Thursday, December 29, 2011

1/03/2012-City Commission Meeting Agenda

TUESDAY

JANUARY 03, 2012

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. INVOCATION & PLEDGE OF ALLEGIANCE

4. MINUTES – December 19, 2011 Regular City Commission meeting

5. OPEN AGENDA – 1 (City Matters Only) (3 Minute Time Limit)

6. BUSINESS:

6.1 Consideration and Approval of Plat for the Sycamore Commercial Park – Dave Howard, City Manager

6.2 Consideration and Approval of Humane Society Agreement – Ken Van Blaricum, City Attorney

6.3 Discussion on Fire Truck Purchase – David Kramer, Fire Chief

6.4 Discussion on the Utility and Road Construction Cost Associated with the Sandy Creek Addition – Dave Howard, City Manager

7. OPEN AGENDA – 2 (City Matters Only) (3 Minute Time Limit)

8. REPORTS

8.1 City Manager
8.2 City Attorney
8.3 Department Heads
8.4 Mayor
8.5 City Commission

9. ADJOURN

Tuesday, December 20, 2011

12/05/2011-Approved City Commission Meeting Minutes

MONDAY

DECEMBER 05, 2011

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

PRESENT: Jeff Taylor Mayor
Bill Hlavachick Commissioner
Victor Graf Commissioner
Gary Skaggs Commissioner
Karen Detwiler Commissioner

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

CALL TO ORDER:

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

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

INVOCATION AND PLEDGE OF ALLEGIANCE:

Mayor Taylor led the staff and audience in the invocation and Pledge of Allegiance.

MINUTES:

A motion by Commissioner Hlavachick to approve the minutes of the November 21, 2011 regular Commission meeting. The motion was seconded by Commissioner Graf and carried unanimously.

OPEN AGENDA – 1:

• Matei’s comments concerning Judge Schmisseur:

Mr. Luca Matei addressed the Commission concerning Judge Schmisseur and that he was going to retire. Mr. Matei stated that Judge Schmisseur had made mistakes and it was something that should be taken seriously. Mayor Taylor questioned if this pertained to City business. Mayor Taylor added that Judge Schmisseur was not appointed by the City Commission. Mr. Matei stated that he serves the community and falsely accuses people and the Judge was forced to retire. Mr. Matei added that justice should be first and there should be funds for that service. Mayor Taylor commented that Mr. Matei should check with the County Commissioners and he questioned what this had to do with City matters.

Mr. Matei commented that many Counties sell alcohol seven days a week and they make more money. Mr. Matei added that if you do not give it to people, they think it is forbidden and he proposed passing an ordinance to be able to serve alcohol on Sunday.

BUSINESS:

DISCUSSION ON ADDING CHRISTMAS LIGHTS THROUGH SIXTH STREET PARK:

Ms. Deb Goyen commented to the Commission that she had always said that she would never expand the Christmas lights into Sixth Street Park, but there was a need for something different. Ms. Goyen stated that there was a 12 days of Christmas display that was 6 to 8 feet tall and she envisioned people leaving Lemon’s Park and going through Sixth Street Park. Ms. Goyen stated that enough people have asked, so she thought she would let the City decide. Ms. Goyen explained that, after December, everything was half price. Ms. Goyen added that there were no LED lights in the park because of the expense. Mayor Taylor commented that LED lights use less energy, but questioned their life span. Ms. Goyen stated that they last longer.

Ms. Goyen commented that this was a major purchase and that we would also need to expand the storage shed. City Manager Dave Howard stated that there was time involved by City employees for putting up and taking down the lines and they would want to put the electric at Sixth Street Park in correctly when they see what the plan is. Ms. Goyen stated that this would bring more people to town, but involves more electricity and more storage. Ms. Goyen added that the Tourism Board had the funding.

Commissioner Skaggs commented that Ms. Goyen had done quite a job. Ms. Goyen stated that she had tried to run this through the Chamber of Commerce, but that did not work, so she relies on a small handful of people in clubs. Ms. Goyen added that the City had taken over more responsibility in the last few years. Mayor Taylor questioned what the cost for the city would be to do the boxes and buried cables. Mr. Howard commented that he would check on the expenses and would also have the expense of extending the building.

Ms. Goyen stated that Kessler Construction had put the building up ten years ago with money left over from the Sampler Festival and the City and County had pitched in also. Ms. Goyen stated that there was hardly any workspace in the shed with the decorations that they have now. Commissioner Graf commented that the gates to Lemon’s Park could be shut and there was still vandalism, so he was concerned about Sixth Street Park being open. Ms. Goyen stated that they still come through the back of Sixth Street Park into Lemon’s Park and you cannot be there all the time. Ms. Goyen stated that there had not been much damage in the last four or five years, but it was something that needed to be considered.

Ms. Goyen stated that the shed was completely full and the Dragon had to be left outside. Ms. Goyen explained that the community service kids start on September 1 and test every light bulb. Commissioner Skaggs questioned how large the existing building was. Public Works Director Russell Rambat stated that it was a 60 X 30. Mayor Taylor questioned if all the decorations were stored there. Director of Electric Utilities Kelly Hemphill stated that there were some in another building downtown. Commissioner Skaggs questioned how much of this money would come from tourism or the general fund. Mr. Howard stated that it could all come from Tourism. Commissioner Skaggs questioned if that was the building also. Mr. Howard stated that it could be.

Commissioner Skaggs asked Ms. Goyen if she had any idea how many out-of-town cars come through Lemon’s Park. Ms. Goyen stated that every other car was out of the County when they were there the other day. Mr. Skaggs questioned if Tourism advertised the display. Ms. Goyen stated that they use television and radio stations and the newspaper to advertise. Commissioner Skaggs asked how much they receipt in through the drop box in the park. Ms. Goyen stated that they take in anywhere from $1000-$2000 from the box. Ms. Goyen explained that she has not had to knock on doors for funding, but they do receive good community support. Commissioner Hlavachick commented that he had no problem using Tourism dollars to expand this project. Ms. Goyen commented that she would need more people to tackle the 12 days of Christmas. Commissioner Skaggs questioned if there were other projects that would deplete Tourism funds. Finance Director Diana Garten commented that they have $300,000 in reserves and they bring money back in all the time.

Mr. Howard stated that they would get an estimate for the shed and the electric work needed and bring it back to the Commission.

CONSIDERATION AND APPROVAL OF APPOINTMENT TO ED BOARD AND CHANGES TO TOURISM BOARD:

Chamber Director Jan Scarbrough informed the Commission that the ED Board would be having a vacancy with Mr. Kevin Hamm completing two terms and he was a City appointment. Ms. Scarbrough stated that the ED Board recommended Ms. Glenna Borho for Mr. Hamm's replacement, but they were open to any other considerations. After little discussion, Commissioner Hlavachick made a motion to appoint Ms. Borho to a three-year term on the ED Board. The motion was seconded by Commissioner Skaggs and passed unanimously.

Ms. Scarbrough explained to the Commission that there had been several people resign from the Tourism Board or feel that they cannot come to meetings, which causes issues of not having a quorum. Ms. Scarbrough stated that they have the minimum number of members according to the ordinance and the board would suggest staying at seven and see how that goes. Mayor Taylor questioned if the board was listed at nine or ten members. Ms. Scarbrough stated that there were ten or eleven members at one time. Finance Director Garten stated that the ordinance says that there has to be a minimum of seven members. Mayor Taylor commented that a quorum would be four. Ms. Scarbrough stated that was correct. Mayor Taylor commented that he had no problem with reducing the number of members. The Commissioners were all in agreement.

CONSIDERATION AND APPROVAL OF HOLIDAY LIGHTING CONTEST:

Ms. Scarbrough stated that the holiday lighting contest had gone on for a number of years and it had been judged by volunteers who drove around judging the homes that had registered. Ms. Scarbrough reminded the Commission that the dollar amount of the prices was taken off of their electric bill. Ms. Scarbrough commented that there were only ten entries last year, so the interest was going down, and she questioned whether the City wanted to continue to have it or rest a couple years and then revisit the contest. Commissioner Skaggs made a motion to let the contest rest a couple of years to let interest build back up. Commissioner Detwiler seconded the motion and it passed unanimously.

CONSIDERATION AND APPROVAL OF ESTIMATE FOR REPAIRS TO ENGINES:

Fire Chief David Kramer stated to the Commission that they were anxious to move along and resolve the issues with Engine 6 and he had included an estimate from Weis Equipment out of Salina for the repairs that would be needed. Chief Kramer added that they had been putting valve kits in the truck for the last three years and it was recommended that they be completely replaced, which would require additional funds. Chief Kramer explained that the pump repairs were estimated at $50,000, but it was realized that the labor to work on the tank would also allow them assess to the pump; therefore, the labor costs were decreased. Chief Kramer stated that the approximate cost to repair the tank was $36,975, plus the repairs to the additional parts for the pump transmission.

Chief Kramer stated that they had been looking at other used equipment and some brokers sell the truck for a department, but do not have it in their possession. Chief Kramer commented that, if you go above a 1997, the prices were around $100,000 for a pumper and older than a 1997 run between $50,000 and $99,000. Mayor Taylor questioned how many gallons per minute were needed to keep our current ISO rating. Chief Kramer stated that it was at least 500 gallons to get credit for the truck and additional for aerials. Chief Kramer added that the truck in Iuka was 300 gallons per minute. Mayor Taylor questioned if that was going into the ISO rating. Chief Kramer stated that it was not, but it was in the beginning. Chief Kramer explained that the required fire flow was figured by selecting the number of buildings in the community and a formula to determine the fire flow and ours was 3,000 back in 2000. Chief Kramer stated that this was a busy time of year, so they need to go forward.

Commissioner Skaggs commented that they had authorized the Chief to repair the older truck, but, with the revised estimates, it compares with used equipment. Mayor Taylor commented that he had received an email from Mr. Gary Sheets. The other Commissioners stated that they had also received an email from Mr. Sheets. Commissioner Skaggs questioned if Chief Kramer had visited with Mr. Sheets. Chief Kramer stated that he had not. Mayor Taylor commented that the reason they had decided to repair the truck over purchasing the ladder truck was due to the expense. Mayor Taylor added that the repairs to the pump added a lot to the costs and the cost of used equipment was available for about the price to repair the 1978. Mayor Taylor stated that he sees the need now to go out for bids or estimates from people and have Chief Kramer and Assistant Chief George Stevens in on the selection. Chief Kramer commented that brokers handling the sale of a truck for a department were not always able to tell you a lot about them or if they were certified. Chief Kramer added that some will fly you out to wherever they are to look at their equipment and there was a lot of different equipment out there.

Commissioner Skaggs commented that, with the economy the way it is, now was the time to buy. Chief Kramer commented that used equipment had gone up in cost, but new equipment had stayed about the same. Chief Kramer added that to get an engine like Engine 1 would cost about $300,000 and we had gotten it for $252,000 and that included the hoses and packs.

Commissioner Skaggs questioned if they needed to rescind their previous motion to repair the old truck and have the Chief go out to get estimates for used equipment. Commissioner Skaggs added that they were to look at a pumper and not a ladder truck. After little discussion, Commissioner Skaggs rescinded their motion to repair the older truck. Commissioner Detwiler seconded the motion and it carried unanimously. Commissioner Skaggs then made a motion to direct the Chief to present a listing of equipment that would meet the needs of a pumper vehicle for the department by the first meeting in January. Commissioner Detwiler added that it should not be higher than the repair costs. Commissioner Skaggs stated that was $50,000 and questioned how it would be financed. Finance Director Diana Garten stated that they could take the money from capital equipment reserves and, when they collect their one mill, they would put it back. Mayor Taylor suggested leaving it open and would not want to see them turn down a $60,000 truck if it met their requirements. Chief Kramer explained that there were different requirements in the 1990 trucks and there were increments in the 1980’s where they did not have to have automatic transmission or an enclosed cab. Commissioner Skaggs commented that that would be standards that were helpful and would help them know what they were looking for. The motion was seconded by Commissioner Graf. Commissioner Graf suggested that Chief Kramer get with Mr. Sheets and look at what he had, such as the ’87 closed cab truck. Commissioner Detwiler commented that it does meet the safety standards. Mayor Taylor added that Mr. Sheets was a former fire chief. After little more discussion, the motion passed unanimously.

CONSIDERATION AND APPROVAL OF THE 2012 CEREAL MALT BEVERAGE APPLICATIONS:

‘Acting’ Police Chief Gary Myers commented that there was a list of ten businesses that had filed a cereal malt beverage license application and had met the requirements of the code of the City of Pratt. ‘Acting’ Chief Myers stated that he would recommend the approval of the licensing of the cereal malt beverages for 2012. Commissioner Skaggs questioned why three had not returned their applications. ‘Acting’ Chief Myers stated that they had been sent several notices, but had not responded. A motion by Commissioner Hlavachick made a motion to grant the CMB licenses of those making application. The motion was seconded by Commissioner Skaggs and passed unanimously.

DISCUSSION ON THE COOPERATIVE AGREEMENT WITH SECRETARY OF SRS OF KANSAS:

City Attorney Ken Van Blaricum reminded the Commission that, in August, the SRS had announced that they would be closing the Pratt office and moving a lot of those functions to Great Bend. Mr. Van Blaricum added that that caused concern in the community and the Commission had met with Secretary Robert Siedlecki and SRS Director of Governmental Affairs Gary Hallmark after the City of Lawrence had negotiated an agreement to pay money for some of the expenses of the SRS in order to keep their office open for a couple of years. Mr. Van Blaricum continued stating that they had a Memorandum of Understanding drawn up and later formalized into a written contract. Mr. Van Blaricum stated that that was where we were now.

Mr. Van Blaricum stated that we had agreed to come up with $60,000 to pay the State to defray expenses in the Pratt office. Mr. Van Blaricum commented that we had signed a Memorandum of Understanding and he had received the formal contract template, which he had modified. Mr. Van Blaricum added that the question now was where the money would come from. Mayor Taylor stated that he saw a change that needed to be made and explained that the contract states that the payment starts January 2012, but the State’s calendar year was from June to May. Mayor Taylor added that we were told that, if we entered into the agreement, it would be paid on their calendar year.

Commissioner Skaggs commented that, according to Commissioner Hlavachick’s motion, we had agreed to do one year at a time and the contract appeared to obligate us to two years. Commissioner Skaggs added that, if we were not benefiting, we want to be able to terminate it. Mr. Van Blaricum explained that, at the bottom of page one, it states that if the City fails to comply with the temporary funding, the Secretary would have no continuing obligation and that means that if we do not come up with the money, we do not get to keep the office open. Commissioner Skaggs questioned if we had kept all nine jobs. Mayor Taylor stated that three of the employees had accepted the retirement package. City Manager Howard stated that he would get with Chamber Director Scarbrough and see how many jobs were left. Commissioner Skaggs questioned what the status of the ED money was. Mr. Howard stated that the City had ED money they could apply to this. Finance Director Garten stated that it would come out of the general fund. Commissioner Skaggs questioned if we have the $60,000. Ms. Garten stated that we did.

Commissioner Skaggs commented that there was a split vote on this issue before and questioned if they needed to approve this. Commissioner Hlavachick commented that there were potential changes and this was still a draft. Mr. Van Blaricum stated that they had already approved the concept and the question was how to finance it. Mr. Van Blaricum added that the agreement was based upon the money so, if it was not forth coming, it would not come to be.

The suggestion was made to talk about it with the ED Board and have it on the next agenda. Mayor Taylor commented that the funds will either come from ED or the City and ED. Mayor Taylor reminded Mr. Van Blaricum that he would like for him to contact Mr. Kevin Hamm concerning the calendar year.

OPEN AGENDA – 2:

• Radio station towers:

Mr. Luca Matei stated that the City radio stations need to meet standards. Mayor Taylor questioned if he was talking about KMMM. Mr. Matei stated that he was not sure, because he did not listen to music but news. Mr. Matei commented that the Pratt tower station did not meet minimal requirements and it was a technical issue.

REPORTS:

City Manager:

• Wildlife and Parks dinner:

City Manager Howard reminded the Commission that the Wildlife and Parks dinner was this week.

Public Works:

• Gate update:

Public Works Director Russell Rambat stated that they were waiting on a locate before they could finish the gate in Lemon’s Park. Mr. Rambat added that they would not lock the gate unless there were issues.

• Signage:

Mr. Rambat stated that signage on Fifth Street was in place, but they were short by one sign that was needed on the north side of Taylor Street.

Commissioner Hlavachick commented that he would like to see the ‘86’ers State win be put on the signs outside of town. Commissioner Skaggs questioned the signs about the City’s accolades be moved closer to the road, because they were hard to read at 65 mph. Mr. Rambat stated that the signs were fairly sizeable. Commissioner Skaggs commented that they were a waste of effort if nobody could read them.

• Lemon’s lights:

Commissioner Detwiler commented that the two lights in the park had been fixed and had brightened the area.

BUILDING INSPECTIONS:

• Address correction:

Building Inspector Brad Blankenship commented that the address for Hibbett Sports was 2010 and 2020, which was not what he had said at the last meeting.

Power Plant:

• End of year:

Power Plant Superintendent Ernie Smith commented that the Power Plant had been doing end of the year inventory and winding down and keeping expenses to a minimum.

Police Department:

• Cameras:

‘Acting’ Chief Myers commented that he was waiting to hear from the vendor concerning the in-car cameras and making arrangements for him to install them.

Finance Department:

• Sales tax:

Finance Director Garten stated that sales tax for November was up $11,473 from last year and this was based on September sales. Ms. Garten added that this was up approximately $111,000 for the year.

• Audit:

Ms. Garten stated that the audit team was here today doing preliminary work and to go over internal controls and processes. Ms. Garten commented that they would be back April 18th to do the regular audit.

• Stifel Nicolaus letter:

Ms. Garten stated that the letter from Stifel Nicolaus was self-explanatory and they were resigning from the agreement back in 1987 due to new stipulations by the Government.

Mayor:

• Rebuilding electrical line:

Mayor Taylor questioned if the rebuilding of the electrical line would affect us. Mr. Howard explained that this could affect Sunflower’s 115 west of the City, but he felt that this had more to do with wind generation. Mayor Taylor questioned if we would do any upgrading. Director of Electric Utilities Kelly Hemphill commented that we do not have to, but the City may have some costs with the fiber optic line replacement.

Commission:

• Advertisement sign:

Commissioner Graf commented that the advertisement sign at First Street and Main Street had been shut off. Commissioner Skaggs stated that the company was out of Hutchinson and it may not have been paying out, so they moved it somewhere else.


• Compost:

Commissioner Skaggs questioned when the cut off was for compost pick-up. Public Works Director Rambat stated that it was the week of Thanksgiving, but they were doing a leaf pick-up this week. Mr. Rambat explained that you can bag it up and they will pick it up on your compost day. Mayor Taylor questioned if they would pick-up the compost that day also. Mr. Rambat stated that he thought that they would. Pratt Tribune Editor Conrad Easterday stated that they had put something in the paper.

• Music volume:

Commissioner Detwiler questioned who controlled the volume of the music in the park. City Manager Howard stated that it was the Chamber. Commissioner Detwiler commented that it was loud and could be heard at her house.

• Lights in Lemon’s:

Commissioner Detwiler commented that the lights on the arch in Lemon’s Park would light up for about two seconds and then be off for a long time. Mr. Howard stated that he would have the electric department look at that tomorrow. Ms. Garten stated that it could be the computer set-up.

EXECUTIVE SESSIONS:

• Non-elective personnel:

Mayor Taylor made a motion to go into executive session for ten minutes for non-elective personnel. The motion was seconded by Commissioner Hlavachick and passed unanimously.

Upon proper motion, the Commission returned from executive session with nothing to report.

• Land acquisition:

Mayor Taylor made a motion to go into executive session to discuss land acquisition to last fifteen minutes. The motion was properly seconded and carried unanimously.

The Commissioner returned from executive session by proper motion with nothing to report.

ADJOURN:

The meeting was adjourned by proper motion.


_______________________________________
JEFF A. TAYLOR, Mayor





(SEAL)

ATTEST:


__________________________________
LUANN KRAMER, City Clerk

Friday, December 16, 2011

12/19/2011-City Commission Meeting Agenda

MONDAY

DECEMBER 19, 2011

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. INVOCATION & PLEDGE OF ALLEGIANCE

4. MINUTES – December 05, 2011 Regular City Commission meeting

5. OPEN AGENDA – 1 (City Matters Only) (3 Minute Time Limit)

6. BUSINESS:

6.1 Discussion on Net Metering Proposal – Robert Johnson, Representing BTI, Adams Electric & Plbg., Stanion Wholesale Electric, Pratt Feeders, and Doug Reh Chevrolet

6.2 Consideration and Approval of Humane Society Agreement – Ken Van Blaricum, City Attorney

6.3 Consideration and Approval of the Remaining 2012 Cereal Malt Beverage Applications – Gary Myers, ‘Acting’ Police Chief

6.4 Consideration and Approval of Tourism Board Re-appointments – Jan Scarbrough, Chamber Director

6.5 Consideration and Approval of Resolution 121911 Exempting the City from the Requirements of K.S.A. 75-1120 a(a) – Diana Garten, Finance Director; Ken Van Blaricum, City Attorney

6.6 Consideration and Approval of Ordinance 1110 Establishing Classification and Compensation for City of Pratt Employees – Ken Van Blaricum, City Attorney

6.7 Consideration and Approval of Resolution 121911A Defining the Boundaries of the City of Pratt – Ken Van Blaricum, City Attorney

7. OPEN AGENDA – 2 (City Matters Only) (3 Minute Time Limit)




8. REPORTS

8.1 City Manager
8.2 City Attorney
8.3 Department Heads
8.4 Mayor
8.5 City Commission

9. ADJOURN

Tuesday, December 6, 2011

11/21/11-Approved City Commission Meeting Minutes

MONDAY

NOVEMBER 21, 2011

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

PRESENT: Jeff Taylor Mayor
Bill Hlavachick Commissioner
Victor Graf Commissioner
Gary Skaggs Commissioner
Karen Detwiler Commissioner

ALSO PRESENT: Dave Howard City Manager
LuAnn Kramer City Clerk
Ken Van Blaricum City Attorney
Gary Myers ‘Acting’ Police Chief
Russell Rambat Public Works Director
Brad Blankenship Building Inspector
Kelly Hemphill Director of Electric Utilities
Bruce Pinkall Recreation Director

CALL TO ORDER:

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

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

INVOCATION AND PLEDGE OF ALLEGIANCE:

Mayor Taylor led the invocation and Pledge of Allegiance.

MINUTES:

A motion by Commissioner Graf to approve the minutes of the November 07, 2011 regular Commission meeting. The motion was seconded by Commissioner Hlavachick and the motion carried unanimously with one amendment noted.

OPEN AGENDA – 1:

• Thank you from Chamber and Tourism:

Chamber Director Jan Scarbrough thanked the Commissioners and City staff on behalf of the Chamber and Tourism Board for the help with the Old Fashioned Christmas event. Ms. Scarbrough added that they were great to work with.

BUSINESS:

CONSIDERATION AND APPROVAL OF BID TO REPLACE DAMAGED ROOF AT THE STREET DEPARTMENT:

Public Works Director Russell Rambat informed the Commission that he had recently gone out for bids to replace the damaged roof on the salt and sand structure at the street department. Mr. Rambat explained that the structure had been damaged in a wind storm and it had lifted the roof off of the concrete walls. Mr. Rambat stated that five bids have been returned and one of those was a decline to bid.

Mr. Rambat reviewed the bids with the Commission noting that Backyard Builders had submitted a bid of $12,881.50; Nystrom Enterprises bid $9,999; Flatwork Specialist bid $10,565; Arensdorf Construction bid $11,025.46 and AR Roofing had declined to bid. Mr. Rambat stated that the EMC adjuster had looked over the bids and was agreeable to go with the low bidder, which was his recommendation. Mr. Rambat added that Nystrom Enterprises was the low bidder and was his recommendation for the roof rebuild.

Commissioner Hlavachick made a motion to accept the bid from Nystrom Enterprises for $9,999 to replace the roof at the street department. The motion was seconded by Commissioner Skaggs and he questioned if there was a deductible. Mr. Rambat stated that there was none. Commissioner Detwiler questioned what the address of the street department was. Mr. Rambat stated that it was at Ninth Street and Jackson Street and the damaged roof was located on the east side. The motion was passed unanimously.

CONSIDERATION AND APPROVAL OF LEASE AGREEMENT WITH THE AMERICAN LEGION:

City Attorney Ken Van Blaricum informed the Commission that the American Legion lease was up at the end of the year and this lease was similar to last year. Mr. Van Blaricum stated that the American Legion leases the building for $20 a year and they are to keep it in good condition, maintain the property and liability insurance with the City being named as the additional insured. Commissioner Skaggs questioned what ‘not commit waste’ meant. Mr. Van Blaricum explained that it meant to let things go, such as holes in the roof and not taking care of it. Mr. Van Blaricum added that we were covered from every angle.

Mr. Van Blaricum pointed out that the building had to continue to be used as an American Legion and the City could examine it at any time as stated in the lease agreement. Mr. Van Blaricum commented that the City promises to let the American Legion take any fixtures or anything attached to the property when the lease expires. Commissioner Skaggs questioned if they pay the County property taxes. Mr. Van Blaricum stated that there were no taxes on that property and this was a good deal for the American Legion and the City. Commissioner Skaggs asked if anyone other than the property owner had keys. Building Inspector Brad Blankenship stated that no one did, but there were two gentlemen he could contact to open the building. Commissioner Skaggs questioned if we do the annual inspections. Mr. Blankenship stated that this was the first year that had been quiet and not done a ton of work. Mr. Blankenship explained that they had done electrical work in the spring and he had checked it out.

Commissioner Skaggs questioned who verifies the sanitary conditions. City Manager Dave Howard stated that we do. Commissioner Skaggs questioned how we could if there had not been any annual inspections done. Mr. Blankenship stated that he had definitely made annual inspections the last three years. Commissioner Graf questioned if the health inspector goes in there too. Mr. Blankenship stated not that he knew of. Commissioner Skaggs questioned if there was such a thing. Mr. Howard stated that there was a State health inspector. Mr. Blankenship added that the State inspector’s name for this area was Mr. Justin Goodno.

Commissioner Skaggs questioned what the amount of the liability coverage was. Mr. Van Blaricum stated that we could put in an amount. Mayor Taylor questioned if they ever present us with a copy of the insurance policy so that we know that they are insured. Mr. Van Blaricum stated that these are policies that they are supposed to have with the City as the additional insured, which entitles us to have a copy of that policy. Commissioner Skaggs questioned who they have their insurance with. Mr. Van Blaricum stated that it was through All Insurance. Mayor Taylor requested writing a letter to ask for a copy of the policy. Mr. Van Blaricum stated that we could do that. Commissioner Skaggs suggested that a copy of the policy be with the signed lease agreement. Mr. Van Blaricum agreed that that was a good idea.

Commissioner Skaggs made a motion to approve the lease agreement with the American Legion. The motion was seconded by Commissioner Detwiler and passed unanimously.

CONSIDERATION AND APPROVAL OF ORDINANCE 1109 ANNEXING LAND TO THE CITY OF PRATT:

Mr. Van Blaricum commented that this property had been in the news and this ordinance would annex it into the City of Pratt. Mr. Van Blaricum stated that the legal description was in the ordinance and there was a consent to annexation that had been signed by Sycamore Equity Partners. Mr. Van Blaricum added that this meets the statutory requirements and that is all that is required if this City wants to annex. Commissioner Detwiler questioned what the address would be. Building Inspector Blankenship stated that it was 1410 and 1420 East First Street, because Wal-Mart was 1401. Commissioner Skaggs commented that he was surprised there was such a difference in numbers. Mr. Blankenship explained that you have to leave a little room before and after when doing numbering, because there was room behind this area that someone could build on and the Post Office frowns when you use ‘A’, etc.

The following Ordinance 1109 was then presented to the Commission for their approval: AN ORDINANCE ANNEXING LAND TO THE CITY OF PRATT, KANSAS. A motion by Commissioner Graf to accept Ordinance 1109 to annex property into the City. The motion was seconded by Commissioner Hlavachick and carried unanimously.

OPEN AGENDA – 2:

No one in the audience wished to address the Commission.

REPORTS:

City Attorney:

• SRS Office:

Mr. Van Blaricum stated that he had a template for the contract for the agreement concerning our local SRS Office and he was ready to go forward with that. Mr. Van Blaricum commented that we needed to talk about funding and where the money would be coming from. Commissioner Hlavachick questioned if that amount was $60,000. Mr. Van Blaricum stated that was correct. Commissioner Skaggs questioned if the office had ever ceased operation. Mr. Van Blaricum stated that he did not think so, but they had modified their operations.

Commissioner Skaggs commented that he was not sure what they had on funding or if it was going to come from the general fund. City Manager Howard stated that they had not decided. Mr. Van Blaricum reminded the Commission that the County had declined to participate and, after meeting with the ED Board, the funding was left hanging. Commissioner Detwiler suggested having this on the next agenda and all were in agreement.

Public Works:

• 2014 Geo project:

Mr. Rambat informed the Commission that, the day before the last meeting, KDOT had informed him that we did not get the 2014 Geo project. Mr. Rambat stated that they encouraged us to apply again next year. Mr. Rambat commented that, with all the work done in the City through KDOT, they were trying to spread their money around, but they stated that this was a good project and we should not give up. Mr. Rambat stated that we have not received any word about the KLINK project yet and we might delay that so that we can tie into another project.

• Employee recognition:

Mr. Rambat recognized two water department employees who had taken the Competent Person For Trenching And Excavation Class. Mr. Rambat added that the employees were Mr. Lee Kendall and Mr. Kraig Roadhouse. Mr. Rambat commented that we like to keep our guys up on safety.

• Possible road grader purchase:

Mr. Rambat stated that Finance Director Diana Garten and he had filled out an application from Mr. Tim Branscom and, through Kansas Emergency Planning, we may have the opportunity to receive funding for a road grader and the City’s share would be twenty percent. Mr. Rambat claimed that this would be a valuable piece of equipment for snow removal for very little money. Commissioner Skaggs questioned if this was a new or used road grader. Mr. Rambat stated it was for a new one and they cost around $240,000 and this one would be fitted with a snow plow.

• Winter mode:

Mr. Rambat stated that the departments were settling into winter mode doing inside maintenance, working at the well houses and finishing out this year’s budget.

Electric Department:

• Power Plant:

Director of Electric Utilities Kelly Hemphill stated that the power plant has been working on the 4160 bus and digging out around the cooling tower.

• Line Distribution:

Mr. Hemphill commented that distribution was basically done with the Christmas decorations, but working on a few issues. Mr. Hemphill added that they would be doing maintenance the rest of the year.

Mayor:

• Fifth Street parking:

Mayor Taylor questioned if there had been any further consideration on parking on Fifth Street. Mr. Rambat stated that he had been looking on maps and, based on the amount of vehicles parked on Fifth Street in an aerial photo, there was room for about twenty-five vehicles on the north side between the Pedigo Building and Hamilton Street and an additional twelve between Hamilton Street and Taylor Street. Mr. Rambat explained that there would be some handicap ramps that were there previously and would have to be accounted for. Commissioner Skaggs questioned what hours the parking would be allowed. Mr. Rambat stated that it would be from 4:00 pm to 11:00 pm.

Commissioner Skaggs questioned if Mr. Rambat was sure about the number of parking spaces on the north side. Mr. Rambat stated that the block was longer between the Jackson Street and Hamilton Street since Iuka Street was not there anymore. After little more discussion, Commissioner Skaggs questioned if the signage would say parking during certain hours or no parking during certain hours. Commissioner Skaggs added that it was harder to tell people when to park then when not to. Mayor Taylor commented that the intent was to put event parking from 4:00 pm to 11:00 pm so that they would not be there overnight. Commissioner Hlavachick commented that he spends a lot of time there and they were in need for additional parking during basketball. Mr. Eric Nystrom suggested no parking from 8:00 am to 4:00 pm. Mayor Taylor stated that they did not want anyone parking there overnight and this was a snow route, so they wanted them to be gone at 11:00 pm. Mr. Rambat suggested event parking only from 4:00 pm to 11:00 pm. The suggestion was made to let City staff come up with proper wording on the signs and all were in agreement.

• Airport waterline:

Mayor Taylor questioned if we had heard anything about the pipeline going to the airport. City Manager Howard handed Mayor Taylor a note that stated that Mr. Reid Bell had talked to KDHE last week and they had taken another sample, but it would be another three weeks before we know anything. Mayor Taylor continued reading that they may have to do another sample, so Mr. Bell was thinking that it would be sometime after the first of the year for we hear anything.

Commission:

• Ditch on Haskell Street:

Commissioner Detwiler commented that the ditch on Haskell Street was looking worse and questioned if there was money to do part of it. Mr. Rambat stated that they had used a portion of that money to help with the sidewalk project on South Pine Street, but he would look into it. Mr. Rambat added that he would try to start the short section south of Sixth Street this summer.

• Timer at tennis courts:

Commissioner Detwiler questioned if there had been anything done about a timer at the tennis court. Mr. Hemphill stated that he was not sure which one that got put on, but he would go check on it. Recreation Director Bruce Pinkall stated that it was the southwest set of courts across from Parkwood Village and they were on sometimes during the day too.

• Street signs in Lemons burnt out:

Commissioner Detwiler commented that the little street lights in the walkway in Lemon’s Park by the shade garden and the next one towards the west were burnt out. Mr. Rambat stated that he would check on it.

ADJOURN:

A motion by Commissioner Skaggs to adjourn was seconded by Commissioner Graf. The motion passed unanimously.

_______________________________________
JEFF A. TAYLOR, Mayor


(SEAL)

ATTEST:

_______________________________
LUANN KRAMER, City Clerk

11/21/11-Approved City Commission Meeting Minutes

MONDAY

NOVEMBER 21, 2011

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

PRESENT: Jeff Taylor Mayor
Bill Hlavachick Commissioner
Victor Graf Commissioner
Gary Skaggs Commissioner
Karen Detwiler Commissioner

ALSO PRESENT: Dave Howard City Manager
LuAnn Kramer City Clerk
Ken Van Blaricum City Attorney
Gary Myers ‘Acting’ Police Chief
Russell Rambat Public Works Director
Brad Blankenship Building Inspector
Kelly Hemphill Director of Electric Utilities
Bruce Pinkall Recreation Director

CALL TO ORDER:

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

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

INVOCATION AND PLEDGE OF ALLEGIANCE:

Mayor Taylor led the invocation and Pledge of Allegiance.

MINUTES:

A motion by Commissioner Graf to approve the minutes of the November 07, 2011 regular Commission meeting. The motion was seconded by Commissioner Hlavachick and the motion carried unanimously with one amendment noted.

OPEN AGENDA – 1:

• Thank you from Chamber and Tourism:

Chamber Director Jan Scarbrough thanked the Commissioners and City staff on behalf of the Chamber and Tourism Board for the help with the Old Fashioned Christmas event. Ms. Scarbrough added that they were great to work with.

CONSIDERATION AND APPROVAL OF BID TO REPLACE DAMAGED ROOF AT THE STREET DEPARTMENT:

Public Works Director Russell Rambat informed the Commission that he had recently gone out for bids to replace the damaged roof on the salt and sand structure at the street department. Mr. Rambat explained that the structure had been damaged in a wind storm and it had lifted the roof off of the concrete walls. Mr. Rambat stated that five bids have been returned and one of those was a decline to bid.

Mr. Rambat reviewed the bids with the Commission noting that Backyard Builders had submitted a bid of $12,881.50; Nystrom Enterprises bid $9,999; Flatwork Specialist bid $10,565; Arensdorf Construction bid $11,025.46 and AR Roofing had declined to bid. Mr. Rambat stated that the EMC adjuster had looked over the bids and was agreeable to go with the low bidder, which was his recommendation. Mr. Rambat added that Nystrom Enterprises was the low bidder and was his recommendation for the roof rebuild.

Commissioner Hlavachick made a motion to accept the bid from Nystrom Enterprises for $9,999 to replace the roof at the street department. The motion was seconded by Commissioner Skaggs and he questioned if there was a deductible. Mr. Rambat stated that there was none. Commissioner Detwiler questioned what the address of the street department was. Mr. Rambat stated that it was at Ninth Street and Jackson Street and the damaged roof was located on the east side. The motion was passed unanimously.

CONSIDERATION AND APPROVAL OF LEASE AGREEMENT WITH THE AMERICAN LEGION:

City Attorney Ken Van Blaricum informed the Commission that the American Legion lease was up at the end of the year and this lease was similar to last year. Mr. Van Blaricum stated that the American Legion leases the building for $20 a year and they are to keep it in good condition, maintain the property and liability insurance with the City being named as the additional insured. Commissioner Skaggs questioned what ‘not commit waste’ meant. Mr. Van Blaricum explained that it meant to let things go, such as holes in the roof and not taking care of it. Mr. Van Blaricum added that we were covered from every angle.

Mr. Van Blaricum pointed out that the building had to continue to be used as an American Legion and the City could examine it at any time as stated in the lease agreement. Mr. Van Blaricum commented that the City promises to let the American Legion take any fixtures or anything attached to the property when the lease expires. Commissioner Skaggs questioned if they pay the County property taxes. Mr. Van Blaricum stated that there were no taxes on that property and this was a good deal for the American Legion and the City. Commissioner Skaggs asked if anyone other than the property owner had keys. Building Inspector Brad Blankenship stated that no one did, but there were two gentlemen he could contact to open the building. Commissioner Skaggs questioned if we do the annual inspections. Mr. Blankenship stated that this was the first year that had been quiet and not done a ton of work. Mr. Blankenship explained that they had done electrical work in the spring and he had checked it out.

Commissioner Skaggs questioned who verifies the sanitary conditions. City Manager Dave Howard stated that we do. Commissioner Skaggs questioned how we could if there had not been any annual inspections done. Mr. Blankenship stated that he had definitely made annual inspections the last three years. Commissioner Graf questioned if the health inspector goes in there too. Mr. Blankenship stated not that he knew of. Commissioner Skaggs questioned if there was such a thing. Mr. Howard stated that there was a State health inspector. Mr. Blankenship added that the State inspector’s name for this area was Mr. Justin Goodno.

Commissioner Skaggs questioned what the amount of the liability coverage was. Mr. Van Blaricum stated that we could put in an amount. Mayor Taylor questioned if they ever present us with a copy of the insurance policy so that we know that they are insured. Mr. Van Blaricum stated that these are policies that they are supposed to have with the City as the additional insured, which entitles us to have a copy of that policy. Commissioner Skaggs questioned who they have their insurance with. Mr. Van Blaricum stated that it was through All Insurance. Mayor Taylor requested writing a letter to ask for a copy of the policy. Mr. Van Blaricum stated that we could do that. Commissioner Skaggs suggested that a copy of the policy be with the signed lease agreement. Mr. Van Blaricum agreed that that was a good idea.

Commissioner Skaggs made a motion to approve the lease agreement with the American Legion. The motion was seconded by Commissioner Detwiler and passed unanimously.

CONSIDERATION AND APPROVAL OF ORDINANCE 1109 ANNEXING LAND TO THE CITY OF PRATT:

Mr. Van Blaricum commented that this property had been in the news and this ordinance would annex it into the City of Pratt. Mr. Van Blaricum stated that the legal description was in the ordinance and there was a consent to annexation that had been signed by Sycamore Equity Partners. Mr. Van Blaricum added that this meets the statutory requirements and that is all that is required if this City wants to annex. Commissioner Detwiler questioned what the address would be. Building Inspector Blankenship stated that it was 1410 and 1420 East First Street, because Wal-Mart was 1401. Commissioner Skaggs commented that he was surprised there was such a difference in numbers. Mr. Blankenship explained that you have to leave a little room before and after when doing numbering, because there was room behind this area that someone could build on and the Post Office frowns when you use ‘A’, etc.

The following Ordinance 1109 was then presented to the Commission for their approval: AN ORDINANCE ANNEXING LAND TO THE CITY OF PRATT, KANSAS. A motion by Commissioner Graf to accept Ordinance 1109 to annex property into the City. The motion was seconded by Commissioner Hlavachick and carried unanimously.

OPEN AGENDA – 2:

No one in the audience wished to address the Commission.

REPORTS:

City Attorney:

• SRS Office:

Mr. Van Blaricum stated that he had a template for the contract for the agreement concerning our local SRS Office and he was ready to go forward with that. Mr. Van Blaricum commented that we needed to talk about funding and where the money would be coming from. Commissioner Hlavachick questioned if that amount was $60,000. Mr. Van Blaricum stated that was correct. Commissioner Skaggs questioned if the office had ever ceased operation. Mr. Van Blaricum stated that he did not think so, but they had modified their operations.

Commissioner Skaggs commented that he was not sure what they had on funding or if it was going to come from the general fund. City Manager Howard stated that they had not decided. Mr. Van Blaricum reminded the Commission that the County had declined to participate and, after meeting with the ED Board, the funding was left hanging. Commissioner Detwiler suggested having this on the next agenda and all were in agreement.

Public Works:

• 2014 Geo project:

Mr. Rambat informed the Commission that, the day before the last meeting, KDOT had informed him that we did not get the 2014 Geo project. Mr. Rambat stated that they encouraged us to apply again next year. Mr. Rambat commented that, with all the work done in the City through KDOT, they were trying to spread their money around, but they stated that this was a good project and we should not give up. Mr. Rambat stated that we have not received any word about the KLINK project yet and we might delay that so that we can tie into another project.

• Employee recognition:

Mr. Rambat recognized two water department employees who had taken the Competent Person For Trenching And Excavation Class. Mr. Rambat added that the employees were Mr. Lee Kendall and Mr. Kraig Roadhouse. Mr. Rambat commented that we like to keep our guys up on safety.

• Possible road grader purchase:

Mr. Rambat stated that Finance Director Diana Garten and he had filled out an application from Mr. Tim Branscom and, through Kansas Emergency Planning, we may have the opportunity to receive funding for a road grader and the City’s share would be twenty percent. Mr. Rambat claimed that this would be a valuable piece of equipment for snow removal for very little money. Commissioner Skaggs questioned if this was a new or used road grader. Mr. Rambat stated it was for a new one and they cost around $240,000 and this one would be fitted with a snow plow.

• Winter mode:

Mr. Rambat stated that the departments were settling into winter mode doing inside maintenance, working at the well houses and finishing out this year’s budget.

Electric Department:

• Power Plant:

Director of Electric Utilities Kelly Hemphill stated that the power plant has been working on the 4160 bus and digging out around the cooling tower.

• Line Distribution:

Mr. Hemphill commented that distribution was basically done with the Christmas decorations, but working on a few issues. Mr. Hemphill added that they would be doing maintenance the rest of the year.

Mayor:

• Fifth Street parking:

Mayor Taylor questioned if there had been any further consideration on parking on Fifth Street. Mr. Rambat stated that he had been looking on maps and, based on the amount of vehicles parked on Fifth Street in an aerial photo, there was room for about twenty-five vehicles on the north side between the Pedigo Building and Hamilton Street and an additional twelve between Hamilton Street and Taylor Street. Mr. Rambat explained that there would be some handicap ramps that were there previously and would have to be accounted for. Commissioner Skaggs questioned what hours the parking would be allowed. Mr. Rambat stated that it would be from 4:00 pm to 11:00 pm.

Commissioner Skaggs questioned if Mr. Rambat was sure about the number of parking spaces on the north side. Mr. Rambat stated that the block was longer between the Jackson Street and Hamilton Street since Iuka Street was not there anymore. After little more discussion, Commissioner Skaggs questioned if the signage would say parking during certain hours or no parking during certain hours. Commissioner Skaggs added that it was harder to tell people when to park then when not to. Mayor Taylor commented that the intent was to put event parking from 4:00 pm to 11:00 pm so that they would not be there overnight. Commissioner Hlavachick commented that he spends a lot of time there and they were in need for additional parking during basketball. Mr. Eric Nystrom suggested no parking from 8:00 am to 4:00 pm. Mayor Taylor stated that they did not want anyone parking there overnight and this was a snow route, so they wanted them to be gone at 11:00 pm. Mr. Rambat suggested event parking only from 4:00 pm to 11:00 pm. The suggestion was made to let City staff come up with proper wording on the signs and all were in agreement.

• Airport waterline:

Mayor Taylor questioned if we had heard anything about the pipeline going to the airport. City Manager Howard handed Mayor Taylor a note that stated that Mr. Reid Bell had talked to KDHE last week and they had taken another sample, but it would be another three weeks before we know anything. Mayor Taylor continued reading that they may have to do another sample, so Mr. Bell was thinking that it would be sometime after the first of the year for we hear anything.

Commission:

• Ditch on Haskell Street:

Commissioner Detwiler commented that the ditch on Haskell Street was looking worse and questioned if there was money to do part of it. Mr. Rambat stated that they had used a portion of that money to help with the sidewalk project on South Pine Street, but he would look into it. Mr. Rambat added that he would try to start the short section south of Sixth Street this summer.

• Timer at tennis courts:

Commissioner Detwiler questioned if there had been anything done about a timer at the tennis court. Mr. Hemphill stated that he was not sure which one that got put on, but he would go check on it. Recreation Director Bruce Pinkall stated that it was the southwest set of courts across from Parkwood Village and they were on sometimes during the day too.

• Street signs in Lemons burnt out:

Commissioner Detwiler commented that the little street lights in the walkway in Lemon’s Park by the shade garden and the next one towards the west were burnt out. Mr. Rambat stated that he would check on it.

ADJOURN:

A motion by Commissioner Skaggs to adjourn was seconded by Commissioner Graf. The motion passed unanimously.

_______________________________________
JEFF A. TAYLOR, Mayor


(SEAL)

ATTEST:

_______________________________
LUANN KRAMER, City Clerk

Thursday, December 1, 2011

12/05/2011-City Commission Meeting Agenda

MONDAY
DECEMBER 05, 2011
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. INVOCATION & PLEDGE OF ALLEGIANCE

4. MINUTES – November 21, 2011 Regular City Commission meeting

5. OPEN AGENDA – 1 (City Matters Only) (3 Minute Time Limit)

6. BUSINESS:
6.1 Discussion on Adding Christmas Lights Through Sixth Street Park – Deb Goyen

6.2 Consideration and Approval of Appointment to ED Board & Changes to Tourism Board – Jan Scarbrough, Chamber Director

6.3 Consideration and Approval of Holiday Lighting Contest – Jan Scarbrough, Chamber Director

6.4 Consideration and Approval of Estimate for Repairs to Engine 6 – David Kramer, Fire Chief

6.5 Consideration and Approval of the 2012 Cereal Malt Beverage Applications – Gary Myers, ‘Acting’ Police Chief

6.6 Discussion on the Cooperative Agreement with Secretary of SRS of Kansas – Ken Van Blaricum, City Attorney

7. OPEN AGENDA – 2 (City Matters Only) (3 Minute Time Limit)

8. REPORTS
8.1 City Manager
8.2 City Attorney
8.3 Department Heads
8.4 Mayor
8.5 City Commission

9. ADJOURN

Tuesday, November 22, 2011

11/07/11-Approved City Commission Meeting Minutes

MONDAY

NOVEMBER 07, 2011

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

PRESENT: Jeff Taylor Mayor
Bill Hlavachick Commissioner
Victor Graf Commissioner
Gary Skaggs Commissioner
Karen Detwiler Commissioner

ALSO PRESENT: Dave Howard City Manager
LuAnn Kramer City Clerk
Ken Van Blaricum City Attorney
Diana Garten Finance Director
Gary Myers ‘Acting’ Police Chief
Brad Blankenship Building Inspector
Bruce Pinkall Recreation Director

CALL TO ORDER:

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

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

MINUTES:

A motion by Commissioner Hlavachick to approve the minutes of the October 17, 2011 regular Commission meeting. The motion was seconded by Commissioner Skaggs and the motion carried unanimously with one amendment noted.

OPEN AGENDA 1:

• Parking Spaces Blocked Off:

Chamber Director Jan Scarbrough requested that four parking spaces be blocked on the west side of the parking lot where Santa’s Workshop was going to be on November 19th so that people would be safer. Ms. Scarbrough added that they would only need to be blocked off from 3:00 p.m. to 6:00 p.m. A motion by Commissioner Hlavachick to allow parking spaces to be blocked off as specified on November 19th. The motion was seconded by Commissioner Detwiler and carried unanimously.

• Small Parade:

Ms. Scarbrough explained that the marching band usually marched Santa up to his workshop from the Court House, but, since the location had changed, they would like to bring him in at the beginning and have a short parade from Second Street to Fourth Street. City Manager Dave Howard commented that it would be like the homecoming parade where they do not close the street, but have the police manage traffic. A motion by Commissioner Hlavachick to allow the parade from Second Street to Fourth Street. The motion was seconded by Commissioner Skaggs and carried unanimously.

• Chamber dinner:

Ms. Scarbrough stated that the Chamber dinner was this Thursday at the Fair Grounds.

BUSINESS:

RECOGNITION OF EMPLOYEE’S YEARS OF SERVICE:

Mayor Taylor presented the City employees with their service awards. Fire Chief David Kramer recognized Assistant Chief George Stevens for being inducted into the National Guard Hall of Fame in Topeka on Sunday. Mayor Taylor read a proclamation stating that Thursday, November 10th would be ‘Retired CSM George E. Stevens Day’.

DISCUSSION ON COST ESTIMATE FOR POSSIBLE SIDEWALK PROJECT:

City Manager Howard commented that the Commission had received the estimated costs of the sidewalk project and there was some sticker shock. Mr. Howard stated that he would let Mr. Don Hellar from EBH Engineering explain the estimate.

Mr. Hellar commented that they had been asked to put sidewalks in from Sixth Street east to the Sports Complex, north around Wal-Mart and west to Subway. Mr. Hellar added that nothing was set in stone and this was just a starting point. Mr. Hellar pointed out, on the map provided, that they had made an addition just south of the sewer plant to go with the Fish and Game walking trail. Commissioner Skaggs questioned which side the sidewalks would be on Sixth Street. Mr. Hellar stated that they had looked at the south side, but the bridge comes into play; however, the north side would be easier with the exception of having to cross over at the Sports Complex, but they could make adjustments. Mr. Hellar also mentioned that the sidewalks were figured at six feet. Mr. Hellar then introduced Mr. Paul Stoner to discuss funding options.

Mr. Stoner stated that there were two funding options for a trail project and they were the Recreational Trail program through Wildlife and Parks or the Transportation Enhancement Project through KDOT. Mr. Stoner explained that both programs get their money from the federal highway administration, but until Congress passes a highway bill, they do not know how much money they will have to put into this type of project. Mr. Stoner stated that neither program pays for the design portion of the trail, which would be City money, but they both pay 80% of construction with the City paying the remaining 20%.

Mr. Stoner explained that KDOT focuses on getting from point A to point B, so they want a destination on both ends, but Wildlife and Parks would let you do a loop. Mr. Stoner commented that KDOT looks for a multi-use trail for bikes and walkers with a ten foot design wide standard. Mr. Stoner added that you could ask for an exception to an eight foot wide design and Wildlife and Parks would let you go down to a six foot wide frame. Mr. Stoner stated that we needed to look at what portion would work with the KDOT option and what would work with Wildlife and Parks. Mr. Stoner commented that Wildlife and Parks requires a five year master trail plan and that had to be submitted with the application in August. Mr. Stoner explained that we needed to look at what we were going to do now and then in the future. Mr. Stoner stated that KDOT accepts applications in December and only every other year. Mr. Stoner explained that this was to be a grant year, but no funding was set up, so they would hopefully take applications next year. City Manager Howard questioned if we could use the part we would fund with KDOT as part of the five year master plan from Wildlife and Parks. Mr. Stoner stated that you could and that would be a City document and not something that you would prepare for Wildlife and Parks. Mr. Stoner explained that the City document would give us something to look at five years down the road along with focusing on the projects that we have in mind. Mr. Howard stated that this could address the bike path that Commissioner Hlavachick had discussed in the past, but he suggested that they develop the five year plan with phases and not do anything until next year.

Mayor Taylor questioned if it could continue south on Fincham Street if we decided to start on First Street. Mr. Howard stated that there was a road utilized by the recreation department and there was a railroad that would have to be crossed, but that was a short line and easier to deal with. Mr. Howard added that we might be able to start at both ends depending on the funding and how we work it. Commissioner Hlavachick encouraged EBH Engineering to consider ten foot wide sidewalks, which would be contingent with the five year plan. Mr. Howard stated that it had been incorporated into this somewhat and, if done in three phases, we could add another phase somewhere else in the City until we do not need it any more.

Mr. Stoner commented that they have to look at ADA accessibility issues, such as ramps and maximum grade and a cross slope on the trail that cannot exceed ¼” per foot. Mr. Stoner added that could determine what side of the road you do this on. Mr. Stoner stated that a lot of places would require a retaining wall to get it leveled out. Commissioner Detwiler commented that she did not see having a six foot sidewalk in residential areas. Mr. Stoner stated that was the design standards and the ‘Safe Route to Schools’ used these standards as well. Mr. Stoner explained that an accessible path according to ADA was a three foot path, but six feet was the minimum if people were to pass in wheelchairs. Commissioner Detwiler questioned how many times two wheelchairs were going to pass each other in Pratt. Mr. Stoner commented that he could not answer that, but this was the federal design standards. Commissioner Skaggs commented that this would be one of the things we had to do for the grant money. Mr. Stoner agreed. Mr. Howard suggested that that could be part of what the City pays for and not fund it through the program.

Mayor Taylor questioned if this was the full blown figure. Mr. Stoner stated that it was except for Country Club Road. Mr. Howard stated that we did that so we could connect with the Wildlife and Parks trail. Mayor Taylor asked how hard it would be to just do east and west First Street. Mr. Hellar stated that they could do that. Commissioner Skaggs questioned if there were setbacks on federal highways. Mr. Stoner commented that KDOT would prefer a three foot buffer between the curb and sidewalk. Commissioner Skaggs asked if that would be a requirement to get the grant funding. Mr. Stoner commented that they would make exceptions if there was not room. Commissioner Skaggs questioned the statement ‘Rework the RCB’. Mr. Hellar stated that RCB stood for Reinforce Comfy Box and that would be making them longer so that a sidewalk could be run over them.

Mayor Taylor asked if they could separate out First Street, Fincham Street and Sixth Street. Commissioner Skaggs commented that we would be talking about minimum dollars if we were to tie into what was already there and fund it ourselves, but we need to look at the cost of doing it first class. Mr. Howard stated that this was all on KDOT’s right of way and questioned if they would allow us to do it substandard. Mr. Stoner commented that he thought they would let us do that if we were not going through their program. Mr. Stoner stated that there would be a big jump in cost if we went with the ten foot wide sidewalks, but we also need to address the accessibility issue.

Mr. Ed Wilts addressed the Commission and encouraged them to go with the ten foot wide surface where you could have bicycles and walkers. Mr. Wilts explained that you see kids in town riding in the street and their safety habits are not what they should be, so he felt that it would make more sense to do it first class and be the envy of other cities. Mr. Wilts added that they should take advantage of the tax funds and questioned what the cost of this project was. Mayor Taylor stated that it was $922,000. Mr. Stoner added that that was with six foot sidewalks. After little more discussion, Mayor Taylor commented that we should move ahead with a five year plan unless funding becomes available, and then we could look at moving things up a little. Mr. Howard stated that we would need that if we were going to access the Wildlife and Parks funds.

CONSIDERATION FOR THE PURCHASE OPTION OF LADDER TRUCK FROM LENEXA:

City Fire Chief David Kramer commented that, since their last meeting, they had really struggled to put something together for a solution that would include the safety of our people and for the quality of fire protection that they hope to continue to offer. Chief Kramer stated that they had struggled with the fact of how to approach this, how we presented it last time and how it was received.

Chief Kramer stated that they had looked at other opportunities and they get into so much money for a used apparatus. Chief Kramer added that the same age pumper approaches this same dollar amount, but the difference between a pumper and the Lenexa truck were three times the hours on the truck and pump. Chief Kramer explained that the City trucks had had their pumps tested since the last meeting and Engine 1 passed, but Engine 6 came up short in two aspects. Chief Kramer commented that Engine 6 does pump, but did not reach the ten percent (10%) overage required.

Chief Kramer stated that some of the reasons that this was a good time to seriously look at the Lenexa truck to maintain the ISO rating, but he was not sure that we would do that if we were surveyed now. Chief Kramer explained that we were several gpm’s under what we were supposed to be to maintain insurance standards. Chief Kramer added that the Lenexa truck would provide them with the gpm’s and help maintain the 3,000 gpm fire flow that they were currently required to have.

Chief Kramer stated that this was a multi-purpose truck. Mayor Taylor questioned what the gpm was for Engine 6. Chief Kramer explained that it was a 1,000 gallon rated truck, but Engine 5 in Iuka had not been tested, so we were already under. Mayor Taylor commented that we were no worse off than before since it was rated a 1,000 and it only did a 1,000. Chief Kramer explained that it pumped a 1,000 gallons in the first segment, but not in the other two, so technically ISO would not accept full credit for that truck.

Chief Kramer stated that they had anticipated doing something when Engine 1’s lease was up and that it had been discussed in the minutes, when Engine 1 was purchased, and the reality of Engine 6 being 33 years old at the end of the lease. Commissioner Skaggs questioned if Engine 6 was a pumper and tanker or if they were two different types of vehicles. Chief Kramer explained that they were the same type, but Engine 1 had 750 gallons of water on it and Engine 6 had 500 gallons. Mr. Skaggs questioned whether they rely on the tank supply or hook onto water hydrants at the scene of a fire. Chief Kramer stated that they use the water on the truck as first attack while they tie onto a hydrant. Commissioner Skaggs questioned how long that takes. Chief Kramer commented that it does not take very long. Commissioner Skaggs asked how fast they could hook up to a hydrant. Chief Kramer stated that they work on that all the time, but there were occasions where the water part is not that critical because of the hydrants, but there are times they totally depend on the water that is carried on the truck. Chief Kramer explained that they have 1,200 feet of hose on the truck and it may take 600 feet to get to a hydrant, which takes time.

Commissioner Skaggs questioned the mutual aid opportunities. Chief Kramer commented that he had talked to all of the communities around Pratt that had aerial apparatus, such as Great Bend, and they will only do that if there is a reciprocal agreement. Chief Kramer added that Hutchinson works similar to that. Chief Kramer stated that the nearest ladder truck was Medicine Lodge and that was an hour response time. Commissioner Detwiler commented that the County has trucks and they are a little closer. Chief Kramer stated that they bought their ladder truck because they did not have a structural pumper, which has to be a 1,000 gallons or more, and to use it for rescue. Mayor Taylor questioned how many gallons per minute that one was. Chief Kramer stated that it was 1,250.

Commissioner Hlavachick asked if the 1991 from Lenexa had been rated. Chief Kramer stated that the aerial device tested to the current standard as did the pump, and it has a 95’ ladder platform, 1,500 gpm pump and carries 300 gallons of water on the truck. Chief Kramer added that ground ladders come with the truck. Chief Kramer commented that they struggled with the prospect of not having another truck and not knowing for sure how long they would be without Engine 6, if we choose to fix it. Chief Kramer stated that, with the condition of the Lenexa truck and the department’s needs, this keeps coming back to a good opportunity for the department and the City. Chief Kramer commented that they want to provide the best fire protection that they possibly can.

Chief Kramer stated that he had not been sure if they would be able to finance a used vehicle, but a Manhattan Leasing Company and First National Bank in Pratt assured them that they could. Mayor Taylor questioned where the $30,000 down payment would come from. Chief Kramer explained that they would like to use the money that was going to be used to fix Engine 6. Mayor Taylor questioned if they have that money. Chief Kramer stated that he was not sure where they stood. Finance Director Diana Garten stated that they do not have quite that much, because it was used for the building. Mayor Taylor stated that it comes back to being able to use Township 12’s truck for this type of thing. Mayor Taylor added that it may take an interlocal agreement where their firemen meet us there and it may take sitting down with the County Commissioners and Township 12 to discuss an agreement. Mayor Taylor commented that 70% of the County is the City and in a tax basis closer to 50 to 60% of the County. Mayor Taylor stated that, when they spend money, they do not spend it in the City of Pratt, but for landfill, roads and bridges, so it would be nice to utilize those funds inside the City. Chief Kramer stated that we do have mutual aid, but he was not sure if it was written into an agreement. Mayor Taylor questioned if Township 12 had had their rating and met with the specifications. City Manager Howard stated that they had had the pump tested and it passed and had the ladder tested the year before. Mr. Howard commented that he was told that they would respond with their full crew.

Commissioner Skaggs commented that the ladder truck was the most expensive vehicle and that their concern was that the only option that was given was a ladder truck. Commissioner Skaggs questioned obtaining another used pumper. Chief Kramer explained that, to get down to the $150,000 level, a used pumper has a lot of use. Commissioner Detwiler commented that she had visited with Mr. Mark McManaman and he had said that they would respond to fire calls if ours was still out being repaired. Commissioner Graf commented that the Dodge City pump overhaul was $18,000 with difficulty getting parts, so he hated to put out $150,000 and next year have the pump go out and we would not be able to get parts or the pump might last 10 years. Chief Kramer stated that he understood that, but you had to keep in mind that they may have a fire call at the same time and their response was just as questionable as ours. Chief Kramer explained that we do not have the luxury of having as many trucks as the County does, but there are a lot of occasions where we need both trucks on scene and it is about response time and having continuity of training. Chief Kramer added that his department prides themselves in their response time and the service we provide, but we are approaching a road block.

Commissioner Graf commented that Township 12 had had their truck for four years and questioned if we had ever asked for assistance. Chief Kramer stated that we had not. Commissioner Skaggs questioned how many times Township 12 had used their ladder truck. Chief Kramer stated that they had used it in ladder mode four or five times, but not in their area. Chief Kramer explained that, if they had the Lenexa truck, it would not be used exclusively as a ladder truck, but as a pumper. Commissioner Detwiler commented that she had visited with Mr. McManaman and he had told her that they purchased their ladder truck as a rescue unit, but it was available for structural fires.

Commissioner Hlavachick commented that he was a proponent of a ladder truck and, with a progressive City like Pratt of 6,500 that has multilevel structures, it was a shame that citizens and business people do not have the availability of a ladder truck. Commissioner Hlavachick added that we can have people on site and be at a fire before anybody else from the County could be and we have a responsibility to protect the multilevel structures. Commissioner Hlavachick commented that the argument had been brought up concerning how many times we would use it, just like the mobile generator, but he would rather have it and not need it rather than needing it and not having it. Commissioner Hlavachick stated that there are trucks out there that would do what we want for less than what we are talking about and he recommended getting more options besides the Lenexa truck. Commissioner Hlavachick stated that we were building all the time with more coming up and we are behind the times, so we need to get it done.

Chief Kramer stated that the Lenexa truck was appealing because the pump and the engine had been checked and it had new tires, which were things that were appealing when looking at a used truck. Chief Kramer explained that there are 10 or 12 sites you could go to for used trucks, but you have no idea what has gone on with them. Chief Kramer commented that miles do not mean a lot, but hours do and trucks similar to this one have had around 8,000 hours on them. Chief Kramer stated that it is an asset to have the type of truck that Township 12 has, but the apartment complex that burned in Manhattan on Sunday required several ladder units and there were four aerial units in Fort Scott and it still burnt almost an entire block. Chief Kramer added that they are not a guarantee, but always an asset to have. Chief Kramer commented that his priority is the safety of his guys and they are proud of their accomplishments and want to maintain that. Chief Kramer explained that having equipment that you are not 100% sure about, delays things while you make sure everything is working okay.

Commissioner Skaggs questioned paying for the equipment and whether a $42,000 annual payment was within the budget. Finance Director Garten commented that one mill generated in 2012 should be about $36,000, so they could not do a 3 year lease but could probably do a five-year lease. Ms. Garten added that the lease payment would take up that one mill. Commissioner Skaggs questioned if they could be denied other equipment if they use up the one mill for a lease payment. Chief Kramer stated that they had done that the last several years. Ms. Garten stated that the current lease would be paid off this year. Commissioner Hlavachick stated that it would be a wash. Ms. Garten stated that it would be if they were to continue with what they were doing now. Commissioner Hlavachick stated that sometimes a deal comes along that you cannot pass up. Chief Kramer stated that Chief DeVrees in Lenexa was ordering a tiller ladder truck to replace this truck and, if we need to go another direction, they need to know so that they could get it advertised. Chief Kramer added that this would be the last opportunity with them and that vehicles like this one would sell for $200,000 with its hours and service records. Chief Kramer explained that it was $50,000 under market right now.

Chief Kramer stated that the department wants to maintain quality of service and response time, but they were at the Commission's mercy. Chief Kramer added that he had not been aware that the money for the building had come out of this fund. Commissioner Detwiler stated that she felt we were better off fixing what we have. Commissioner Graf questioned if the roof was still leaking and how much that would cost to repair. Chief Kramer stated that he was not sure of the cost. Commissioner Skaggs commented that a roof of that size would probably be around $10,000 to $20,000. Chief Kramer stated that was probably correct if we did the whole thing, but they would not allow it to do any damage to their equipment.

Commissioner Hlavachick stated that he was a proponent of this and made a motion to allow Chief Kramer to proceed with the lease to buy the Lenexa truck. Mayor Taylor questioned where the down payment would come from and asked that it be part of the motion. Ms. Garten stated that they have less than $30,000 in that fund. Chief Kramer explained that Lenexa would allow us to go into next year's budget if we were committed to the truck. Commissioner Hlavachick stated that we build contingency funds into every budget, so this could come out of that. Commissioner Hlavachick added that this was a contingency that we should jump on. Commissioner Skaggs seconded the motion; however, it was worded.

Chief Kramer stated that there were many times where they could have used an aerial. Mayor Taylor stated that they have one in the County and it had been purchased with citizen taxpayer’s money. Ms. Garten stated that the fire department’s cash balance had $10,756 at this time. Commissioner Hlavachick questioned if there was money in any contingency funds. Ms. Garten stated that there were none for fire, but there were in other funds. Ms. Garten added that there was money in capital reserves and capital equipment that they could borrow and pay back later. Commissioner Hlavachick stated that a $26,000 payment a year would fit into a five-year lease with $10,000 left over if the mill was $36,000.

Commissioner Hlavachick amended his original motion to include the $30,000 down payment to come from one of the contingency funds. Commissioner Skaggs seconded the amendment. Mayor Taylor requested a roll call vote: Commissioner Detwiler-no; Commissioner Hlavachick-yes; Mayor Taylor-no; Commissioner Skaggs-yes; Commissioner Graf-no. The motion failed.

Commissioner Detwiler made a motion to proceed in the repairs for the truck to get it into compliance. The motion was seconded. Chief Kramer questioned what they were to do about ISO compliance. Mayor Taylor stated that he had set on here for a long time and had no knowledge of the fact that we were not compliant. Chief Kramer explained that this was the first year, because of Engine 5 and Engine 6 not meeting criteria. Mayor Taylor stated that there was a motion on the floor and it was voted on and approved unanimously.

Chief Kramer stated that there was no anticipation of this happening with Engine 6 and it was in the minutes that it was discussed during the lease purchase of Engine 1 that the plan at the end of the lease was to roll over into another lease to replace the 33-year-old engine. Chief Kramer explained the condition of Engine 5 in Iuka and moving into an opportunity to replace it and cycle in a different truck. Chief Kramer commented that he had a copy of ISO requirements and how they establish rates and there could be a 22% difference at each class on the commercial side. Mayor Taylor questioned if we still have Engine 5. Chief Kramer stated that we do, but it had not been pumped like it was supposed to be and Iuka had a new truck now, so they do not need it as bad. Mayor Taylor commented that he did not remember that meeting 10 years ago, but it had not been said since and all of the sudden we are out of options. Mayor Taylor stated that decisions have come back that we moaned about, because we did not consider all the options and this should have been talked about two or three years ago. Chief Kramer stated that he had put it in his budget notes the last two years to get things set aside for transition of this lease running out. Chief Kramer added that he had talked to Mr. Howard over the years relating their plans and he agreed they would like to see a five-year plan. Mayor Taylor commented that they need to be made more abreast of what is going on when it involves high expenditures. Chief Kramer stated that, unfortunately, this was very expensive. Commissioner Skaggs made a request for a copy of the ISO standards.

Commissioner Detwiler stated that they should check to see who wrote the County's grant and they have a new bright red truck that was purchased with grant money. Chief Kramer explained that they had written a grant for a truck for three years. Commissioner Detwiler stated that there are different types of grant writing. Chief Kramer explained that they had received $105,000 grant money in 2004 for new bunker gear and since then had written the grant for a truck. Commissioner Skaggs commented that, if the 22% increase in commercial fire insurance rates was correct, they should be going up and down talking to all of the commercial property owners for support. Chief Kramer stated that they had done that and they do have a lot of support.

CONSIDERATION AND APPROVAL OF THE PURCHASE OF FIVE IN–CAR VIDEO SYSTEMS:

"Acting" Chief Gary Myers commented that he had done several months of study with in-car videos and found three vendors that had demonstrated their product. "Acting" Chief Myers commented that Watch Guard, Digital Ally and Cop Trax had all given demonstrations, but Cop Trax was a conventional in-car video system that records conventional video but also documents a tracking system via GPS. "Acting" Chief Myers explained that the administrator has access to track all patrol cars for 30 to 60 to 90 days or longer. "Acting" Chief Myers stated that they had been considering a mobile data unit in the cars and they had been wanting to install MDT systems at a later date.

"Acting" Chief Myers stated that the reporting media could be done in several different manners, such as ‘In The Cloud’ through Microsoft which was an off-site base, media card or uploaded to a server at the LEC. "Acting" Chief Myers explained that there would be no question concerning tampering if they used storage through ‘In The Cloud’, but there was a monthly storage fee of $250. Commissioner Skaggs questioned if that was an option we could or could not take. "Acting" Chief Myers stated that was correct.

"Acting" Chief Myers stated that they would purchase five systems that would utilize GPS tracking and have remote access through cell phone service for each unit at the cost of $39 per month for unlimited data per unit. "Acting" Chief Myers commented that they would not have to utilize the cell phone system and it would still work, but there would be no GPS tracking service. "Acting" Chief Myers stated that Digital Ally was a conventional system that was completely wireless, but there was no access of a cell phone so there would be no way of accessing cameras remotely or tracking units. "Acting" Chief Myers stated that the Watch Guard wireless system was more than Cop Trax, but he recommended to the Commission the Cop Trax system using special police funds. Commissioner Detwiler questioned if there were adequate funds for this purchase. "Acting" Chief Myers stated that there were and Finance Director Garten added that there was approximately $316,000 in that fund. Ms. Garten explained that this fund was forfeiture money so it was not replenished very often and the seizure had to be cash or a vehicle that we could sell. "Acting" Chief Myers explained that there were federal regulations on what that money could be spent on.

Commissioner Graf made a motion to purchase five in-car video systems from Cop Trax for $30,365 using forfeiture funds. Commissioner Detwiler seconded the motion. Commissioner Hlavachick questioned if Cop Trax was worth $10,000 more than the low bid. City Manager Howard commented that that did include the service plan. "Acting" Chief Myers stated that it was worth it and it included five phones and laptops. Commissioner Skaggs questioned if that was necessary for the ‘In The Cloud’ storage. "Acting" Chief Myers stated that was correct; therefore, there was no question of integrity. The motion was passed unanimously.

CONSIDERATION AND APPROVAL OF THE PURCHASE OF ONE USED 2009 FORD CROWN VIC FROM KANSAS HIGHWAY PATROL FLEET SALES:

"Acting" Chief Myers reminded the Commission that he had presented a proposal for bid acceptance on a 2011 Chevy Impala, but later was contacted by Doug Reh letting him know that they could not honor that bid due to General Motors discontinuing their police package. "Acting" Chief Myers explained that GM had already made a commitment to other agencies for 1,500 units that they were not going to be able to provide.

"Acting" Chief Myers commented that they wanted to move the detective’s vehicle to the fleet service and replace that car with a 2009 Crown Victoria from the Kansas Highway Patrol that had 49,150 miles on it. "Acting" Chief Myers stated that the Highway Patrol maintained good service records and Detective Jeff Ward was in favor of obtaining the Crown Vic due to more trunk space. Mayor Taylor questioned what their options would be for the future. "Acting" Chief Myers stated that the Impala was not going to be available, but these Chevy Caprice, Chevy Tahoe, Ford police model Taurus or other SUV options would be available.

Commissioner Skaggs made a motion to authorize the purchase of the 2009 Ford Crown Victoria from the Kansas Highway Patrol for $14,000. Commissioner Graf seconded the motion and it passed unanimously.

CONSIDERATION AND APPROVAL OF PRATT CITY ATTORNEY AGREEMENT:

City Manager Howard commented that the City Attorney agreement was a one-year agreement and the difference in this agreement from the past was his hourly pay went from $80 to $82.50, which was a 3% difference. Mr. Howard explained that the agreement includes paying for the City's insurance, which was about $933. Mr. Howard added that the current agreement expires the end of December. A motion was made by Commissioner Hlavachick to approve the City's agreement with City Attorney Ken Van Blaricum as specified. The motion was seconded by Commissioner Skaggs and passed unanimously.

DISCUSSION ON INVOCATION AND FLAG SALUTE AT COMMISSION MEETINGS:

Commissioner Graf commented that he had asked at the last meeting to do an invocation and Pledge of Allegiance at the beginning of a meeting and he would like to see that done. Commissioner Hlavachick commented that he had no question about the flag salute, but the invocation he was not sure about and did not want the audience to take offense. Mayor Taylor commented that he saw no reason to not allow either one. Commissioner Detwiler stated that there were no requirements to participate. Commissioner Skaggs questioned who would do the invocation. Commissioner Detwiler commented that it could rotate amongst the Commissioners. Commissioner Graf suggested ministers in town. Commissioner Skaggs questioned if there would there be legal ramifications since they do not pray in schools. City Attorney Van Blaricum stated that as long as we do not sponsor a City religion and allow someone to express their faith, there should not be a problem.

Commissioner Skaggs suggested the Pledge of Allegiance and invocation with Commissioners taking their turn. Commissioner Graf amended his motion to include the Pledge of Allegiance and invocation to occur before the meeting. Commissioner Detwiler seconded the motion and it passed unanimously.

Open Agenda 2:

 Comment concerning last motion:

Mr. Luca Matei addressed the Commission concerning the motion that had just been approved. Mr. Matei commented that he had come here from Romania. Mr. Matei was difficult to understand, but talked about Stalin and Congress sessions starting by giving a blessing. Mr. Matei stated that our country has big problems and we should concentrate on those problems and that the Declaration of Independence does not work, justice does not work and we are conditioned to do things and to salute the flag is nothing. Mr. Matei stated that, whatever religion, we were conditioned to believe what we were conditioned to believe.

REPORTS:

City manager:

 Property East ½ of Property North of Wal-Mart:

City Manager Howard spoke about the developer that was going to buy the property east half of the property north of Wal-Mart and that there had been a contract signed with Hibbett Sporting Goods. Mr. Howard added that there was another store attached with it, but they were not ready to be disclosed. Mr. Howard explained that we would need to do a contiguous annexation in ordinance form. Commissioner Skaggs questioned how big the lot was. Mr. Howard stated that it was 500 feet. Commissioner Skaggs questioned if it went east of Super 8 and up to the Patrick property. Mr. Howard stated that it went up to the City right-of-way and we would annex that portion of that road. Commissioner Detwiler questioned if we would develop that road. Mr. Howard stated that we would if the opportunity presented itself or if a number of people were employed by another business, they would have to have access from that road. Mr. Howard commented that the ED board would be having a meeting tomorrow to discuss this and what help they could provide. Mayor Taylor questioned what the size of the building would be. Mr. Howard stated that he was not sure. Commissioner Skaggs asked about the depth. Mr. Howard stated that it goes back 50 feet and that left half of the lot to bring something else in.

 Chamber Dinner:

Mr. Howard informed the Commission that the Chamber dinner was Thursday evening and that there were tickets for City officials, so they could just show up there with their spouse. Commissioner Hlavachick questioned if it was at the fairgrounds. Mr. Howard stated that it was and it starts at 6:00 p.m.

 Executive Sessions:

Mr. Howard requested two executive sessions to last for 15 minutes each and no decision anticipated for attorney-client privilege that would deal with contracts, one to discuss water and the other concerning some property that someone wants the City to buy.

 KMEA Conference:

Mr. Howard stated that he had attended the KMEA annual conference and there was a lot of good information of what was coming in the future.

Public Works:

 Centennial Park restroom:

Public Works Director Russell Rambat commented that Park Superintendent Mark Eckhoff had a plan for the restroom at Centennial Park and they would be using an existing facility. Mr. Rambat added that they would do the work themselves and do it within budget.

 Gate being made:

Mr. Rambat stated that there would be a gate going back to the building with the Christmas decorations and the parks department would be building it in their shop. Mayor Taylor questioned if it would still allow for foot traffic. Mr. Rambat stated that it was a couple of posts and a triangle with a sign on it and they would not be locking it unless there were problems.

Recreation department:

 Annual Christmas dinner:

Recreation Director Bruce Pinkall stated that the annual Christmas dinner would be December 16th and that they had tried to fit it into everyone's schedule.

• Carol retiring:

Mr. Pinkall stated that Ms. Carol Gerard would be retiring at the end of the year to enjoy her life with grandkids. Mr. Pinkall added that they would be looking to fill her position.

Power Plant:

• Parts arriving:

Power Plant Superintendent Ernie Smith stated that the parts for the engine were arriving. Mr. Smith explained that the piston and bearings came quick, but there was no liner. Mr. Smith commented that they would have to wait one year for the rod to get here, so the money would be encumbered for at least a year.

• Second Day Market:

Energy Agent Kenny Kreutzer commented that one of the biggest topics at the KMEA conference was the second Day market that would be tested in 2013 and go live in 2014. Mr. Kreutzer stated that this would totally change everything in the electric department, because we would not know what we were going to pay for power until the end of the hour. Mr. Kreutzer added that there would be 27 different billing cycles for each megawatt of energy with weekly billing and lines of credit would not be available. Mr. Kreutzer explained that they would bid into a pool and tell you when you can and cannot run, which would be federally mandated. Commissioner Skaggs questioned who this would benefit. Mr. Kreutzer stated that they said everyone. Mr. Howard commented that the fortunate thing was that two thirds of ours was contracted, but if transmission was affected, it could be a concern.

Finance Department:

• October sales tax:

Finance Director Diana Garten stated that October sales tax was up $13,240 over last year and this was based on August retail sales. Ms. Garten commented that this was a 7% increase over last year in sales tax revenues, that totals about $99,550 and this was a positive trend.

Mayor:

• Editorial in paper:

Mayor Taylor stated that there was an editorial in the Pratt Tribune where the City took a hammering from Pratt County Farm Bureau, because they were opposing County zoning and thought they should drag the City into it. Mayor Taylor explained that the editorial said that the City was not successful in zoning and some things were ignored and violated on a regular basis. Mayor Taylor commented that the letter stated that structures were built contrary to zoning, both with and without variances being granted. Mayor Taylor stated that the letter gave the example of the Hospice facility that was built in an Industrial Park. Mayor Taylor commented that City Manager Howard said that they had gotten a variance from the Planning and Zoning board and the Commission allowed it.

Mayor Taylor stated that according to DeWeese, based on the City of Pratt experience with zoning over the last 60 years, zoning punishes the honest man, creating an undue hardship and burden on the man with limited resources, while having no effect on the dishonest and ignorant and very little effect on the man with money and resources. Mayor Taylor commented that he had found out that this letter was not written by DeWeese, but allegedly written by Mr. Tom Black. Mayor Taylor added that, if we did not have Planning and Zoning, Wal-Mart could have been located in a residential area and have total chaos, but he had seen it for 20 years and it has done a very good job. Mayor Taylor added that he may not have always agreed, but they have not always agreed with what we have done.

Mayor Taylor stated that he would like to have whoever wrote this come to the Commission and explain what they were talking about and you cannot say these things in generality.

• Parking on Fifth Street:

Mayor Taylor stated that he had been contacted today by Mr. Curtis Nightingale and Mr. Steve Blankenship concerning being able to park on Fifth Street from 4 p.m. to 11 p.m. Mayor Taylor commented that the Blythe Fitness Center needed additional off street parking to accommodate tournaments on the weekends. Commissioner Hlavachick stated that he went there quite often and a number of students park in the Blythe parking lot. Commissioner Graf questioned if the no parking was so that emergency vehicles could get through. Mayor Taylor stated that they hoped that adults would be more cautious of cars coming down the street during after hour events, but, during school hours, there would be no parking. Commissioner Detwiler questioned if it would be enforced by complaints. Public Works Director Rambat stated that they could get the proper signage.

Recreation Director Pinkall commented that there would be a home school basketball tournament in January that involved 32 teams. Commissioner Detwiler stated that there was a lot of parking area by Liberty and both sides of the football field, the parking lot,behind the old school, as well as west of the high school and the new south parking lot. Commissioner Skaggs questioned public use of the property owned by the art museum. Mr. Howard stated that that was not public property, but could be used if the Museum would let them.

• Corp of Engineers:

Mayor Taylor addressed the letter from the Department of Army Corps of Engineers where they stated that they were not responsible for the contaminants at the airport. Mayor Taylor questioned where they came from if not from them. Mr. Howard answered that it could have come from grain that had been sprayed and they claim that was how it got contaminated. Mr. Howard stated that Mr. Reid Bell thought we would get this response, so we will talk to our representatives next. Commissioner Skaggs commented that he was not familiar with the term ‘Brownfield sites’. Mr. Howard explained that that was a State funded program to clean up contaminated industrial sites. Commissioner Detwiler questioned if they had not offered to cost share the program. Mr. Howard explained that they wanted to run a 2 inch service line to the properties, but we would put a meter off of the main and would not be responsible for running the line clear out to the properties. Mr. Howard added that the City was willing to participate in putting a line in even though it was not really our problem. Mr. Howard stated that the process from here would be to approach legislature and go through legal channels. Commissioner Skaggs questioned if the trunk line up there was 8 or 10 inches. Mr. Howard stated that they wanted a two inch, but to feed the airport you would need an 8 to 10 inch line.

Commissioner Detwiler questioned what the court costs would be and why they would not want to cost share with the City knowing that the well was contaminated. Mr. Howard stated that we were not opposed to cost sharing. Mayor Taylor stated that he would like to see us go through our representatives. Commissioner Detwiler questioned if we would consider something else rather than taking it to court. Mayor Taylor stated that the Corp would not allow that to happen. Mr. Howard added that we do not want that either, but want to get it resolved the way it should be. Mr. Howard stated that they do not want to admit it and never will.

Commissioners:

• Brush piles:

Commissioners Skaggs commented that he had been contacted by citizens concer ning brush piles in the neighborhood from storms and that some of the piles were over two years old. Commissioner Skaggs stated that, in some cases, the people do not have a vehicle to dispose of brush and questioned if we could pick up brush piles in alleys periodically. Mr. Howard stated that if a person can get it in their compost cart, they can get it on the truck or they can call for a special pickup. Mr. Howard added that we do not go down the alleys but they can be turned in to the City by a neighbor and they would get a letter or a phone call from the Inspector.

• Executive session:

Mayor Taylor made a motion to go into executive session to discuss land acquisition for 15 minutes. The motion was seconded by Commissioner Graf and carried unanimously.

Upon proper motion, the Commission returned from the executive session with nothing to report.

• Executive session:

Upon proper motion and second, the Commission returned to executive session to discuss attorney-client privilege for 15 minutes.

The Commission returned from executive session upon proper motion with nothing to report.

ADJOURN:

Meeting was adjourned by proper motion.

_______________________________________
JEFF A. TAYLOR, Mayor




(SEAL)

ATTEST:

______________________________________
LUANN KRAMER, City Clerk

*Page 10 Correction –Mr. Howard stated that it goes back 50 feet and that left half of the lot to bring something else in. **should be 500 feet**