rambat stated that it would not be practical to use this truck on a daily basis, but Sharon would be using the truck once a week, so it would be of value to them.
Mr. Rambat explained that after visiting with the salesman from Downing Sales, $3,800 was a fair price with the amount of work that it would need and the City of Sharon accepted that price. Mr. Rambat stated that they were well aware of what they were getting. Commissioner Graf commented that that was $2,800 more than what we were offered.
A motion by Commissioner Graf to sell the truck to Sharon. The motion was seconded by Commissioner Peltier. Mayor Hlavachick repeated the motion and second to sell the sanitation truck to Sharon for $3,800 and the motion passed unanimously.
CONSIDERATION AND APPROVAL OF REQUEST FOR A ‘FROG HOP…RUN, WALK’ IN LEMON’S PARK ON OCTOBER 2, 2010:
City Manager Howard commented that we had put this before the Commission since it takes away the normal use of the park, but they were not asking the City to do anything for this event. Mayor Hlavachick questioned if the traffic would be cut down for about an hour or an hour and a half. Commissioner Peltier asked what time the park usually opened. Police Chief Holmes stated that it was open at daylight. Commissioner Skaggs questioned if they were going to be using the roadway and not the walkway. Mr. Howard answered that he was not sure. Mayor Hlavachick commented that he did not have a problem with closing the park for a short time. Commissioner Taylor commented that most people that walk park in the lot outside, so that should not be a issue. A motion by Commissioner Peltier to honor the request and to close the park on October 2nd from 8:00 a.m. to 10:00 p.m. give or take a little time. Commissioner Graf questioned why they just not open the park that morning, since a majority of the people park outside. Commissioner Peltier explained that there were people who like to drive around and look or they park at the bandstands and walk the nature trail. Mr. Rambat commented that he would have park superintendent Mr. Mark Eckhoff put up a sign that says that the park would open at 10:00 a.m. The motion was seconded by Commissioner Skaggs and carried unanimously.
REPORTS:
City Manager:
• Maple Street:
City Manager Howard commented that the bridge work and tree clearing on Maple Street should start almost immediately, but the actual dirt work would probably be in July.
• Memorial Day:
Mr. Howard commented that there was a nice gathering at the B-29 Memorial on Memorial Day and Commissioner Peltier had given the welcome speech and had done a good job.
• GRDA power:
Mr. Howard stated that the City started receiving their six megs of GRDA power on June 1st.
City Attorney:
• Church contract:
City Attorney Van Blaricum reminded the Commission that the Southern Baptist Church had approached them concerning purchasing acreage west of the existing church. Mr. Van Blaricum commented that it had taken quite awhile to get a plat organized and to arrange a legal description.
Mr. Van Blaricum stated that he was happy to report that there was a contract between the City and the Southern Baptist Church with a good legal description for the property they want to buy. Mr. Van Blaricum added that the contract had been signed and that transaction could take place.
Public Works:
• Curb & Gutter:
Public Works Director Russell Rambat commented that the curb and gutter project had started on Fifth Street. Mr. Rambat added that there was plenty of work on Fifth Street, Third Street and on the west side of town.
Mr. Rambat commented that he had visited with Mr. Howard earlier and he would be visiting with Mr. Rocky Pierce from Venture Corporation about replacing a few blocks of street on Stout Street and Tenth Street and forego the slurry seal project. Mr. Rambat stated that he would like to see four to six blocks a year on each side of town be done. Mr. Rambat explained that the slurry seal was a good deal, but there were some streets in town that were showing their age.
Mr. Rambat stated that if there was no utility work or sub-grade failure, he would visit with Mr. Pierce about mixing the existing asphalt and resurfacing it. Mr. Rambat added that the curb and guttering was already in place, so there is not a lot of engineering involved.
• Miss Kansas parade:
Mr. Rambat commented that the Miss Kansas parade was this Friday at 8:00 p.m. and the street department would be setting up the detours about 7:30 p.m. Mayor Hlavachick commented that the painting on the streets looked good. Mr. Rambat commented that the guys put in a lot of time getting ready for the pageant.
Building Inspections:
• Building Board:
Building Inspector Brad Blankenship informed the Commission that the Building Board met for the first time on May 25th. Mr. Blankenship stated that officers had been selected and they have another meeting tomorrow where they will be discussing the general contractors licensing.
Electric Department:
• Cooling tower:
Director of Electric Utilities Kelly Hemphill commented that the cooling tower was 93.6% complete. Mr. Hemphill stated that the next step would be to put water in it and calibrate that water.
• Diesel engines:
Mr. Hemphill stated that they ran the diesel engines last week at Sunflower’s request per the contract with KMEA and it had been running fine. Mr. Hemphill added that Sunflower was utilizing the KMEA generation and he did not know if it was because they cannot or do not want to use their own generation, but that seemed to be the case. Mr. Hemphill commented that any time you run the engines you were going to have to work on them, but they were in good shape and seem to be working fine.
• Storm outage:
Mr. Hemphill commented that there was an outage due to the storm last evening, but it was out for about half an hour. Mr. Hemphill stated that the tree trimming project had really paid off and it would continue.
• Power Plant:
Power Plant Superintendent Ernie Smith agreed with Mr. Hemphill about working on the diesel engines if you run them. Mr. Smith stated that when we are called to do seven megs, we get fourteen megs back from Sunflower at ten percent over cost. City Manager Howard added that we operate them at cost plus ten percent if you run for someone else, so we were not giving it away.
Police Department:
• Miss Kansas week:
Police Chief Holmes commented that they started the Miss Kansas project with the 75’ers dinner, which was well attended. Chief Holmes added that there could also be the parade on Friday.
Finance Department:
• Sales Tax:
Finance Director Garten commented that the sales tax for May revenue based on March sales was up from last year, so we had recovered a little bit from the prior month. Ms. Garten stated that we were down $105,500 for the year to date, which was a 13% decrease over last year. Ms. Garten added that it would hopefully recover more through the summer.
• Purchase Order program:
Ms. Garten stated that they had just implemented an on-line purchase order module to our software last week. Ms. Garten explained that the purchase orders had been done manually, so this should be more efficient.
City Clerk/Utility Billing Department:
• American Legion credit:
City Clerk Kramer questioned how the Commission wanted her to look at the bills for the American Legion’s credit in June and July. Ms. Kramer explained that you could look at the bills due in June and July or the usage dates for June and July that would be due in July and August. Commissioner Taylor stated that it should be the bills from June thru July and July thru August. Ms. Kramer clarified that that would be the bills due in July and August and that would cover the June and July usage. Commissioner Taylor agreed.
• American Legion lease:
Mr. Howard continued on the subject of the American Legion and informed the Commission that there was a copy of the lease between the City and the American Legion for them to review. Mr. Howard stated that the lease was up for renegotiation in December but, at this time, the City was not responsible for the building. Commissioner Skaggs commented that the building belonging to the City would continue to deteriorate if the American Legion does not keep it up and the City does nothing,. Mr. Howard commented that that should be reflected in the new lease, because now we lease the building to them and they were totally responsible for everything. Commissioner Taylor commented that we should do an inspection then also.
Commissioner Peltier questioned if the lease was for only $20 a year. Mr. Howard stated that was correct. Commissioner Skaggs questioned how we were going to expect them to repair the foundation leak if they only made $23 last month and cannot pay their utility bills. Commissioner Taylor commented that they have members that can do that kind of stuff. Mayor Hlavachick commented that he tried to tell them last time that they cannot make it if the members were not interested. Commissioner Skaggs questioned if this American Legion was the same as the ones doing the 4th of July celebration. Commissioner Taylor commented that some of them were. Mayor Hlavachick commented that they said they have about 150 members, but they rely on twenty or thirty of them.
Commissioner Taylor asked when the lease was up for renegotiation. Mr. Howard stated that it was up in December and the correct way to do it would be to reflect whether the City wants to do more or less. Commissioner Skaggs questioned if we want to sit back and do anything and watch the building deteriorate. Commissioner Peltier asked if we should sell the building. Commissioner Taylor suggested looking at this at budget time and discussing the lease being for one year with an inspection instead of a three year lease. Mayor Hlavachick commented that maybe an inspection should be done now if we have concerns. Commissioner Skaggs asked if the building was worth saving since he did not know the history of it. Commissioner Skaggs added that the American Legion was a good organization, but if they were not going to take care of it, we need to step in and take charge. Mr. Howard commented that Mr. Blankenship would look at the building this week and report back to the Commission at the next meeting.
Commissioners:
• Separate fund for donation requests:
Commissioner Peltier questioned if the City should have a separate fund to use when someone comes and asks for money. Commissioner Peltier asked if we should cap donations at $10,000 a year, go by most needy or develop a hierarchy. Commissioner Peltier added that when the fund was gone, it was gone. Ms. Garten stated that there was a line item in the general fund for donations. Commissioner Peltier asked if we have some that have yearly commitments. Ms. Garten explained that the Teen Center, the Food Bank, the Humane Society, the ABC Pregnancy Clinic do and the Red Cross upon request. Commissioner Peltier commented that we maybe need to do the commitments and then one for people that come in and ask for money. Ms. Garten commented that that would be difficult, because some of those things were cross funds. Commissioner Peltier stated that it was still coming out of the City’s money. Ms. Garten agreed, but explained that was fund accounting and it was done by fund.
After a little more discussion, Commissioner Skaggs commented that we need some guidelines. Commissioner Peltier questioned if the City was in that business. Commissioner Skaggs commented that it appears that we were. Mayor Hlavachick commented that this was something that needed to be discussed during budget.
• Budget Session:
Commissioner Skaggs questioned when the dates for the budget session were. Ms. Garten commented that it was up to the Commission, but it was usually in the middle of July and the 12th and 13th were a Monday and Tuesday. Mr. Howard commented that there were deadlines for publication requirements that had to be met. Ms. Garten commented that the week before or the week after would also work. Commissioner Peltier questioned if it took the departments about a month to put their budget together. Ms. Garten stated that they were already working on that and getting them to her to put together. Ms. Garten added that the County does not get their information to her until the 1st of July, so the second or third week of July would work for the budget session. Mayor Hlavachick commented that we could look at that at the next meeting.
ADJOURN:
A motion by Commissioner Taylor to adjourn. The motion was seconded by Commissioner Skaggs and carried unanimously.
______________________________________
BILL HLAVACHICK, Mayor
(SEAL)
ATTEST:
______________________________________
LUANN KRAMER, City Clerk
Wednesday, June 23, 2010
06/07/10-Approved City/County Commission meeting minutes
MONDAY
JUNE 07, 2010
The Governing Body of the City of Pratt met in Recessed 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
Joe Reynolds County Commissioner
Charles Rinke County Commissioner
Dwight Adams County Commissioner
Sherry Kruse County Clerk
Gordon Stull County Counselor
CALL TO ORDER:
Mayor Hlavachick called the recessed meeting to order. The Mayor instructed the Clerk to note that all Commissioners were present with the exception of Commissioner Taylor.
BUSINESS:
DISCUSSION AND APPROVAL OF RESOLUTION 060710A AMENDING ANNEXATION RESOLUTION 051710:
City Attorney Ken Van Blaricum commented that Resolution 051710 pertaining to the annexation of property that the Commission had approved on May 17th had a typo; therefore, needed to be corrected to bring things up to speed. City Manager Dave Howard commented that the number on the first resolution was 10350 and should have read 10359. Mr. Howard added that the County had a thirty day fact finding time period and he felt that that should start over, which he had no opposition to.
The following Resolution 060710A was then presented to the Commission for their approval: RESOLUTION AMENDING RESOLUTION 051710 REQUESTING THE BOARD OF COUNTY COMMISSIONERS OF PRATT COUNTY, KANSAS, TO MAKE CERTAIN FINDINGS REGARDING THE ANNEXATION OF PROPERTY. A motion by Commissioner Skaggs approving Resolution 061710A correcting the address to read 10359. The motion was seconded by Commissioner Peltier. Mr. Howard stated that if land use issues end up in court, these little things were important so you want to do them right. Commissioner Graf questioned if this was just for the address change only and nothing to do with what the Commission did last time. Mr. Howard stated that the only difference was that it changed the last digit. The motion was approved unanimously.
DISCUSSION ON NEW HIGHWAY PLAN:
Mayor Hlavachick commented that he thought it was great that the State of Kansas was being proactive on the highway plan and that Highway 54 was going to be built due to the ground already being bought. Mr. Howard commented that he had thought that they were going to go west and there were going to be public hearings to get the opinions of the Cities and Counties. Mr. Howard explained that they mention different options such as bypass lanes and four lanes. (Commissioner Taylor arrived at 11:13 a.m.) Mr. Howard stated that if they have all this money for highway improvements around the City, it would be beneficial to our economy.
Mayor Hlavachick commented that he remembers agreeing on doing the ten mile stretch they were doing now, but was not sure where they were going next. Mr. Howard commented that, from KDOT’s perspective, it would make sense to do the bypass around Kingman before Pratt. County Counselor Gordon Stull stated that you would not want to do a bypass until you had the benefit of a four lane road, because you would be running traffic away from you and with a four lane road you would have the benefit of additional traffic and new services that would go up. Mr. Howard agreed and commented that one thing that the City does need to think about were the services, which had been what we were thinking about with the waterline to the Ethanol Plant going past the bypass. Mr. Howard added that that would be significant dollars when KDOT builds the bypass, in that if any changes need to be done, the water system is on private property and the City got easements so that any expenses would be KDOT’s.
Mr. Howard stated that the City should be thinking about expanding their sewer system to get it up past where the bypass was going. Mr. Howard explained that to put the sewer system under the bypass would be very expensive, but ideally it would be better to do when we have a reason to do it such as new businesses in that area.
Commissioner Taylor commented that the stretch that KDOT had done had not bothered him in regards to a four lane, but the smartest thing to do would have been to bypass Kingman. Commissioner Taylor stated that we have to face it as a City sometime, so why not plan now and if it was going to be built around Pratt, they were going to find the money to do it. Commissioner Taylor added that he had heard from Mr. Porter Loomis that if KDOT found the money, they were going to bypass Kingman. Mr. Stull stated that that would make sense, because they were worried about truck traffic. Commissioner Taylor commented that although there is a lot of truck traffic in Pratt, we do not benefit from it. Mr. Stull commented that we would see a benefit with the bypass, because there would be a large truck stop there. Commissioner Taylor commented that based on the position we are at, we could pull people into the community since we were the biggest community before you get to Dodge City, Garden City or Liberal.
Commissioner Taylor stated that those were the thoughts ten years ago about where to build that stretch of road they had the money for, but he felt now that they should have bypassed Kingman. Mr. Howard commented that that would give Pratt more time to build, because big businesses need utilities and wastewater was a key one. Commissioner Taylor asked about electricity. Mr. Howard answered that that was in Ninnescah Rural Electric’s jurisdiction. Commissioner Taylor questioned the lines feeding to Iuka. Mr. Howard stated that the City would have jurisdiction on Highway 281, but not on Highway 61. Mr. Howard added that a way to make that our jurisdiction would be to annex the property. Mr. Howard commented that without any development in that area, the City could get out of it financial without any problems, but if we would try to take the competing utilities after something was out there, you would have to compensate them approximately ten years of what they would have earned.
Mayor Hlavachick commented that the bypass goes through the wetlands in Kingman, so there would have to be a lot of mitigation, so that could slow up the process. Mayor Hlavachick added that wetland mitigation and endangered species would take some time to deal with that. Commissioner Peltier questioned what types of endangered species were in that area. Mayor Hlavachick commented that there were waterfowl, falcons and the same that are over here.
Commissioner Taylor questioned if we needed to get with the Forward 54 group. Mr. Howard commented that he was on the SPIRIT board and their interest was mainly Pratt west into other states. Mr. Howard added that Highway 54 to Pratt was taken for granted, but Mr. Jack Taylor stayed on top of this project. Commissioner Taylor commented that he remembers that one thing they wanted to be sure to do was purchase the rights-of-way so that everyone would know that it was set in stone where it was going to go. Mr. Howard commented that he thought that their annual meeting was in Greensburg this year.
Commissioner Taylor commented that Highway 400 designation being four lanes and continuing onto Dodge City and Garden City instead of Liberal was discussed. Commissioner Taylor added that we may want to get in contact with them to see if we could benefit from both areas. Mr. Howard stated that when KDOT does the public meetings, it would be a good time to decide whether to do it as a City/County group or individual. Mr. Howard added that if we were all on the same page and have a lot of voice, it could pay dividends. Mayor Hlavachick commented that it was SPIRIT that got us this funding, so he would like to know when the next meeting was so that he could attend. Mayor Hlavachick added that it would be 2013 or beyond before Pratt sees the bypass. Commissioner Taylor commented that if Brownback wins, he could help bring some of the federal highway dollars here.
Mr. Howard commented that he thought they were in mitigation with some of the northern property owners, but their issues could have been worked out by now. Commissioner Taylor questioned if they were fighting it. Mr. Howard stated that they had issues that needed worked out, such as one owner wanted to know how it was going to work with his leach field. Mr. Howard added that we were going to use that opportunity to extend our wastewater services up that way with KDOT paying for a portion or all of it, but it never got that far. Mayor Hlavachick commented that it is never too early to put money back for things like that and it should probably be discussed at budget time.
Commissioner Skaggs questioned if wastewater could handle that much additional if the sewer system went up Highways 54 and 61. Mr. Howard explained that the only issue at the wastewater plant was the sludge disposal, but money had been budgeted to develop a new process where you bag it, dry it and take it to the landfill. Commissioner Peltier asked if it could be used as fertilizer. Mr. Howard stated that you could, but most municipalities usually do not due to the heavy metal regulations and liability issues. Mr. Howard commented that the wastewater plant was operating at approximately 68% capacity range and could be better if we take care of the sludge issue.
Commissioner Skaggs commented that with the highway projects and the Maple Street project, we were going to be bringing more downstream. Mr. Howard stated that if Maple Street develops and the bypass comes through, then we may have to look at the plant, but that was looking down the road a ways. Mr. Howard added that that was why we monitor our water use and wastewater use so that you can evaluate the percentage of the plant that is being used.
Commissioner Skaggs questioned if the County would let us bury the dried sludge at the landfill. Mr. Howard commented that unless you have heavy metal issues, it would just be dirt. County Commissioner Dwight Adams questioned if it would have to have a cover on it. Mr. Howard stated that he was not sure. County Commissioner Charles Rinke questioned how it would disintegrate. Mr. Howard commented that those would be issues that would have to be addressed.
GENERAL DISCUSSION ON CITY/COUNTY ISSUES:
• Heavy Equipment Use:
Mayor Hlavachick asked if the County had given any more thought into trading heavy equipment with the City. Commissioner Adams stated that they had not discussed it. Mr. Howard questioned how long the County runs their road graters before they were traded out. Commissioner Rinke stated that it depends on how many hours they have, but they have some that are 1980 or 1983. County Commissioner Joe Reynolds commented that they usually have about 500 hours and that they used to have junk ones. Commissioner Reynolds added that the new ones were a lot better.
Mr. Howard commented that during last year’s storm, the City’s road grater failed miserably, so his thought was that if the County was trading maybe they would look at the City. Commissioner Reynolds commented that they traded in three last year. Mayor Hlavachick questioned how many graters the County had. Commissioner Rinke stated that they have sixteen. Mayor Hlavachick commented that the City’s road grater is used on the dirt streets. Mr. Howard added that it would be hard to argue for the City getting a new one. Commissioner Adams stated that he did not know why they would not be interested and they were usually kept updated. Mr. Howard commented that what was old to the County would be okay for the limited use of the City.
Commissioner Adams commented that when the City gets in a situation, they would help out. Mr. Howard stated that they had and he appreciated it. Mayor Hlavachick commented that the City could not have done it without the grater they had borrowed from the County during the storm. Commissioner Adams commented that the City had done them a favor as well since the County needed to get around too.
• Asphalt:
Commissioner Peltier asked who owned the asphalt pile by the landfill. Commissioner Adams stated that it belonged to the County. Commissioner Peltier questioned if they asphalt their own roads. Commissioner Adams stated that they do. Commissioner Rinke added that they also furnish the sand. Commissioner Adams added that they do not have a plant. Commissioner Reynolds commented that it was cheaper for the contractor to make them so much each time. Mr. Howard commented that the County orders such a large quantity, that the City puts theirs in with the County.
• Paving Lake Road from Hwy 281 to W. River Rd:
Commissioner Skaggs questioned if the paving of Lake Road from Highway 281 to West River Road had been budgeted or thought about. Mr. Stull stated that they had discussed it with land owners from time to time, but they would have to pay for special assessments. Commissioner Skaggs commented that it could be used as a bypass around town during the construction on Main Street. Commissioner Skaggs questioned if the adjoining landowners would have to bear the expenses. Mr. Stull explained that another way to do it would be to do a bond issue and do a special assessment to the City against the adjoining land owners as an add on to their taxes. Mr. Stull commented that the land owners would probably oppose it if they thought it was for a bypass. Mr. Howard commented that it could be eligible for a KLINK project and not use it as a bypass. Commissioner Adams commented that they had tried a lot of things on that road to keep it up.
Commissioner Taylor questioned if the County would have to put in for the KLINK project and the City not be involved. Mr. Howard commented that it could be done as a joint community five-year plan and he explained that it would have to be added to the list when we were working on KDOT’s five-year plan. Mr. Howard stated that KDOT funnels that money to highways that were theirs, such as highways 54 and 281, but if you can show that it would be substantial you might get forty percent. Commissioner Taylor commented that when you get to the point that you know what monies you get, you can do the project or not. Commissioner Taylor added that it might not hurt to add it to the list.
• Lake project:
Mayor Hlavachick commented that he wanted to thank the City on behalf of the Lake Committee for the use of their backhoe and also to the County for all they have done. Mayor Hlavachick stated that you can go out there any day of the week and there are a ton of people out there. Commissioner Adams commented that there had to be some ‘horse trading’ on the millings since they were hard to come by. Commissioner Adams explained that Mr. Don Swift had given a gentleman free trailer rent for the millings.
Commissioner Taylor questioned if the company gets to keep the millings on jobs like the one from Maple Street to the City limits. Mr. Howard answered that it could be bid either way, but on that job, the City had kept it to be used instead of rock. Mr. Howard explained that if the asphalt has oils in it, there was a rejuvenation value to it and the contractors usually want to keep it, but if you spec that you want to keep it, you pay for it.
Commissioner Taylor stated that the lake was very nice and he and his wife enjoyed the walking path, because Lemon’s was getting too busy.
Mayor Hlavachick commented that the Lake Committee would be seeing the County on the 14th to present them with their budget. Commissioner Adams stated that they were doing what they can. Mayor Hlavachick agreed and said that he knew that a lot of the work had been done by volunteers. Commissioner Adams commented that Mr. Bob Epp and Mr. Terry Thompson had left and they had done a lot of physical work. Commissioner Adams commented that Mr. Swift had been working on the concrete pads and they had purchased the picnic tables. Mayor Hlavachick questioned if the trees had been donated. Commissioner Adams stated that they were not donated and they cost between $6,000 and $7,000.
Commissioner Adams commented that since Mr. Swift had been out there with a security shirt and truck, the vandalism was almost nothing. Mr. Howard added that Mr. Swift was there a lot. Commissioner Taylor commented that was a good thing to have out there since people keep fish that they are not supposed to. Commissioner Adams stated that trees were being cut down and many other things before Mr. Swift was made visible. Commissioner Adams commented that things were ready to go as soon as they could get them in.
Commissioner Adams commented that they need to get some cross brochures that let people know where they can go. Commissioner Adams also suggested selling advertising space to downtown businesses. Mayor Hlavachick commented that that can be done on the new kiosk directory at the Sports Complex.
• Thunder on the Prairie:
Mr. Howard commented that the Legion Riders were having the big event on the 3rd of July and asked if the event would be on the island at the lake. Commissioner Adams stated that it was and that they had made the comment that they thought too much security last year had kept some people away.
Commissioner Taylor questioned where the parade would be starting. Mr. Howard commented that they want to go north, because they were going to have a big crane from Trane and it would be able to stop in the 100 block of South Main so that barricades could be taken down to let it go on. Commissioner Taylor commented that he had heard that there would be motorcycles from two or three different states and that would bring meaning to ‘Thunder on the Prairie’.
• Northern Natural Gas:
Mr. Stull commented that the Federal Energy Regulatory Commission entered an order last Wednesday allowing Northern Natural to expand its storage fields an additional 12,000 acres. Mr. Stull added that that was about 2,000 acres from what they were asking for and as a result of that, the County would be losing a lot of ad volerum taxes from the wells that were producing on the 12,000 acres. Mr. Stull explained that the wells would continue to produce, but the money would be held in escrow in District Court here.
Mr. Stull commented that his guess would be that production would stop and no longer accrue. Mr. Stull stated that the last time the County lost a well to Northern’s expansion, they also lost the taxes. Mr. Stull continued to explain that they had asked for a refund of the owners of the wells, but they had stated that it was not really their gas and they should not have to pay ad volerum taxes on them. Mr. Stull commented that that was minor to what it was now.
Mr. Stull explained that the taxing districts that were affected would lose about $600,000. Mr. Stull added that if they asked for money back and they could go back as far as 2009, but some of those taxes were not paid. Mr. Stull commented that taxes that had not been billed but appraised would be assessed for 2010 and that would be another $600,000. Mr. Stull clarified that that would affect the County, the school districts and the college, which were about 90% of that tax loss. Mr. Stull added that the County would be the biggest share and they may collect this year, but from here on out it would be gone.
Commissioner Taylor questioned if that was $600,000 each year and if that was just the County’s share or all entities. Mr. Stull explained that that was total and he thought that they would have to include it in their tax levy as if they were going to get it, because you would not want to walk away without giving them a fine. Mr. Stull commented that you may not get it so you would have to access more in that case. Mr. Howard asked if there was any type of appeal. Mr. Stull stated that there was not. Commissioner Adams stated that the dollar figures were $300,000 for the County, $200,000 for the school districts and $9,000 for the college.
Mr. Howard asked how many wells were being shut down. Mr. Stull commented that he was not sure, but it was probably around thirty. Mr. Howard questioned if the well owners had to pay to have them plugged. Mr. Stull stated that that order had not come through and FERC had stated that they could not use that area to either input or take out gas. Mr. Stull added that it was being taken away from owners because Northern Natural leaked and they need to have the right to recover their gas.
Commissioner Peltier questioned if the mill levy would be raised to make up for that. Mr. Stull commented that they do not know where that is going. Mr. Van Blaricum questioned if the upward trend in assessments would offset that. Mr. Stull explained that they would lose a lot of valuation, because a lot of the valuation increase was from that production. Mr. Stull commented that there was a local oil company, one in Great Bend and one in Wichita that were going to lose significant amounts of revenue and value and land owners that would lose income.
Mr. Stull explained that the same time that Judge Schmisseur ruled in this case, a federal court case ruled that Kansas had no legal authority to regulate storage units. Commissioner Adams questioned how FERC members were appointed. Mr. Stull explained that they were appointed by the President. Mr. Stull commented that the land owners and working interest owners would have an opportunity to be compensated through the taking process, but Northern Natural had said that they would not have to compensate anyone for gas or oil since it was their gas and oil. Mr. Stull explained that their theory was that with a native gas well, it was not enough to produce without theirs; therefore, they do not have to pay. Mr. Stull added that it was the same with oil and then they take it for themselves and paying nothing for it.
• Hospital issue:
After a short break for lunch, the Commissions discussed the hospital issue. Mr. Stull commented that the County does not have the staff or know that much about that kind of assessment needed for the hospital issue and neither does the hospital board. Mr. Stull stated that most of what the hospital board gets was from PRMC and their experts. Mr. Stull explained that what they had decided to do was re-evaluate their valuation by taking their reports and seek an independent review of that and see if there are other alternatives.
Mr. Stull commented that they do not question their valuations or studies, but you could do those studies and come to different conclusions and different ideas. Mr. Stull stated that maybe in thirty to sixty days they could get a good look at it.
Mr. Stull stated that another issue was why the County had not been putting back money for this. Mr. Stull explained that they had been spending money on the infrastructure from the start in the 1980’s when PRMC took over and there was a bond issue. Mr. Stull added that PRMC had paid off that bond and they had a bond issue when they built the medical office building and they paid that. Mr. Stull stated that they had paid millions on the infrastructure in the last twenty-five years.
Commissioner Taylor questioned if the budgeted mill was one or one and a quarter and if that was used for regular maintenance. Mr. Stull commented that the County was responsible for that, but PRMC money was technically County money and they were spending a million dollars on infrastructure, so the County was spending money.
Mr. Howard questioned if they had hired a review committee. Mr. Stull commented that that was going to be part of the process and one of the things they think they would find is that the previous study that created this project was an inside out and what it needs to be is an outside in. Mr. Stull explained that one of the things the letter to the consultants said was that they would not be part of the project. Commissioner Taylor commented that that was good, because then they do not have a vested interest.
• Annexation request:
Commissioner Skaggs questioned if there was going to be any discussion on Mr. Howard’s request for rezoning. Commissioner Peltier stated that they had already voted on that and it was in the County’s hands. Commissioner Skaggs asked when the hearing was. Mr. Stull stated that they had thirty days, but now it would have to be rescheduled since there was the address issue. Mr. Stull added that they had sent letters out to the area land owners and to the paper.
Commissioner Skaggs asked what the process was. Mr. Stull stated that the Statute does not define or require what the County needs to do, but it does require that they make a finding regarding any negative impact on development or any other community and he did not know any other way to make that determination without having some type of hearing process.
Mr. Stull explained that the County Commission cannot, amongst themselves, make a decision without other information and it would be different if they had a zoning staff to make a recommendation. Mr. Stull commented that they had decided that owners between Wildlife and Parks and Country Club Road would be who would get the letters concerning the annexation.
Commissioner Taylor asked when that hearing was. Mr. Stull stated that it was to be this coming Monday, but someone had noticed the error in the address and brought it to the attention of County Clerk Sherry Kruse. Mr. Howard questioned if they were going to reschedule the hearing. Mr. Stull stated that they need to get it right. Mr. Howard agreed.
Commissioner Skaggs commented that to simplify it, since Mr. Howard was the top City employee, he felt that he should pay City taxes. Commissioner Skaggs questioned fire protection. Mr. Howard stated that there were three areas of criteria and the first two were not in question. Mr. Howard continued stating that the last one was that ‘The Board of County Commissioners of the County finds and determines that the annexation of the land will not hinder or prevent the proper growth and development of the area or that of any other incorporated City located within the County’ and that was what the County had to find. Commissioner Peltier commented that that area was pretty well developed. Mr. Howard commented that he would have arguments on a lot of issues.
Commissioner Reynolds commented that there were a lot of issues to consider. Mr. Howard stated that those were the only issues they could consider. Commissioner Reynolds questioned who would respond if there was a wreck out there. Mr. Howard stated that the only findings they could have are the ones listed in the Statute and if the County goes outside those boundaries, he would challenge them.
Commissioner Reynolds commented that it would also mess with the 911 system. Commissioner Peltier asked how you mess up the 911 system when they respond to everyone in the City and everywhere else. Commissioner Reynolds commented that they would have to ask Mr. Mark McManaman, because he was the one who set all that up. Mr. Howard asked about the other areas that were non-contiguous. Commissioner Reynolds stated that he did not know anything about that and that Mr. McManaman was the one that set up the addresses. Mr. Howard questioned if the law required him to have the 911 service. Mr. Stull stated that he did not know how it worked, but he knew that there were rules in making changes.
Commissioner Reynolds questioned why he had to be in the City just because he was the head man. Commissioner Reynolds added that one guy in the electrical department lives in the County. Mr. Howard stated that it was his right as a property owner and just because he was the City Manager he should not lose his rights in the County. Mr. Howard stated that this was a provision in the State Statute and it was there for a reason and he was exercising his right. Mr. Howard commented that there was nothing in the Statute that says that he has to disclose why he wanted to come into the City so that was not an issue. Mr. Howard added that he did not have a problem telling him why, but that would be disclosed at the hearing.
Commissioner Reynolds asked if the City Commission thought of any of the issues before they okayed the resolution. Commissioner Taylor stated that he did not see any problems that it would cause. Commissioner Reynolds commented that they had not looked at any other issues it could cause, such as 911. Commissioner Taylor stated that it had an address. Commissioner Reynolds questioned who they were going to send out if 911 were called. Mr. Howard commented that there was an A T & T test call from his neighbor, Bob Doolittle, and City officers showed up and that was what we do if the County cannot show up. Commissioner Taylor stated that there was non-contiguous property at the airport. Mr. Howard added that the City also provides fire protection for Wildlife and Parks.
Commissioner Peltier asked if the City of Pratt was in the County of Pratt. Mr. Stull stated that it was not in the unincorporated portion, but it was incorporated within. Commissioner Peltier questioned if the City should have the right to sheriff’s protection. Mr. Stull stated that they have concurrent jurisdiction. Commissioner Taylor commented that once they got it set up on the data base for 911 and they see the address, they would know that it is City. Mr. Howard commented that they handled it with the college and the industrial park and also the old Chrysler building. Commissioner Reynolds stated that there was a problem at the fire a year ago at the Chrysler building. Commissioner Taylor stated that the fire started in Pratt so everybody was there. Commissioner Reynolds stated that Pratt had the fire, but then there was a fire at Mr. McManaman’s house and no truck could get there.
ADJOURN:
After little more discussion, Commissioner Peltier made a motion to adjourn. The motion was seconded by Commissioner Taylor and carried unanimously.
____________________________________
BILL HLAVACHICK, Mayor
(SEAL)
ATTEST:
_____________________________________
LUANN KRAMER, City Clerk
JUNE 07, 2010
The Governing Body of the City of Pratt met in Recessed 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
Joe Reynolds County Commissioner
Charles Rinke County Commissioner
Dwight Adams County Commissioner
Sherry Kruse County Clerk
Gordon Stull County Counselor
CALL TO ORDER:
Mayor Hlavachick called the recessed meeting to order. The Mayor instructed the Clerk to note that all Commissioners were present with the exception of Commissioner Taylor.
BUSINESS:
DISCUSSION AND APPROVAL OF RESOLUTION 060710A AMENDING ANNEXATION RESOLUTION 051710:
City Attorney Ken Van Blaricum commented that Resolution 051710 pertaining to the annexation of property that the Commission had approved on May 17th had a typo; therefore, needed to be corrected to bring things up to speed. City Manager Dave Howard commented that the number on the first resolution was 10350 and should have read 10359. Mr. Howard added that the County had a thirty day fact finding time period and he felt that that should start over, which he had no opposition to.
The following Resolution 060710A was then presented to the Commission for their approval: RESOLUTION AMENDING RESOLUTION 051710 REQUESTING THE BOARD OF COUNTY COMMISSIONERS OF PRATT COUNTY, KANSAS, TO MAKE CERTAIN FINDINGS REGARDING THE ANNEXATION OF PROPERTY. A motion by Commissioner Skaggs approving Resolution 061710A correcting the address to read 10359. The motion was seconded by Commissioner Peltier. Mr. Howard stated that if land use issues end up in court, these little things were important so you want to do them right. Commissioner Graf questioned if this was just for the address change only and nothing to do with what the Commission did last time. Mr. Howard stated that the only difference was that it changed the last digit. The motion was approved unanimously.
DISCUSSION ON NEW HIGHWAY PLAN:
Mayor Hlavachick commented that he thought it was great that the State of Kansas was being proactive on the highway plan and that Highway 54 was going to be built due to the ground already being bought. Mr. Howard commented that he had thought that they were going to go west and there were going to be public hearings to get the opinions of the Cities and Counties. Mr. Howard explained that they mention different options such as bypass lanes and four lanes. (Commissioner Taylor arrived at 11:13 a.m.) Mr. Howard stated that if they have all this money for highway improvements around the City, it would be beneficial to our economy.
Mayor Hlavachick commented that he remembers agreeing on doing the ten mile stretch they were doing now, but was not sure where they were going next. Mr. Howard commented that, from KDOT’s perspective, it would make sense to do the bypass around Kingman before Pratt. County Counselor Gordon Stull stated that you would not want to do a bypass until you had the benefit of a four lane road, because you would be running traffic away from you and with a four lane road you would have the benefit of additional traffic and new services that would go up. Mr. Howard agreed and commented that one thing that the City does need to think about were the services, which had been what we were thinking about with the waterline to the Ethanol Plant going past the bypass. Mr. Howard added that that would be significant dollars when KDOT builds the bypass, in that if any changes need to be done, the water system is on private property and the City got easements so that any expenses would be KDOT’s.
Mr. Howard stated that the City should be thinking about expanding their sewer system to get it up past where the bypass was going. Mr. Howard explained that to put the sewer system under the bypass would be very expensive, but ideally it would be better to do when we have a reason to do it such as new businesses in that area.
Commissioner Taylor commented that the stretch that KDOT had done had not bothered him in regards to a four lane, but the smartest thing to do would have been to bypass Kingman. Commissioner Taylor stated that we have to face it as a City sometime, so why not plan now and if it was going to be built around Pratt, they were going to find the money to do it. Commissioner Taylor added that he had heard from Mr. Porter Loomis that if KDOT found the money, they were going to bypass Kingman. Mr. Stull stated that that would make sense, because they were worried about truck traffic. Commissioner Taylor commented that although there is a lot of truck traffic in Pratt, we do not benefit from it. Mr. Stull commented that we would see a benefit with the bypass, because there would be a large truck stop there. Commissioner Taylor commented that based on the position we are at, we could pull people into the community since we were the biggest community before you get to Dodge City, Garden City or Liberal.
Commissioner Taylor stated that those were the thoughts ten years ago about where to build that stretch of road they had the money for, but he felt now that they should have bypassed Kingman. Mr. Howard commented that that would give Pratt more time to build, because big businesses need utilities and wastewater was a key one. Commissioner Taylor asked about electricity. Mr. Howard answered that that was in Ninnescah Rural Electric’s jurisdiction. Commissioner Taylor questioned the lines feeding to Iuka. Mr. Howard stated that the City would have jurisdiction on Highway 281, but not on Highway 61. Mr. Howard added that a way to make that our jurisdiction would be to annex the property. Mr. Howard commented that without any development in that area, the City could get out of it financial without any problems, but if we would try to take the competing utilities after something was out there, you would have to compensate them approximately ten years of what they would have earned.
Mayor Hlavachick commented that the bypass goes through the wetlands in Kingman, so there would have to be a lot of mitigation, so that could slow up the process. Mayor Hlavachick added that wetland mitigation and endangered species would take some time to deal with that. Commissioner Peltier questioned what types of endangered species were in that area. Mayor Hlavachick commented that there were waterfowl, falcons and the same that are over here.
Commissioner Taylor questioned if we needed to get with the Forward 54 group. Mr. Howard commented that he was on the SPIRIT board and their interest was mainly Pratt west into other states. Mr. Howard added that Highway 54 to Pratt was taken for granted, but Mr. Jack Taylor stayed on top of this project. Commissioner Taylor commented that he remembers that one thing they wanted to be sure to do was purchase the rights-of-way so that everyone would know that it was set in stone where it was going to go. Mr. Howard commented that he thought that their annual meeting was in Greensburg this year.
Commissioner Taylor commented that Highway 400 designation being four lanes and continuing onto Dodge City and Garden City instead of Liberal was discussed. Commissioner Taylor added that we may want to get in contact with them to see if we could benefit from both areas. Mr. Howard stated that when KDOT does the public meetings, it would be a good time to decide whether to do it as a City/County group or individual. Mr. Howard added that if we were all on the same page and have a lot of voice, it could pay dividends. Mayor Hlavachick commented that it was SPIRIT that got us this funding, so he would like to know when the next meeting was so that he could attend. Mayor Hlavachick added that it would be 2013 or beyond before Pratt sees the bypass. Commissioner Taylor commented that if Brownback wins, he could help bring some of the federal highway dollars here.
Mr. Howard commented that he thought they were in mitigation with some of the northern property owners, but their issues could have been worked out by now. Commissioner Taylor questioned if they were fighting it. Mr. Howard stated that they had issues that needed worked out, such as one owner wanted to know how it was going to work with his leach field. Mr. Howard added that we were going to use that opportunity to extend our wastewater services up that way with KDOT paying for a portion or all of it, but it never got that far. Mayor Hlavachick commented that it is never too early to put money back for things like that and it should probably be discussed at budget time.
Commissioner Skaggs questioned if wastewater could handle that much additional if the sewer system went up Highways 54 and 61. Mr. Howard explained that the only issue at the wastewater plant was the sludge disposal, but money had been budgeted to develop a new process where you bag it, dry it and take it to the landfill. Commissioner Peltier asked if it could be used as fertilizer. Mr. Howard stated that you could, but most municipalities usually do not due to the heavy metal regulations and liability issues. Mr. Howard commented that the wastewater plant was operating at approximately 68% capacity range and could be better if we take care of the sludge issue.
Commissioner Skaggs commented that with the highway projects and the Maple Street project, we were going to be bringing more downstream. Mr. Howard stated that if Maple Street develops and the bypass comes through, then we may have to look at the plant, but that was looking down the road a ways. Mr. Howard added that that was why we monitor our water use and wastewater use so that you can evaluate the percentage of the plant that is being used.
Commissioner Skaggs questioned if the County would let us bury the dried sludge at the landfill. Mr. Howard commented that unless you have heavy metal issues, it would just be dirt. County Commissioner Dwight Adams questioned if it would have to have a cover on it. Mr. Howard stated that he was not sure. County Commissioner Charles Rinke questioned how it would disintegrate. Mr. Howard commented that those would be issues that would have to be addressed.
GENERAL DISCUSSION ON CITY/COUNTY ISSUES:
• Heavy Equipment Use:
Mayor Hlavachick asked if the County had given any more thought into trading heavy equipment with the City. Commissioner Adams stated that they had not discussed it. Mr. Howard questioned how long the County runs their road graters before they were traded out. Commissioner Rinke stated that it depends on how many hours they have, but they have some that are 1980 or 1983. County Commissioner Joe Reynolds commented that they usually have about 500 hours and that they used to have junk ones. Commissioner Reynolds added that the new ones were a lot better.
Mr. Howard commented that during last year’s storm, the City’s road grater failed miserably, so his thought was that if the County was trading maybe they would look at the City. Commissioner Reynolds commented that they traded in three last year. Mayor Hlavachick questioned how many graters the County had. Commissioner Rinke stated that they have sixteen. Mayor Hlavachick commented that the City’s road grater is used on the dirt streets. Mr. Howard added that it would be hard to argue for the City getting a new one. Commissioner Adams stated that he did not know why they would not be interested and they were usually kept updated. Mr. Howard commented that what was old to the County would be okay for the limited use of the City.
Commissioner Adams commented that when the City gets in a situation, they would help out. Mr. Howard stated that they had and he appreciated it. Mayor Hlavachick commented that the City could not have done it without the grater they had borrowed from the County during the storm. Commissioner Adams commented that the City had done them a favor as well since the County needed to get around too.
• Asphalt:
Commissioner Peltier asked who owned the asphalt pile by the landfill. Commissioner Adams stated that it belonged to the County. Commissioner Peltier questioned if they asphalt their own roads. Commissioner Adams stated that they do. Commissioner Rinke added that they also furnish the sand. Commissioner Adams added that they do not have a plant. Commissioner Reynolds commented that it was cheaper for the contractor to make them so much each time. Mr. Howard commented that the County orders such a large quantity, that the City puts theirs in with the County.
• Paving Lake Road from Hwy 281 to W. River Rd:
Commissioner Skaggs questioned if the paving of Lake Road from Highway 281 to West River Road had been budgeted or thought about. Mr. Stull stated that they had discussed it with land owners from time to time, but they would have to pay for special assessments. Commissioner Skaggs commented that it could be used as a bypass around town during the construction on Main Street. Commissioner Skaggs questioned if the adjoining landowners would have to bear the expenses. Mr. Stull explained that another way to do it would be to do a bond issue and do a special assessment to the City against the adjoining land owners as an add on to their taxes. Mr. Stull commented that the land owners would probably oppose it if they thought it was for a bypass. Mr. Howard commented that it could be eligible for a KLINK project and not use it as a bypass. Commissioner Adams commented that they had tried a lot of things on that road to keep it up.
Commissioner Taylor questioned if the County would have to put in for the KLINK project and the City not be involved. Mr. Howard commented that it could be done as a joint community five-year plan and he explained that it would have to be added to the list when we were working on KDOT’s five-year plan. Mr. Howard stated that KDOT funnels that money to highways that were theirs, such as highways 54 and 281, but if you can show that it would be substantial you might get forty percent. Commissioner Taylor commented that when you get to the point that you know what monies you get, you can do the project or not. Commissioner Taylor added that it might not hurt to add it to the list.
• Lake project:
Mayor Hlavachick commented that he wanted to thank the City on behalf of the Lake Committee for the use of their backhoe and also to the County for all they have done. Mayor Hlavachick stated that you can go out there any day of the week and there are a ton of people out there. Commissioner Adams commented that there had to be some ‘horse trading’ on the millings since they were hard to come by. Commissioner Adams explained that Mr. Don Swift had given a gentleman free trailer rent for the millings.
Commissioner Taylor questioned if the company gets to keep the millings on jobs like the one from Maple Street to the City limits. Mr. Howard answered that it could be bid either way, but on that job, the City had kept it to be used instead of rock. Mr. Howard explained that if the asphalt has oils in it, there was a rejuvenation value to it and the contractors usually want to keep it, but if you spec that you want to keep it, you pay for it.
Commissioner Taylor stated that the lake was very nice and he and his wife enjoyed the walking path, because Lemon’s was getting too busy.
Mayor Hlavachick commented that the Lake Committee would be seeing the County on the 14th to present them with their budget. Commissioner Adams stated that they were doing what they can. Mayor Hlavachick agreed and said that he knew that a lot of the work had been done by volunteers. Commissioner Adams commented that Mr. Bob Epp and Mr. Terry Thompson had left and they had done a lot of physical work. Commissioner Adams commented that Mr. Swift had been working on the concrete pads and they had purchased the picnic tables. Mayor Hlavachick questioned if the trees had been donated. Commissioner Adams stated that they were not donated and they cost between $6,000 and $7,000.
Commissioner Adams commented that since Mr. Swift had been out there with a security shirt and truck, the vandalism was almost nothing. Mr. Howard added that Mr. Swift was there a lot. Commissioner Taylor commented that was a good thing to have out there since people keep fish that they are not supposed to. Commissioner Adams stated that trees were being cut down and many other things before Mr. Swift was made visible. Commissioner Adams commented that things were ready to go as soon as they could get them in.
Commissioner Adams commented that they need to get some cross brochures that let people know where they can go. Commissioner Adams also suggested selling advertising space to downtown businesses. Mayor Hlavachick commented that that can be done on the new kiosk directory at the Sports Complex.
• Thunder on the Prairie:
Mr. Howard commented that the Legion Riders were having the big event on the 3rd of July and asked if the event would be on the island at the lake. Commissioner Adams stated that it was and that they had made the comment that they thought too much security last year had kept some people away.
Commissioner Taylor questioned where the parade would be starting. Mr. Howard commented that they want to go north, because they were going to have a big crane from Trane and it would be able to stop in the 100 block of South Main so that barricades could be taken down to let it go on. Commissioner Taylor commented that he had heard that there would be motorcycles from two or three different states and that would bring meaning to ‘Thunder on the Prairie’.
• Northern Natural Gas:
Mr. Stull commented that the Federal Energy Regulatory Commission entered an order last Wednesday allowing Northern Natural to expand its storage fields an additional 12,000 acres. Mr. Stull added that that was about 2,000 acres from what they were asking for and as a result of that, the County would be losing a lot of ad volerum taxes from the wells that were producing on the 12,000 acres. Mr. Stull explained that the wells would continue to produce, but the money would be held in escrow in District Court here.
Mr. Stull commented that his guess would be that production would stop and no longer accrue. Mr. Stull stated that the last time the County lost a well to Northern’s expansion, they also lost the taxes. Mr. Stull continued to explain that they had asked for a refund of the owners of the wells, but they had stated that it was not really their gas and they should not have to pay ad volerum taxes on them. Mr. Stull commented that that was minor to what it was now.
Mr. Stull explained that the taxing districts that were affected would lose about $600,000. Mr. Stull added that if they asked for money back and they could go back as far as 2009, but some of those taxes were not paid. Mr. Stull commented that taxes that had not been billed but appraised would be assessed for 2010 and that would be another $600,000. Mr. Stull clarified that that would affect the County, the school districts and the college, which were about 90% of that tax loss. Mr. Stull added that the County would be the biggest share and they may collect this year, but from here on out it would be gone.
Commissioner Taylor questioned if that was $600,000 each year and if that was just the County’s share or all entities. Mr. Stull explained that that was total and he thought that they would have to include it in their tax levy as if they were going to get it, because you would not want to walk away without giving them a fine. Mr. Stull commented that you may not get it so you would have to access more in that case. Mr. Howard asked if there was any type of appeal. Mr. Stull stated that there was not. Commissioner Adams stated that the dollar figures were $300,000 for the County, $200,000 for the school districts and $9,000 for the college.
Mr. Howard asked how many wells were being shut down. Mr. Stull commented that he was not sure, but it was probably around thirty. Mr. Howard questioned if the well owners had to pay to have them plugged. Mr. Stull stated that that order had not come through and FERC had stated that they could not use that area to either input or take out gas. Mr. Stull added that it was being taken away from owners because Northern Natural leaked and they need to have the right to recover their gas.
Commissioner Peltier questioned if the mill levy would be raised to make up for that. Mr. Stull commented that they do not know where that is going. Mr. Van Blaricum questioned if the upward trend in assessments would offset that. Mr. Stull explained that they would lose a lot of valuation, because a lot of the valuation increase was from that production. Mr. Stull commented that there was a local oil company, one in Great Bend and one in Wichita that were going to lose significant amounts of revenue and value and land owners that would lose income.
Mr. Stull explained that the same time that Judge Schmisseur ruled in this case, a federal court case ruled that Kansas had no legal authority to regulate storage units. Commissioner Adams questioned how FERC members were appointed. Mr. Stull explained that they were appointed by the President. Mr. Stull commented that the land owners and working interest owners would have an opportunity to be compensated through the taking process, but Northern Natural had said that they would not have to compensate anyone for gas or oil since it was their gas and oil. Mr. Stull explained that their theory was that with a native gas well, it was not enough to produce without theirs; therefore, they do not have to pay. Mr. Stull added that it was the same with oil and then they take it for themselves and paying nothing for it.
• Hospital issue:
After a short break for lunch, the Commissions discussed the hospital issue. Mr. Stull commented that the County does not have the staff or know that much about that kind of assessment needed for the hospital issue and neither does the hospital board. Mr. Stull stated that most of what the hospital board gets was from PRMC and their experts. Mr. Stull explained that what they had decided to do was re-evaluate their valuation by taking their reports and seek an independent review of that and see if there are other alternatives.
Mr. Stull commented that they do not question their valuations or studies, but you could do those studies and come to different conclusions and different ideas. Mr. Stull stated that maybe in thirty to sixty days they could get a good look at it.
Mr. Stull stated that another issue was why the County had not been putting back money for this. Mr. Stull explained that they had been spending money on the infrastructure from the start in the 1980’s when PRMC took over and there was a bond issue. Mr. Stull added that PRMC had paid off that bond and they had a bond issue when they built the medical office building and they paid that. Mr. Stull stated that they had paid millions on the infrastructure in the last twenty-five years.
Commissioner Taylor questioned if the budgeted mill was one or one and a quarter and if that was used for regular maintenance. Mr. Stull commented that the County was responsible for that, but PRMC money was technically County money and they were spending a million dollars on infrastructure, so the County was spending money.
Mr. Howard questioned if they had hired a review committee. Mr. Stull commented that that was going to be part of the process and one of the things they think they would find is that the previous study that created this project was an inside out and what it needs to be is an outside in. Mr. Stull explained that one of the things the letter to the consultants said was that they would not be part of the project. Commissioner Taylor commented that that was good, because then they do not have a vested interest.
• Annexation request:
Commissioner Skaggs questioned if there was going to be any discussion on Mr. Howard’s request for rezoning. Commissioner Peltier stated that they had already voted on that and it was in the County’s hands. Commissioner Skaggs asked when the hearing was. Mr. Stull stated that they had thirty days, but now it would have to be rescheduled since there was the address issue. Mr. Stull added that they had sent letters out to the area land owners and to the paper.
Commissioner Skaggs asked what the process was. Mr. Stull stated that the Statute does not define or require what the County needs to do, but it does require that they make a finding regarding any negative impact on development or any other community and he did not know any other way to make that determination without having some type of hearing process.
Mr. Stull explained that the County Commission cannot, amongst themselves, make a decision without other information and it would be different if they had a zoning staff to make a recommendation. Mr. Stull commented that they had decided that owners between Wildlife and Parks and Country Club Road would be who would get the letters concerning the annexation.
Commissioner Taylor asked when that hearing was. Mr. Stull stated that it was to be this coming Monday, but someone had noticed the error in the address and brought it to the attention of County Clerk Sherry Kruse. Mr. Howard questioned if they were going to reschedule the hearing. Mr. Stull stated that they need to get it right. Mr. Howard agreed.
Commissioner Skaggs commented that to simplify it, since Mr. Howard was the top City employee, he felt that he should pay City taxes. Commissioner Skaggs questioned fire protection. Mr. Howard stated that there were three areas of criteria and the first two were not in question. Mr. Howard continued stating that the last one was that ‘The Board of County Commissioners of the County finds and determines that the annexation of the land will not hinder or prevent the proper growth and development of the area or that of any other incorporated City located within the County’ and that was what the County had to find. Commissioner Peltier commented that that area was pretty well developed. Mr. Howard commented that he would have arguments on a lot of issues.
Commissioner Reynolds commented that there were a lot of issues to consider. Mr. Howard stated that those were the only issues they could consider. Commissioner Reynolds questioned who would respond if there was a wreck out there. Mr. Howard stated that the only findings they could have are the ones listed in the Statute and if the County goes outside those boundaries, he would challenge them.
Commissioner Reynolds commented that it would also mess with the 911 system. Commissioner Peltier asked how you mess up the 911 system when they respond to everyone in the City and everywhere else. Commissioner Reynolds commented that they would have to ask Mr. Mark McManaman, because he was the one who set all that up. Mr. Howard asked about the other areas that were non-contiguous. Commissioner Reynolds stated that he did not know anything about that and that Mr. McManaman was the one that set up the addresses. Mr. Howard questioned if the law required him to have the 911 service. Mr. Stull stated that he did not know how it worked, but he knew that there were rules in making changes.
Commissioner Reynolds questioned why he had to be in the City just because he was the head man. Commissioner Reynolds added that one guy in the electrical department lives in the County. Mr. Howard stated that it was his right as a property owner and just because he was the City Manager he should not lose his rights in the County. Mr. Howard stated that this was a provision in the State Statute and it was there for a reason and he was exercising his right. Mr. Howard commented that there was nothing in the Statute that says that he has to disclose why he wanted to come into the City so that was not an issue. Mr. Howard added that he did not have a problem telling him why, but that would be disclosed at the hearing.
Commissioner Reynolds asked if the City Commission thought of any of the issues before they okayed the resolution. Commissioner Taylor stated that he did not see any problems that it would cause. Commissioner Reynolds commented that they had not looked at any other issues it could cause, such as 911. Commissioner Taylor stated that it had an address. Commissioner Reynolds questioned who they were going to send out if 911 were called. Mr. Howard commented that there was an A T & T test call from his neighbor, Bob Doolittle, and City officers showed up and that was what we do if the County cannot show up. Commissioner Taylor stated that there was non-contiguous property at the airport. Mr. Howard added that the City also provides fire protection for Wildlife and Parks.
Commissioner Peltier asked if the City of Pratt was in the County of Pratt. Mr. Stull stated that it was not in the unincorporated portion, but it was incorporated within. Commissioner Peltier questioned if the City should have the right to sheriff’s protection. Mr. Stull stated that they have concurrent jurisdiction. Commissioner Taylor commented that once they got it set up on the data base for 911 and they see the address, they would know that it is City. Mr. Howard commented that they handled it with the college and the industrial park and also the old Chrysler building. Commissioner Reynolds stated that there was a problem at the fire a year ago at the Chrysler building. Commissioner Taylor stated that the fire started in Pratt so everybody was there. Commissioner Reynolds stated that Pratt had the fire, but then there was a fire at Mr. McManaman’s house and no truck could get there.
ADJOURN:
After little more discussion, Commissioner Peltier made a motion to adjourn. The motion was seconded by Commissioner Taylor and carried unanimously.
____________________________________
BILL HLAVACHICK, Mayor
(SEAL)
ATTEST:
_____________________________________
LUANN KRAMER, City Clerk
06/21/10 City Commission Agenda
MONDAY
JUNE 21, 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 – June 07, 2010 Recessed City/County Commission meeting
June 07, 2010 Regular Commission meeting
4. OPEN AGENDA
5. BUSINESS:
5.1 Presentation of City of Pratt 2009 Audit – Vicky Dreiling, Adams, Brown, Beran & Ball, Chtd.
5.2 Consideration and Approval of Low Bid for the Main Street Waterline Project – Don Hellar, EBH Engineering; City Staff
5.3 Consideration and Approval of 2011 Budget Request of 3 Mill for Pratt Public Library – Rochelle Westerhaus, Library Board Secretary
5.4 Consideration of Request to Purchase City Property – Roger and Patricia Shippy; Warren and Celia Hatzenbuehler
5.5 Consideration and Approval of Street Closures for the Sidewalk Sale – Jan Scarbrough, Chamber Director
5.6 Consideration and Approval of Low Bid for One Replacement Air Compressor – Ernie Smith, Power Plant Superintendent; Kelly Hemphill, Dir. of Electric Utilities
5.7 Consideration and Approval of Handicap Parking at Fourth and Oak Streets – Steve Holmes, Police Chief
5.8 Consideration and Approval of the Plat for the 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
JUNE 21, 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 – June 07, 2010 Recessed City/County Commission meeting
June 07, 2010 Regular Commission meeting
4. OPEN AGENDA
5. BUSINESS:
5.1 Presentation of City of Pratt 2009 Audit – Vicky Dreiling, Adams, Brown, Beran & Ball, Chtd.
5.2 Consideration and Approval of Low Bid for the Main Street Waterline Project – Don Hellar, EBH Engineering; City Staff
5.3 Consideration and Approval of 2011 Budget Request of 3 Mill for Pratt Public Library – Rochelle Westerhaus, Library Board Secretary
5.4 Consideration of Request to Purchase City Property – Roger and Patricia Shippy; Warren and Celia Hatzenbuehler
5.5 Consideration and Approval of Street Closures for the Sidewalk Sale – Jan Scarbrough, Chamber Director
5.6 Consideration and Approval of Low Bid for One Replacement Air Compressor – Ernie Smith, Power Plant Superintendent; Kelly Hemphill, Dir. of Electric Utilities
5.7 Consideration and Approval of Handicap Parking at Fourth and Oak Streets – Steve Holmes, Police Chief
5.8 Consideration and Approval of the Plat for the 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
Wednesday, June 9, 2010
5/17/10-Approved City Commission Minutes
MONDAY
MAY 17, 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
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
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 Skaggs.
Mayor Hlavachick reminded the staff and audience that this meeting may be taped and/or recorded.
MINUTES:
A motion by Commissioner Taylor to approve the minutes of the May 03, 2010 regular meeting. The motion was seconded by Commissioner Peltier and carried unanimously.
OPEN AGENDA:
American Legion:
• Leak:
Mr. Rick Wittig thanked Director of Electric Utilities Kelly Hemphill for cutting the trees at the American Legion that had been causing some electrical problems and also Public Works Director Russell Rambat for getting the mowing done.
Mr. Wittig addressed the Commission about a leak at the American Legion and it was a City building. Commissioner Taylor questioned if it was the City’s building or just the land. City Manager Howard commented that he thought it was building. Commissioner Peltier asked if they were on a long term lease. Mr. Howard stated that we would have to look at the agreement to see what it said. Commissioner Peltier commented that they wanted us to fix it if the building was the City’s. Mr. Wittig stated that was correct. Mayor Hlavachick stated that they would have to review it and get back to him. Mr. Wittig added that the leak was on the outside of the front porch. Commissioner Peltier commented that we would probably have to change the grade.
• Smoking issue:
Mr. Wittig questioned if a vote was taken on the smoking ban. Commissioner Taylor asked why they needed to take a vote. Mr. Wittig asked if they were all in agreement that they were not going to allow smoking. Mayor Hlavachick commented that he understood that the Commission would not make any exceptions to the already existing regulations and the Commission agreed. Commissioner Taylor commented that when the State law takes effect July 1st, then they would be under them and we would drop our ordinance.
Mr. Wittig commented that when this all started, they were almost broke and now they were there. Mr. Wittig stated that they made $23 last month with bills paid and they were about to close. Mr. Wittig commented that people have suggested bringing in a band to raise money, but no one wants to come if they cannot smoke. Mayor Hlavachick questioned if their membership was going under. Mr. Wittig commented that they had 120 members, but they did not come in regularly.
Mr. Wittig commented that his resolution would be to ask for funds to get by until July. Mr. Wittig suggested that $2,000 was what the City of Wichita had given their American Legion, because it would take longer than July to get members back. Mr. Wittig stated that they cannot operate and it all comes down to the smoking ban. Mr. Wittig added that they had survived when they had smoking upstairs and non-smoking downstairs, but when the no smoking was enforced they were done.
Commissioner Taylor asked if they had tried writing a letter to their members. Mr. Wittig commented that that was in progress. Mr. Wittig commented that they needed an ice machine, but they cannot afford it. Mr. Wittig added Woody’s and the Elk’s had been mentioned, but they serve food and the Legion does not except on special occasions. Mr. Wittig stated that donations were not enough and they needed funds to support the Legion until July.
Mr. Wittig stated that he had asked for an exemption from the State since they were a private club and after talking to several other Legion’s they were told that when it was signed then the rules went away and they did not have to wait until July 1st. Mayor Hlavachick commented that if they do it for one they would have to do it for all and he did not feel that they could make an exception. Mr. Wittig commented that they were not fighting for their rights and they were the veterans of the United States and they had done what they had to do. Mr. Wittig stated that they need money no matter what the amount.
Mayor Hlavachick asked if Mr. Wittig was asking for an exemption and money. Mr. Wittig stated that he would do the exemption when he got the papers. Commissioner Taylor asked what the utilities were at the Legion. Mr. Howard commented that he did not know. Mr. Wittig stated that they were high. Commissioner Graf asked if there was any way to hold their utilities until August and then they could make it up. Commissioner Taylor commented that he had no problem exempting them for a few months or making a donation. Commissioner Peltier asked what happens when everybody else comes in. Commissioner Taylor agreed that they could be opening up a Pandora’s box or say that this was someone who was really hurting and that this was a one-time two month effort to try and help them until the smoking ban was lifted.
Commissioner Peltier commented that he did not have anything against the veterans. Mr. Wittig commented that the Legion Riders were going to have a big 3rd of July event at the lake and they bring our soldiers home. Mayor Hlavachick questioned if they would cease to exist. Mr. Wittig stated that was correct.
Mr. Howard suggested that if we want to work on their utilities, instead of holding it until August and making it hard for them to get out of the hole, give them a dollar amount or forgive the bill. Mayor Hlavachick questioned if it would be for June and July. Mr. Wittig stated that would help. Commissioner Taylor stated that he would make that in the form of a motion. Commissioner Graf seconded the motion and it passed unanimously.
City Attorney Ken Van Blaricum addressed Mr. Wittig to inform him that the new law that goes into effect July 1st provides for a Class A or B club that had a license pursuant to the Statute, as of July 2009, would be exempt. Mr. Van Blaricum added that the club must notify the Secretary of Health and Environment in writing that they wish to continue and it had to be done ninety days after July 1st and if not, you cannot ask for smoking on the premises. Mr. Wittig stated that was what the paper was for.
Art museum:
Mr. Stan Reimer commented that the Filley Art Museum was going to move ahead. Mr. Reimer stated that the house had sold next to the library and should be moved by the end of next month. Mr. Reimer asked if the City could help with the clearing of the lot and filling in the basement after the house was moved. Mr. Reimer clarified that they were asking for services and not funds.
Mayor Hlavachick questioned if there was a time frame for this as it was a busy time for the staff. Mr. Reimer stated there was not. City Manager Howard commented that he had gotten an estimate today to remove the basement wall to below grade, fill it with dirt and grade it out. Mr. Howard stated that Bryan Simpson estimated that it would cost about $2,400. Commissioner Peltier asked if the facility was going to be in that spot. Mr. Reimer commented that it would go partially over that area. Mr. Howard stated that we would want to get another estimate to take the basement out if it was not going to be a parking lot. Mr. Reimer stated that the property went from the edge of the existing library to the street so, depending on the size of the building, part could be parking lot. Mr. Howard suggested that it would be best to remove the basement.
Commissioner Peltier questioned if funds from Economic Development could be used. Mr. Howard commented that they could be and possibly Travel and Tourism funds also. Mr. Reimer stated that this was a $1.1 million project and a great asset. Mr. Howard commented that he would forward Mr. Reimer’s letter with a formal request from the City Commission to the ED Board. Commissioner Taylor asked if we would do the work. Mr. Howard stated that to take the basement out would require an excavator, so it would have to be contracted out.
Commissioner Taylor asked when construction would start. Mr. Reimer stated he was not sure. Commissioner Taylor commented that maybe we should fill in with sand and then let the building contractor do the work later. Mr. Howard stated that was not a bad idea. Commissioner Taylor commented that they would want to do compaction tests. Commissioner Taylor added that it could be filled with sand. Mr. Howard commented that we could blade it out and make it look nice.
Tennis tournament:
Mr. Ted Woodson commented that he wanted to say thank you to the City for resurfacing the tennis courts before the tournament. Mr. Woodson pointed out that the restroom facilities had no trash cans, towels or paper towels so there were some negative comments that made the City look bad. Mr. Woodson stated that there was room for improvement and hopefully the resurfacing would be a draw for more tournaments. Mr. Howard stated that they had talked about this earlier and there was actually some confusion between the City and other agencies on what was to be done. Mr. Howard added that they would be bringing a policy to the Commission for them to review at a later date.
BUSINESS:
CONSIDERATION OF REQUEST FROM 2010 LEADERSHIP 2000 PLUS CLASS ON EVENTS AT LEMON’S PARK:
Ms. Ludi Egging and Ms. Laurie Kovach addressed the Commission concerning their class project. Ms. Egging commented that this was a group effort and it encompasses bringing Pratt together. Ms. Egging stated that they would be requesting a lot of time and effort from the City and sponsors. Mayor Hlavachick questioned if this was going to be an all day event. Ms. Egging stated that it was. Mayor Hlavachick asked if they would want traffic limited. Ms. Egging stated that they would since they would be using the asphalt for some events. Commissioner Taylor asked if some of the entrances could be blocked off. Ms. Egging stated that would help.
Commissioner Taylor questioned if they had enough volunteers for their events. Ms. Egging stated that each area was asking for volunteers to help and there were a lot of organizations involved. Mayor Hlavachick questioned if there would be people coming to sale funnel cakes and other things. Ms. Egging stated that they had not gotten that far.
Mr. Howard asked if the class was asking the City to do all the things listed on the back page of their information. Ms. Egging stated that they would like to know what the City would be able to help with. Recreation Director Bruce Pinkall stated that they do have access to porta-potties and a chalk dispenser. Ms. Egging commented that they wanted to be sure that this event did not conflict with other things that were scheduled for the City. Ms. Egging stated that they would like to use one of the fields for a pet talent show. Mr. Pinkall stated he did not think the fields would be a problem.
Commissioner Peltier asked if this was an afternoon event. Ms. Egging explained that they would start the morning with a 5K run starting out at Lemon’s Park to 6th Street to Country Club Road and end up back at Lemon’s Park. Ms. Egging commented that they would like to ask if the street could be closed. Commissioner Peltier asked if the park could be closed to traffic that day. Mr. Howard stated that you could. Ms. Kovach commented that they would like to have the parking lot for such things as the Lions Club train. Commissioner Peltier asked where people would park. Commissioner Graf asked if they could use the area where the soccer field was going to be. Mr. Howard stated that it could be. Ms. Egging also wanted to know if a small section of that could be used for mud volleyball. Mr. Howard asked if they wanted the City to dig the pit. Ms. Egging stated that if they do not want to, they could find someone to do it.
Commissioner Taylor commented that this would take coordinating with parks superintendent Mark Eckhoff and Mr. Pinkall. After more discussion on their requests, Mr. Pinkall explained that they had been given a golf cart and it was rigged with a seat on the back.
Ms. Egging stated that she knew that the City was not EMS, but wondered who to get hold of for that. Mr. Howard answered that they should talk to Mr. Mark McManaman. Ms. Egging then asked about recycling bins, but was not sure of how many. Mr. Howard suggested that it would be a good idea to set up a meeting with Mr. Eckhoff, Mr. Rambat, Mr. Pinkall, Mr. Hemphill and himself to discuss the events. Commissioner Taylor questioned if they had publicity for around town. Ms. Egging stated that they did.
Mr. Howard stated that there would also be an event by the Pilot Club that evening in Sixth Street Park. Ms. Egging commented that they would like to invite the Pilot Club to work together and be all inclusive. Ms. Egging stated that they were hoping that this would turn into an annual event and more groups would like to get involved. Mayor Hlavachick commented that he was all for getting the community together.
Ms. Egging asked if the City would have an intercom system that they could have access to. Mr. Pinkall stated that there was a PA system at both ball fields, but they were limited to their speaker ability. Mayor Hlavachick asked about the Christmas music. Mr. Pinkall stated that that system was in the big bird house.
Mayor Hlavachick asked about electrical drops. Ms. Egging stated that they would need a lot of electric since there were several that were going to need it. Commissioner Peltier commented that there were a lot of electrical drops for the Christmas lights. Mr. Howard stated that once the Miss Kansas events were over, they would begin working on this.
A motion by Commissioner Taylor to allow the Leadership 2000 Plus class to have the event on July 4th. The motion was seconded by Commissioner Graf and carried unanimously.
Ms. Egging requested an extension of the curfew due to a concert and dance, but questioned if that would be allowed in the park. After little discussion, Commissioner Peltier commented that they had the park for the day and details could be worked out later.
PRESENTATION OF DIVIDEND CHECK TO CITY OF PRATT:
Mr. Rich Sanders, Sanders Agency, introduced the City’s underwriter for EMC Insurance, Ms. Rita Knoblauch. Mr. Sanders commented that the insurance’s safety program was sponsored thru KMU and was available to all Cities that have less than 17,500 population. Mr. Sanders explained that this was a dividend paying program based on group experience. Mr. Sanders added that the program had paid out dividends twenty-four of the last twenty-five years ranging from 1% to 2% to 27.5%. Mr. Sanders commented that the dividend for this year was 12% and a check in the amount of $24,276 was presented to the Commission.
CONSIDERATION AND APPROVAL OF AMENDMENT TO THE 1-TON DUMP TRUCK PURCHASE FOR STREET DEPARTMENT:
Public Works Director Russell Rambat explained that there had been a problem with the approved bid for a truck for the street department. Mr. Rambat commented that there was a complication on the computer when there was a drain on the engine and it shuts the engine down. Mr. Rambat stated that Lanterman Motors contacted the manufacturer and they found another option. Mr. Rambat stated that they would install an electric driven hydraulic pump which puts the draw on the electrical system instead of the engine.
Mr. Rambat commented that since the last meeting, Recreation Director Bruce Pinkall had expressed interest in the old truck for the recreation department. Mr. Rambat stated that Lanterman Motors would accept the $700 instead of the trade-in of the flatbed truck. Mr. Rambat explained that with the new bed configuration, the City would save $1,151 and that included deducting the $700. Mr. Rambat stated that this change gave us what we were after and we would be spending less. A motion by Commissioner Peltier to accept the change. The motion was seconded by Commissioner Graf and carried unanimously.
CONSIDERATION AND APPROVAL OF RESOLUTION 051710 ANNEXING PROPERTY INTO CITY:
City Attorney Ken Van Blaricum commented that local residents Dave and Kim Howard had purchased property outside the city limits. Mr. Van Blaricum stated that they had petitioned for a portion of their property to be annexed into the City.
Mr. Van Blaricum explained that procedurally there is a resolution by the City Commission requesting the County Commission’s consideration of the annexation. Mr. Van Blaricum commented that the County Commission had thirty days to come back to the City with advice as to whether the proposed annexation would hinder the growth development of that area. Commissioner Peltier questioned if they were requesting all the property be annexed or just a portion. Mr. Van Blaricum answered that it was a portion of the property on Lake Road. Mr. Howard added that the property was approximately twelve acres and 3.8 acres was what you see from the road and that was what they wanted annexed with the remaining acreage being pasture. Mr. Howard commented that the requested area had been plated earlier.
Commissioner Graf questioned what the reason was for wanting to be annexed into the City. Mr. Howard stated that he wanted to live in the City and as a property owner, he had a right to do this and there were provisions in the Kansas laws. Commissioner Graf asked if he would be able to ask for sewer. Mr. Howard stated that he would not as this was a consent annexation and the City was not forcible trying to annex the property, so those services were not the responsibility of the City. Mr. Howard added that the property was currently under the City’s electric service and sanitation service. Commissioner Peltier asked if those services could be requested if there were new owners. Mr. Howard explained that they could not as this was a non-contiguous consent annexation.
Commissioner Peltier questioned fire protection for that property. Mr. Howard stated that he had talked to the County about that and he had no problem paying Township 12. Mr. Howard added that he would be actually paying property taxes that included City fire protection as well. Mr. Howard commented that the City fire department was responsible for fire protection at Wildlife and Parks already.
The following Resolution 051710 was then presented to the Commission for their approval: RESOLUTION REQUESTING THE BOARD OF COUNTY COMMISSIONERS OF PRATT COUNTY, KANSAS, TO MAKE CERTAIN FINDINGS REGARDING THE ANNEXATION OF PROPERTY. A motion by Commissioner Taylor to adopt Resolution 051710 requesting the Board of County Commissioners of Pratt, Kansas, to make certain findings regarding the annexation of the mentioned property. The motion was seconded by Commissioner Peltier. Commissioner Taylor added that Mr. Howard would also have to pay City property tax.
Commissioner Peltier questioned why this had to go to the County. Mr. Howard stated that it was because it was in the County. Mr. Howard explained that sometimes regulations were written when there was a request for territory to be annexed, but it can actually fall within the jurisdiction of two or three Cities. Mr. Howard added that one of the provisions is that it has to be in the County and that you cannot annex property from another County. Mr. Howard commented that the Statutes were not written with just Pratt in mind. Commissioner Peltier asked if we have to have the County’s approval on any land in the County we want to annex. Mr. Howard explained that you do not when you own the property that is contiguous, but there are many different procedures. Mr. Howard stated that he was the property owner and he was requesting the annexation.
A vote on the motion was taken and it passed with three approved and one no vote by Commissioner Graf. Commissioner Peltier asked why Commissioner Graf voted against the resolution to annex. Commissioner Graf stated that he thought he should annex all of it. Mr. Howard stated that he was requesting what he wants.
REPORTS:
City Manager:
• Merchants meeting:
City Manager Howard commented that there had been a meeting of the downtown merchants and it had gone very well. Mr. Howard stated that they had discussed the waterline and next year’s bigger construction. Mr. Howard commented that there were thirty-eight merchants that signed the sign in sheet, but he felt there were more that attended.
• Sunflower H2O Project:
Mr. Howard commented that he had attended a meeting last week on the Sunflower H2O project and they have appointed a board to study what type of entity should be formed to handle the business of bringing this about. Mr. Howard added that he was on that board and the next meeting was a week from this evening.
• KMU Conference:
Mr. Howard commented that he had attended the KMU Conference and there were meetings on the Safety Program. Mr. Howard stated that they had really ramped that program up to cover everything. Mr. Howard added that Mayor Hlavachick was missed.
• Elected Vice-President:
Mr. Howard stated that he was re-elected Vice-President of KMEA and they were in the process of hiring a general manager due to the retirement of the current one. Mr. Howard added that he was on that interview committee.
• Representative from Jerry Moran’s office:
Mr. Howard informed the Commission that a representative from Jerry Moran’s office would be in the office on May 24th at 8:30 to answer any questions.
Public Works:
• Swimming Pool:
Public Works Director Russell Rambat commented that the pool was up and running.
• Curb & Gutter:
Mr. Rambat stated that the curb and gutter project should start around the first of June.
• Miss Kansas week:
Mr. Rambat commented that the town was getting ready for Miss Kansas.
Electric Department:
• Compliment:
Director of Electric Utilities Kelly Hemphill commented that he had received a letter from Mr. Brandon Case that commended the Line Distribution for the prompt, kind and courteous way they had handled a wiring problem.
• Power Plant:
Mr. Hemphill commented that things at the power plant were moving along nicely.
Recreation Department:
• First tournament:
Recreation Director Bruce Pinkall commented that they had had their first tournament of the season last weekend with fifteen games.
• Pelican Sculpture:
Mr. Pinkall stated that the Commission had approved a plaque for the Pelican Sculpture at the library and he had a book written by Dorotha Giannangelo about the parks in Pratt that included a history of the sculpture. Mr. Pinkall gave the Commission copies of that book.
City Clerk/Utility Dept.:
• City/Co meeting:
City Clerk LuAnn Kramer reminded the Commission that the next meeting would begin with the joint meeting with the County at 11:00 a.m.
Mayor:
• Loren Barker:
Mayor Hlavachick questioned if things had been worked out with Mr. Loren Barker. Mr. Howard stated that it had been.
RECESS:
A motion by Commissioner Peltier to recess until June 7th at 11:00 a.m. for the joint meeting with the County. The motion was seconded by Commissioner Graf and carried unanimously.
____________________________________
BILL HLAVACHICK, Mayor
(SEAL)
ATTEST:
_____________________________________
LUANN KRAMER, City Clerk
MAY 17, 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
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
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 Skaggs.
Mayor Hlavachick reminded the staff and audience that this meeting may be taped and/or recorded.
MINUTES:
A motion by Commissioner Taylor to approve the minutes of the May 03, 2010 regular meeting. The motion was seconded by Commissioner Peltier and carried unanimously.
OPEN AGENDA:
American Legion:
• Leak:
Mr. Rick Wittig thanked Director of Electric Utilities Kelly Hemphill for cutting the trees at the American Legion that had been causing some electrical problems and also Public Works Director Russell Rambat for getting the mowing done.
Mr. Wittig addressed the Commission about a leak at the American Legion and it was a City building. Commissioner Taylor questioned if it was the City’s building or just the land. City Manager Howard commented that he thought it was building. Commissioner Peltier asked if they were on a long term lease. Mr. Howard stated that we would have to look at the agreement to see what it said. Commissioner Peltier commented that they wanted us to fix it if the building was the City’s. Mr. Wittig stated that was correct. Mayor Hlavachick stated that they would have to review it and get back to him. Mr. Wittig added that the leak was on the outside of the front porch. Commissioner Peltier commented that we would probably have to change the grade.
• Smoking issue:
Mr. Wittig questioned if a vote was taken on the smoking ban. Commissioner Taylor asked why they needed to take a vote. Mr. Wittig asked if they were all in agreement that they were not going to allow smoking. Mayor Hlavachick commented that he understood that the Commission would not make any exceptions to the already existing regulations and the Commission agreed. Commissioner Taylor commented that when the State law takes effect July 1st, then they would be under them and we would drop our ordinance.
Mr. Wittig commented that when this all started, they were almost broke and now they were there. Mr. Wittig stated that they made $23 last month with bills paid and they were about to close. Mr. Wittig commented that people have suggested bringing in a band to raise money, but no one wants to come if they cannot smoke. Mayor Hlavachick questioned if their membership was going under. Mr. Wittig commented that they had 120 members, but they did not come in regularly.
Mr. Wittig commented that his resolution would be to ask for funds to get by until July. Mr. Wittig suggested that $2,000 was what the City of Wichita had given their American Legion, because it would take longer than July to get members back. Mr. Wittig stated that they cannot operate and it all comes down to the smoking ban. Mr. Wittig added that they had survived when they had smoking upstairs and non-smoking downstairs, but when the no smoking was enforced they were done.
Commissioner Taylor asked if they had tried writing a letter to their members. Mr. Wittig commented that that was in progress. Mr. Wittig commented that they needed an ice machine, but they cannot afford it. Mr. Wittig added Woody’s and the Elk’s had been mentioned, but they serve food and the Legion does not except on special occasions. Mr. Wittig stated that donations were not enough and they needed funds to support the Legion until July.
Mr. Wittig stated that he had asked for an exemption from the State since they were a private club and after talking to several other Legion’s they were told that when it was signed then the rules went away and they did not have to wait until July 1st. Mayor Hlavachick commented that if they do it for one they would have to do it for all and he did not feel that they could make an exception. Mr. Wittig commented that they were not fighting for their rights and they were the veterans of the United States and they had done what they had to do. Mr. Wittig stated that they need money no matter what the amount.
Mayor Hlavachick asked if Mr. Wittig was asking for an exemption and money. Mr. Wittig stated that he would do the exemption when he got the papers. Commissioner Taylor asked what the utilities were at the Legion. Mr. Howard commented that he did not know. Mr. Wittig stated that they were high. Commissioner Graf asked if there was any way to hold their utilities until August and then they could make it up. Commissioner Taylor commented that he had no problem exempting them for a few months or making a donation. Commissioner Peltier asked what happens when everybody else comes in. Commissioner Taylor agreed that they could be opening up a Pandora’s box or say that this was someone who was really hurting and that this was a one-time two month effort to try and help them until the smoking ban was lifted.
Commissioner Peltier commented that he did not have anything against the veterans. Mr. Wittig commented that the Legion Riders were going to have a big 3rd of July event at the lake and they bring our soldiers home. Mayor Hlavachick questioned if they would cease to exist. Mr. Wittig stated that was correct.
Mr. Howard suggested that if we want to work on their utilities, instead of holding it until August and making it hard for them to get out of the hole, give them a dollar amount or forgive the bill. Mayor Hlavachick questioned if it would be for June and July. Mr. Wittig stated that would help. Commissioner Taylor stated that he would make that in the form of a motion. Commissioner Graf seconded the motion and it passed unanimously.
City Attorney Ken Van Blaricum addressed Mr. Wittig to inform him that the new law that goes into effect July 1st provides for a Class A or B club that had a license pursuant to the Statute, as of July 2009, would be exempt. Mr. Van Blaricum added that the club must notify the Secretary of Health and Environment in writing that they wish to continue and it had to be done ninety days after July 1st and if not, you cannot ask for smoking on the premises. Mr. Wittig stated that was what the paper was for.
Art museum:
Mr. Stan Reimer commented that the Filley Art Museum was going to move ahead. Mr. Reimer stated that the house had sold next to the library and should be moved by the end of next month. Mr. Reimer asked if the City could help with the clearing of the lot and filling in the basement after the house was moved. Mr. Reimer clarified that they were asking for services and not funds.
Mayor Hlavachick questioned if there was a time frame for this as it was a busy time for the staff. Mr. Reimer stated there was not. City Manager Howard commented that he had gotten an estimate today to remove the basement wall to below grade, fill it with dirt and grade it out. Mr. Howard stated that Bryan Simpson estimated that it would cost about $2,400. Commissioner Peltier asked if the facility was going to be in that spot. Mr. Reimer commented that it would go partially over that area. Mr. Howard stated that we would want to get another estimate to take the basement out if it was not going to be a parking lot. Mr. Reimer stated that the property went from the edge of the existing library to the street so, depending on the size of the building, part could be parking lot. Mr. Howard suggested that it would be best to remove the basement.
Commissioner Peltier questioned if funds from Economic Development could be used. Mr. Howard commented that they could be and possibly Travel and Tourism funds also. Mr. Reimer stated that this was a $1.1 million project and a great asset. Mr. Howard commented that he would forward Mr. Reimer’s letter with a formal request from the City Commission to the ED Board. Commissioner Taylor asked if we would do the work. Mr. Howard stated that to take the basement out would require an excavator, so it would have to be contracted out.
Commissioner Taylor asked when construction would start. Mr. Reimer stated he was not sure. Commissioner Taylor commented that maybe we should fill in with sand and then let the building contractor do the work later. Mr. Howard stated that was not a bad idea. Commissioner Taylor commented that they would want to do compaction tests. Commissioner Taylor added that it could be filled with sand. Mr. Howard commented that we could blade it out and make it look nice.
Tennis tournament:
Mr. Ted Woodson commented that he wanted to say thank you to the City for resurfacing the tennis courts before the tournament. Mr. Woodson pointed out that the restroom facilities had no trash cans, towels or paper towels so there were some negative comments that made the City look bad. Mr. Woodson stated that there was room for improvement and hopefully the resurfacing would be a draw for more tournaments. Mr. Howard stated that they had talked about this earlier and there was actually some confusion between the City and other agencies on what was to be done. Mr. Howard added that they would be bringing a policy to the Commission for them to review at a later date.
BUSINESS:
CONSIDERATION OF REQUEST FROM 2010 LEADERSHIP 2000 PLUS CLASS ON EVENTS AT LEMON’S PARK:
Ms. Ludi Egging and Ms. Laurie Kovach addressed the Commission concerning their class project. Ms. Egging commented that this was a group effort and it encompasses bringing Pratt together. Ms. Egging stated that they would be requesting a lot of time and effort from the City and sponsors. Mayor Hlavachick questioned if this was going to be an all day event. Ms. Egging stated that it was. Mayor Hlavachick asked if they would want traffic limited. Ms. Egging stated that they would since they would be using the asphalt for some events. Commissioner Taylor asked if some of the entrances could be blocked off. Ms. Egging stated that would help.
Commissioner Taylor questioned if they had enough volunteers for their events. Ms. Egging stated that each area was asking for volunteers to help and there were a lot of organizations involved. Mayor Hlavachick questioned if there would be people coming to sale funnel cakes and other things. Ms. Egging stated that they had not gotten that far.
Mr. Howard asked if the class was asking the City to do all the things listed on the back page of their information. Ms. Egging stated that they would like to know what the City would be able to help with. Recreation Director Bruce Pinkall stated that they do have access to porta-potties and a chalk dispenser. Ms. Egging commented that they wanted to be sure that this event did not conflict with other things that were scheduled for the City. Ms. Egging stated that they would like to use one of the fields for a pet talent show. Mr. Pinkall stated he did not think the fields would be a problem.
Commissioner Peltier asked if this was an afternoon event. Ms. Egging explained that they would start the morning with a 5K run starting out at Lemon’s Park to 6th Street to Country Club Road and end up back at Lemon’s Park. Ms. Egging commented that they would like to ask if the street could be closed. Commissioner Peltier asked if the park could be closed to traffic that day. Mr. Howard stated that you could. Ms. Kovach commented that they would like to have the parking lot for such things as the Lions Club train. Commissioner Peltier asked where people would park. Commissioner Graf asked if they could use the area where the soccer field was going to be. Mr. Howard stated that it could be. Ms. Egging also wanted to know if a small section of that could be used for mud volleyball. Mr. Howard asked if they wanted the City to dig the pit. Ms. Egging stated that if they do not want to, they could find someone to do it.
Commissioner Taylor commented that this would take coordinating with parks superintendent Mark Eckhoff and Mr. Pinkall. After more discussion on their requests, Mr. Pinkall explained that they had been given a golf cart and it was rigged with a seat on the back.
Ms. Egging stated that she knew that the City was not EMS, but wondered who to get hold of for that. Mr. Howard answered that they should talk to Mr. Mark McManaman. Ms. Egging then asked about recycling bins, but was not sure of how many. Mr. Howard suggested that it would be a good idea to set up a meeting with Mr. Eckhoff, Mr. Rambat, Mr. Pinkall, Mr. Hemphill and himself to discuss the events. Commissioner Taylor questioned if they had publicity for around town. Ms. Egging stated that they did.
Mr. Howard stated that there would also be an event by the Pilot Club that evening in Sixth Street Park. Ms. Egging commented that they would like to invite the Pilot Club to work together and be all inclusive. Ms. Egging stated that they were hoping that this would turn into an annual event and more groups would like to get involved. Mayor Hlavachick commented that he was all for getting the community together.
Ms. Egging asked if the City would have an intercom system that they could have access to. Mr. Pinkall stated that there was a PA system at both ball fields, but they were limited to their speaker ability. Mayor Hlavachick asked about the Christmas music. Mr. Pinkall stated that that system was in the big bird house.
Mayor Hlavachick asked about electrical drops. Ms. Egging stated that they would need a lot of electric since there were several that were going to need it. Commissioner Peltier commented that there were a lot of electrical drops for the Christmas lights. Mr. Howard stated that once the Miss Kansas events were over, they would begin working on this.
A motion by Commissioner Taylor to allow the Leadership 2000 Plus class to have the event on July 4th. The motion was seconded by Commissioner Graf and carried unanimously.
Ms. Egging requested an extension of the curfew due to a concert and dance, but questioned if that would be allowed in the park. After little discussion, Commissioner Peltier commented that they had the park for the day and details could be worked out later.
PRESENTATION OF DIVIDEND CHECK TO CITY OF PRATT:
Mr. Rich Sanders, Sanders Agency, introduced the City’s underwriter for EMC Insurance, Ms. Rita Knoblauch. Mr. Sanders commented that the insurance’s safety program was sponsored thru KMU and was available to all Cities that have less than 17,500 population. Mr. Sanders explained that this was a dividend paying program based on group experience. Mr. Sanders added that the program had paid out dividends twenty-four of the last twenty-five years ranging from 1% to 2% to 27.5%. Mr. Sanders commented that the dividend for this year was 12% and a check in the amount of $24,276 was presented to the Commission.
CONSIDERATION AND APPROVAL OF AMENDMENT TO THE 1-TON DUMP TRUCK PURCHASE FOR STREET DEPARTMENT:
Public Works Director Russell Rambat explained that there had been a problem with the approved bid for a truck for the street department. Mr. Rambat commented that there was a complication on the computer when there was a drain on the engine and it shuts the engine down. Mr. Rambat stated that Lanterman Motors contacted the manufacturer and they found another option. Mr. Rambat stated that they would install an electric driven hydraulic pump which puts the draw on the electrical system instead of the engine.
Mr. Rambat commented that since the last meeting, Recreation Director Bruce Pinkall had expressed interest in the old truck for the recreation department. Mr. Rambat stated that Lanterman Motors would accept the $700 instead of the trade-in of the flatbed truck. Mr. Rambat explained that with the new bed configuration, the City would save $1,151 and that included deducting the $700. Mr. Rambat stated that this change gave us what we were after and we would be spending less. A motion by Commissioner Peltier to accept the change. The motion was seconded by Commissioner Graf and carried unanimously.
CONSIDERATION AND APPROVAL OF RESOLUTION 051710 ANNEXING PROPERTY INTO CITY:
City Attorney Ken Van Blaricum commented that local residents Dave and Kim Howard had purchased property outside the city limits. Mr. Van Blaricum stated that they had petitioned for a portion of their property to be annexed into the City.
Mr. Van Blaricum explained that procedurally there is a resolution by the City Commission requesting the County Commission’s consideration of the annexation. Mr. Van Blaricum commented that the County Commission had thirty days to come back to the City with advice as to whether the proposed annexation would hinder the growth development of that area. Commissioner Peltier questioned if they were requesting all the property be annexed or just a portion. Mr. Van Blaricum answered that it was a portion of the property on Lake Road. Mr. Howard added that the property was approximately twelve acres and 3.8 acres was what you see from the road and that was what they wanted annexed with the remaining acreage being pasture. Mr. Howard commented that the requested area had been plated earlier.
Commissioner Graf questioned what the reason was for wanting to be annexed into the City. Mr. Howard stated that he wanted to live in the City and as a property owner, he had a right to do this and there were provisions in the Kansas laws. Commissioner Graf asked if he would be able to ask for sewer. Mr. Howard stated that he would not as this was a consent annexation and the City was not forcible trying to annex the property, so those services were not the responsibility of the City. Mr. Howard added that the property was currently under the City’s electric service and sanitation service. Commissioner Peltier asked if those services could be requested if there were new owners. Mr. Howard explained that they could not as this was a non-contiguous consent annexation.
Commissioner Peltier questioned fire protection for that property. Mr. Howard stated that he had talked to the County about that and he had no problem paying Township 12. Mr. Howard added that he would be actually paying property taxes that included City fire protection as well. Mr. Howard commented that the City fire department was responsible for fire protection at Wildlife and Parks already.
The following Resolution 051710 was then presented to the Commission for their approval: RESOLUTION REQUESTING THE BOARD OF COUNTY COMMISSIONERS OF PRATT COUNTY, KANSAS, TO MAKE CERTAIN FINDINGS REGARDING THE ANNEXATION OF PROPERTY. A motion by Commissioner Taylor to adopt Resolution 051710 requesting the Board of County Commissioners of Pratt, Kansas, to make certain findings regarding the annexation of the mentioned property. The motion was seconded by Commissioner Peltier. Commissioner Taylor added that Mr. Howard would also have to pay City property tax.
Commissioner Peltier questioned why this had to go to the County. Mr. Howard stated that it was because it was in the County. Mr. Howard explained that sometimes regulations were written when there was a request for territory to be annexed, but it can actually fall within the jurisdiction of two or three Cities. Mr. Howard added that one of the provisions is that it has to be in the County and that you cannot annex property from another County. Mr. Howard commented that the Statutes were not written with just Pratt in mind. Commissioner Peltier asked if we have to have the County’s approval on any land in the County we want to annex. Mr. Howard explained that you do not when you own the property that is contiguous, but there are many different procedures. Mr. Howard stated that he was the property owner and he was requesting the annexation.
A vote on the motion was taken and it passed with three approved and one no vote by Commissioner Graf. Commissioner Peltier asked why Commissioner Graf voted against the resolution to annex. Commissioner Graf stated that he thought he should annex all of it. Mr. Howard stated that he was requesting what he wants.
REPORTS:
City Manager:
• Merchants meeting:
City Manager Howard commented that there had been a meeting of the downtown merchants and it had gone very well. Mr. Howard stated that they had discussed the waterline and next year’s bigger construction. Mr. Howard commented that there were thirty-eight merchants that signed the sign in sheet, but he felt there were more that attended.
• Sunflower H2O Project:
Mr. Howard commented that he had attended a meeting last week on the Sunflower H2O project and they have appointed a board to study what type of entity should be formed to handle the business of bringing this about. Mr. Howard added that he was on that board and the next meeting was a week from this evening.
• KMU Conference:
Mr. Howard commented that he had attended the KMU Conference and there were meetings on the Safety Program. Mr. Howard stated that they had really ramped that program up to cover everything. Mr. Howard added that Mayor Hlavachick was missed.
• Elected Vice-President:
Mr. Howard stated that he was re-elected Vice-President of KMEA and they were in the process of hiring a general manager due to the retirement of the current one. Mr. Howard added that he was on that interview committee.
• Representative from Jerry Moran’s office:
Mr. Howard informed the Commission that a representative from Jerry Moran’s office would be in the office on May 24th at 8:30 to answer any questions.
Public Works:
• Swimming Pool:
Public Works Director Russell Rambat commented that the pool was up and running.
• Curb & Gutter:
Mr. Rambat stated that the curb and gutter project should start around the first of June.
• Miss Kansas week:
Mr. Rambat commented that the town was getting ready for Miss Kansas.
Electric Department:
• Compliment:
Director of Electric Utilities Kelly Hemphill commented that he had received a letter from Mr. Brandon Case that commended the Line Distribution for the prompt, kind and courteous way they had handled a wiring problem.
• Power Plant:
Mr. Hemphill commented that things at the power plant were moving along nicely.
Recreation Department:
• First tournament:
Recreation Director Bruce Pinkall commented that they had had their first tournament of the season last weekend with fifteen games.
• Pelican Sculpture:
Mr. Pinkall stated that the Commission had approved a plaque for the Pelican Sculpture at the library and he had a book written by Dorotha Giannangelo about the parks in Pratt that included a history of the sculpture. Mr. Pinkall gave the Commission copies of that book.
City Clerk/Utility Dept.:
• City/Co meeting:
City Clerk LuAnn Kramer reminded the Commission that the next meeting would begin with the joint meeting with the County at 11:00 a.m.
Mayor:
• Loren Barker:
Mayor Hlavachick questioned if things had been worked out with Mr. Loren Barker. Mr. Howard stated that it had been.
RECESS:
A motion by Commissioner Peltier to recess until June 7th at 11:00 a.m. for the joint meeting with the County. The motion was seconded by Commissioner Graf and carried unanimously.
____________________________________
BILL HLAVACHICK, Mayor
(SEAL)
ATTEST:
_____________________________________
LUANN KRAMER, City Clerk
Thursday, June 3, 2010
06/07/10-City Commission Agendas
MONDAY
JUNE 07, 2010
PRATT CITY COMMISSION – RECESSED COMMISSION MEETING
COMMISSION ROOM – 11:00 A.M.
1. CALL RECESSED MEETING TO ORDER
2. ROLL CALL
3. BUSINESS:
5.1 Discussion on New Highway Plan – City and County Commission; Staff
5.2 General Discussion on City/County Issues – Commissioners
4. ADJOURN
MONDAY
JUNE 07, 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 17, 2010 Regular Commission meeting
4. OPEN AGENDA
5. BUSINESS:
5.1 Certification of May 25, 2010 City of Pratt Special Election Concerning Maple Street Construction – LuAnn Kramer, City Clerk
5.2 Discussion on Parade Route on July 3rd for Thunder on the Prairie – City Staff; George Stevens
5.3 Consideration and Approval of Bids for Audit Services for years ending December 2010, 2011 & 2012 – Diana Garten, Finance Director
5.4 Consideration and Approval of Fund Request for Blythe Foundation – Zack Deeds
5.5 Consideration and Approval of Resolution 060710 Setting a Hearing Date of July 19, 2010 for Unsafe or Dangerous Structure – Ken Van Blaricum, City Attorney; Brad Blankenship, Building Inspector
5.6 Consideration and Approval of the Sale of City Property at 115 N Pine – Ken Van Blaricum, City Attorney
5.7 Consideration and Approval of the Sale of the Used Sanitation Truck – Russell Rambat, Public Works Director
5.8 Consideration and Approval of Request for a ‘Frog Hop…run, walk’ in Lemon’s Park on October 2, 2010 – 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
JUNE 07, 2010
PRATT CITY COMMISSION – RECESSED COMMISSION MEETING
COMMISSION ROOM – 11:00 A.M.
1. CALL RECESSED MEETING TO ORDER
2. ROLL CALL
3. BUSINESS:
5.1 Discussion on New Highway Plan – City and County Commission; Staff
5.2 General Discussion on City/County Issues – Commissioners
4. ADJOURN
MONDAY
JUNE 07, 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 17, 2010 Regular Commission meeting
4. OPEN AGENDA
5. BUSINESS:
5.1 Certification of May 25, 2010 City of Pratt Special Election Concerning Maple Street Construction – LuAnn Kramer, City Clerk
5.2 Discussion on Parade Route on July 3rd for Thunder on the Prairie – City Staff; George Stevens
5.3 Consideration and Approval of Bids for Audit Services for years ending December 2010, 2011 & 2012 – Diana Garten, Finance Director
5.4 Consideration and Approval of Fund Request for Blythe Foundation – Zack Deeds
5.5 Consideration and Approval of Resolution 060710 Setting a Hearing Date of July 19, 2010 for Unsafe or Dangerous Structure – Ken Van Blaricum, City Attorney; Brad Blankenship, Building Inspector
5.6 Consideration and Approval of the Sale of City Property at 115 N Pine – Ken Van Blaricum, City Attorney
5.7 Consideration and Approval of the Sale of the Used Sanitation Truck – Russell Rambat, Public Works Director
5.8 Consideration and Approval of Request for a ‘Frog Hop…run, walk’ in Lemon’s Park on October 2, 2010 – 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
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