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**

Monday, November 21, 2011

11/21/11-City Commission Meeting Agenda

MONDAY

NOVEMBER 21, 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 07, 2011 Regular City Commission meeting

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

6. BUSINESS:

6.1 Consideration and Approval of Bid to Replace Damaged Roof at the Street Department – Russell Rambat, Public Works Director

6.2 Consideration and Approval of Lease Agreement with the American Legion – Ken Van Blaricum, City Attorney

6.3 Consideration and Approval of Ordinance 1109 Annexing Land to the City of Pratt – Ken Van Blaricum, City Attorney; 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, November 8, 2011

10/17/2011-Approved City Commission Meeting Minutes

MONDAY

OCTOBER 17, 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
Kelly Hemphill Dir. of Electric Utilities
Bruce Pinkall Recreation Director

CALL TO ORDER:

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

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

MINUTES:

A motion by Commissioner Skaggs to approve the minutes of the October 03, 2011 regular Commission meeting. The motion was seconded by Commissioner Graf and carried unanimously.

OPEN AGENDA 1:

No one wished to address the Commission.

BUSINESS:

CONSIDERATION AND APPROVAL OF A RENOVATION PROJECT ASSOCIATED WITH ‘SPORT COURT’ AT WALTER BLAKE TENNIS FACILITY:

Recreation Director Bruce Pinkall explained to the Commission that part of the long term renovation plan for the Walter Blake Tennis Facility was to address the basketball court area. Mr. Pinkall commented that the northwest set of courts had a chain link fence that does not mirror the court and there were maintenance issues, so the fence would be replaced with one that was 10’ tall and concrete would replace the dirt to help eliminate maintenance issues. Mr. Pinkall stated that Mr. Zack Deeds had talked about Sport Court having an outdoor facility that they could get involved with.

Mr. Deeds explained that he had come across Sport Court while working on the Blythe Fitness Center and had liked what he saw and they ended up pursuing him for a position with their company. Mr. Deeds stated that Sport Court was the largest court builder, but they have no presence in southwest Kansas and they were looking to fill those gaps. Mr. Deeds added that this project would be the demonstration court for southwest Kansas and would be a showcase piece.

Mr. Pinkall explained that the cost to put in two goals, net adjustment system and surface would be $47,550 but, with Sport Court involved, the total cost would be $35,000. Mr. Pinkall added that it would be their installation and we pay for freight. Mr. Pinkall stated that the Recreation Advisory Board saw the drawing that involved moving the basketball courts north and south on the east end, a volleyball court in the middle and place four youth tennis courts going north and south. Mr. Pinkall commented that Mr. Joe Kramer, who was on the Advisory Board, was excited about kids on a smaller court and that would also allow the Recreation Department to give lessons in a different environment. Mr. Pinkall stated that he had visited with Ms. Connie Robertson, USTA Tennis Service Representative for Kansas, and there were grants that could be applied for for this project. Mr. Pinkall explained that he would like to use travel and tourism money, tournament funds generated from user fees, donations and bed tax so that there would be no need to dip out of tax generated funds. Mr. Pinkall added that this would create a new recreational facility and not affect anyone individually.

Commissioner Skaggs questioned if there would be a second basketball court. Mr. Pinkall stated that there would be room, but they had only looked at one in the initial discussion and left room for that option. Commissioner Skaggs asked if the half circle was built in as part of the design. Mr. Deeds stated that that was painted on and that could be popped up from any spot on the court and be easily fixed if we decided to do a second court later. Commissioner Skaggs commented that he was not clear on the preparing of the surface. Mr. Pinkall stated that they go in with a concrete grinder and work the seams and there was to be no more than a ¼” of differential level for them to lay the surface. Mr. Deeds added that this was being done in a lot of places and Sport Court was having great success with a 10’ 2X4. Mr. Deeds explained that there would be no moisture issues and, if cracks form later, you would not know. Commissioner Skaggs questioned dirt collection. Mr. Deeds stated that it was designed to flush out the bottom and could be cleaned with a blower or power washer. Commissioner Skaggs asked if the surface was sloped for drainage. Mr. Pinkall commented that the current surface was from north to south and does hold some water on the west end, so that would be filled out.

Mr. Deeds stated that the court had lateral forgiveness so that it would be easier on the joints and the impact trauma was significantly less. Mr. Deeds added that Southwest School was going to go with concrete, but ended up going with Sport Court. Commissioner Hlavachick questioned the life of the court. Mr. Deeds commented that the original ones were still out there after thirty-seven years, but there was a fifteen year warranty. Commissioner Hlavachick clarified that Sport Court does the installation. Mr. Deeds stated that they do. Commissioner Skaggs questioned if they interlock like legos. Mr. Deeds stated that it looks like that, but it was actually complex. Commissioner Detwiler questioned if someone could cut it. Mr. Deeds stated that you have to have a jigsaw or shearing device to install it, so that should not be a problem.

Commissioner Skaggs commented that we were developing a beautiful facility, but questioned future parking. Mr. Pinkall stated that they do have some potential parking areas south, but there had been plenty of parking on the street and there was the parking lot around the pool. Mr. Pinkall added that the spectators may have to do some walking.

Commissioner Graf questioned why Blythe Family Fitness had not jumped on this. Mr. Deeds commented that the floor was more expensive than what they ended up with. Commissioner Detwiler questioned how much the grant would contribute to the cost. Mr. Pinkall stated that it could be $2,000 and up. Commissioner Detwiler asked how much was in the tournament proceeds fund. Mr. Pinkall commented that he did not have the account balance, but it was $40,000 that had been accumulated over several years. Mr. Pinkall added that the revenue was in there and that pays for umpires and trophies out of it. Commissioner Detwiler questioned if there would be removable stuff on site. Mr. Pinkall stated that there would be moveable things, but not removable. Commissioner Detwiler questioned if anything could be hauled off. Mr. Pinkall stated that the current nets could be, but the poles were in the ground with u-bolts. Commissioner Skaggs questioned if there would be signage that would be geared for commercializing Mr. Deeds. Mr. Deeds stated that there might be a 2’X2’ banner that says to contact him.

Commissioner Skaggs made a motion to accept the proposal of Sport Court for $35,000 on the court renovation. The motion was seconded by Commissioner Hlavachick and carried unanimously.

Ms. Beth Montei commented that she appreciated the Commission going forward with the youth program. Ms. Montei stated that there was a short court set up at the Blythe Center, but this would be available for lessons when the Blythe Center was not. Ms. Montei explained that this was a great resource for parents and she would be willing to raise funds for the facility. Ms. Montei commented that she could go back twenty years and get hold of people who had played for Mr. Mike Harvey to see if they would help. The Commission thanked Ms. Montei for her comments.

DISCUSSION ON LEASH LAW IN PRATT:

The Commission commented that they had received either an e-mail or letter concerning the leash laws in Pratt. Mayor Taylor questioned what the procedure was that we were using currently. ‘Acting’ Police Chief Gary Myers commented that Mr. Rod Tritt gets a call and locates the dog and, if it had not been loose before, he takes it home and the owner is advised of the leash law and not charged. ‘Acting’ Chief Myers added that, if it was a repeat offender, the dog was taken to the pound and the owners were responsible for the fees. ‘Acting’ Chief Myers commented that they do not make it a habit to have dogs running at large, but some cannot be caught and we do not know who the owners are. Commissioner Skaggs questioned if the owner is cited for a dog at large. ‘Acting’ Chief Myers stated that, if cited, they appear in Municipal Court, but he was not sure of the fine. City Attorney Ken Van Blaricum stated that the next level would be the dog becoming a nuisance and that carries a $50 fine and court costs. Mr. Van Blaricum added that they do not have many second offenders.

Commissioner Graf commented that he had visited with the postman in that area and he said that the biggest problem was the dog barking, but it was not threatening. Commissioner Graf added that, if the dog was off the chain, the owner would come out and get it back on it. ‘Acting’ Chief Myers commented that a citizen can file a complaint. Commissioner Skaggs commented that people do not want anyone to know they have signed a complaint. ‘Acting’ Chief Myers stated that they would not be told unless the person was summoned to court.

Commissioner Skaggs asked Commissioner Detwiler what her take on this was since she was involved with the Humane Society. Commissioner Detwiler stated that she had visited with Ms. Judy Johnson’s daughter and she was terrified of dogs because she had been attacked. Commissioner Detwiler added that she felt the City was doing their job as far as she knew and any dog returned to the owner from the Humane Society had to pay a fee of $40. Commissioner Skaggs questioned an animal’s vaccinations. Commissioner Detwiler stated that they do not police that, but the animal was given shots after the third business day. Mayor Taylor questioned if the owner had to pay that when they picked up the dog. ‘Acting’ Chief Myers stated that no animal was returned to the owner that does not have current registrations. Commissioner Hlavachick commented that he felt that Mr. Tritt was doing very well with this. Commissioner Skaggs asked how many animals were euthanized at the Humane Society. Commissioner Detwiler stated that they try not to do any, but they had done some that were sick.

City Manager Dave Howard commented that we try to give everybody a break and that keeps us from overloading the Humane Society. Commissioner Detwiler stated that they do not have a problem with Mr. Tritt returning an animal to their owner, but would like to see some provisions for a fine for repeat offenders. Commissioner Skaggs commented that if it was not broken, do not fix it. Commissioner Detwiler commented that she did not feel it was broken, but thought it should be discussed since there had been a complaint.

Commissioner Hlavachick questioned who was responsible for picking up dead animals. Mr. Howard stated that we were if it was on our roads and he could be contacted if one was not removed.

CONSIDERATION AND APPROVAL OF QUOTE FOR PARTS FOR ENGINE #7:

Power Plant Superintendent Ernie Smith stated that it was time to replace parts that had been used while working on Engine #7. Mr. Smith explained that there was a long lead time for ordering parts, so they wanted to get them back in stock so down time would be reduced. Mr. Smith commented that parts come from France and it could take several months to get them here.

Mr. Smith explained that Fairbanks Morse was the only source for parts and there were adequate funds for this purchase. Mr. Smith stated that the replacement parts cost $65,838.40 without shipping and sales tax. Commissioner Skaggs questioned how much was kept in the capital equipment budget. Mr. Smith stated that they try to keep line item 304 at $60,000 and 409 at $50,000 and plant maintenance at $75,000. Mr. Howard added that nothing at the power plant was cheap.

Commissioner Hlavachick made a motion to approve the purchase from Fairbanks Morse for replacement parts costing $65,838.40 plus shipping and tax. The motion was seconded by Commissioner Graf and carried unanimously.

CONSIDERATION AND APPROVAL OF REPLAT AT PRAIRIE PARKWAY BUSINESS PARK:

City Manager Dave Howard commented that Chamber Director Jan Scarbrough and he had dealt with real estate marketing people concerning the oil activity and had shown them the airport and the Business Park. Mr. Howard stated that there was already a plat on the Business Park, but he would like to subdivide the east portion on Block C. Mr. Howard added that our expense would be water, sewer and streets, but he would like to sell the lots in a manner that would extend utilities as they sell.

Commissioner Detwiler questioned how long it takes to do the plat. Mr. Howard stated that he was not sure, but there had to be a survey before the data could be put on a plat and there were signatures that you have to have. Commissioner Skaggs asked if we were extending the existing plat. Mr. Howard explained that we were replating the existing plat. Mr. Howard commented that some companies were looking for twenty plus acres. Commissioner Skaggs questioned if South Wind Hospice was going to extend all the way out. Mr. Howard stated that that option expired December 31st.

Commissioner Hlavachick commented that we were going to run out of ground. Mr. Howard stated that he had showed the two lots that were left at the Industrial Park. Commissioner Skaggs questioned if the utility expense was on top of the $9,000 to replat. Mr. Howard explained that the plating was the $9,000 and we would do the installation of the utilities. Commissioner Skaggs asked if we sell the lots by the foot. Mr. Howard stated that that was how we had done it. Mayor Taylor explained that the cost of utilities could determine the cost, so we would not be selling for what we had been. Mayor Taylor added that we wanted to come to a breakeven point if the person would employ people and buy our utilities. Mr. Howard added that there had been an appraisal six or seven years ago and the ED Board had used that as a tool to get a favorable price.

Commissioner Skaggs made a motion to approve the replat of the Business Park as presented. The motion was seconded by Commissioner Hlavachick and carried unanimously.

CONSIDERATION AND APPROVAL OF ORDINANCE 1108 CONCERNING PLAT AND LOT SPLITS:

City Attorney Ken Van Blaricum commented that this ordinance modified a small portion of the zoning ordinance. Mr. Van Blaricum pointed out Section 1 (B)(3) of Article 3 that requires a sub-divider to furnish three copies of the preliminary plat, which was in contrast to the existing ordinance that required ten copies. Mr. Van Blaricum commented that the original Mylar and three copies had to be submitted to the Zoning Administrator twenty-five days prior to a planning meeting rather than the existing fifteen days. Mr. Van Blaricum added that Section 2 of the current ordinance refers to the different ways for a plat to be submitted, such as Mylar and tracing cloth, and that section had been deleted.

City Inspector Brad Blankenship commented that the original Mylar and three copies submitted to the inspector makes the system work better. Mr. Blankenship stated that three copies was workable since we were in the digital age and do not need as many copies. Mr. Blankenship added that you need the original Mylar for the final plat so that it can be signed by the County and City.

The following Ordinance 1108 was then presented to the Commission for their approval: AN ORDINANCE AMENDING ARTICLE THREE (PLATS AND LOT SPLITS) OF THE PRATT CITY-COUNTY ZONING ORDINANCE; PROVIDING FOR SUBMISSION OF FEWER COPIES OF PRELIMINARY PLAT; REQUIRING MORE NOTICE BEFORE PLANNING COMMISSION MEETING OR HEARING CONCERNING PRELIMINARY PLAT; AND REVISING SUBMISSION REQUIREMENTS FOR FINAL PLAT. A motion by Commissioner Detwiler to approve Ordinance 1108 dealing with plat and lot splits. The motion was seconded by Commissioner Hlavachick and carried unanimously.

OPEN AGENDA 2:

No one wished to address the Commission.

REPORTS:

City Manager:

• Senator Moran’s exemption:

City Manager Howard commented that Senator Moran was going to introduce legislation to exempt existing stationary engines from the RICE rulings that had been discussed at an earlier Commission meeting. Mr. Howard added that, hopefully, everybody will have as much sense.

• Wildlife & Parks meeting:

Mr. Howard stated that the Wildlife and Parks meeting was interesting and he had learned a few things about how to conduct a meeting.

• Downtown Park:
Mr. Howard commented that the downtown park design from EBH was done and the Leadership group had met amongst themselves, but would come before the Commission for their approval. Mr. Howard stated that the Peoples Bank had given the City the deed and it would be filed after the approval. Mr. Howard reminded the Commission that the park would go back to the Peoples Bank if it was not a park in the future.

Inspections:

• Wal-Mart & Wind Generation:

Building Inspector Blankenship commented that the Planning and Zoning Board would meet Thursday with a company representing Wal-Mart. Mr. Blankenship explained that Wal-Mart wanted to set eight wind generators on top of parking lot lights and needed a height variance from the Board since they would be 10’ above the normal height allowed. Mr. Howard commented that this would save Wal-Mart about 16 KWH, so it was not going to do a lot.

Electric Department:

• Tree Trimming/Christmas Lights:

Director of Electric Utilities Kelly Hemphill commented that the line department had been working on trimming and getting the Christmas lights ready.

Recreation Department:

• Dog Park:

Recreation Director Pinkall stated that the Advisory Board had discussed the dog park and there should be something on the next agenda.

• Eagle Scout:

Mr. Pinkall commented that Mr. Joseph Loomis was working on becoming an Eagle Scout by mapping a walkway through Lemon’s Park and marking the trail for distance. Mr. Pinkall stated that he had been working with Park Superintendent Mark Eckhoff so that it would be maintenance free and user friendly.

Police Department:

• In-car Videos:

‘Acting’ Chief Myers informed the Commission that he had completed the study evaluation on in-car videos and was compiling the information for the next agenda.

Finance Department:

• League Conference:

Finance Director Diana Garten commented that she had attended the League Conference and Commissioner Detwiler had also attended. Ms. Garten stated that there was good information at the conference.

Commissioners:

• League Conference:

Commissioner Detwiler commented that she had enjoyed the informative sessions at the League Conference and that there was a lot of information out there.

• Grass being destroyed:

Commissioner Detwiler stated that she had noticed that vehicles were destroying the grass behind where the Christmas light storage building was. Commissioner Detwiler questioned if there could be a barricade in there to curtail the traffic. Mr. Howard stated that we could put a gate in the driveway, but he would check to see what could be done.

• Dog Park:

Commissioner Detwiler commented that she thought the llama area would be a good place for a dog park. Commissioner Hlavachick added that that would be his choice.

• Wildlife & Parks meeting:

Commissioner Hlavachick commented that he had given a short presentation at the Wildlife and Parks meeting. Commissioner Hlavachick explained that eight jobs were going to take the buyout and we do not know if the Governor and his staff understand that those jobs were fee funded. Commissioner Hlavachick added that these fees come from hunters and fishermen and were not general tax funded. Commissioner Hlavachick stated that these jobs were federally refundable so they get 90% of the fees to pay salaries.

Commissioner Hlavachick commented that he would like to write a letter to the SRS Director of Governmental Affairs Gary Haulmark and explain the difference between the two agencies and that they would not be saving money by not replacing these jobs. Commissioner Hlavachick stated that we would be losing money because the federal aid would be cut and there were dozens that were taking the buyout. Commissioner Skaggs questioned if these eight jobs were specifically fee funded. Commissioner Hlavachick stated that was correct. Commissioner Detwiler added that they used to be totally fee funded until they merged with the park department and then they got general funds.

Commissioner Hlavachick stated that the community was losing eight jobs that would not be replaced and he felt this was an underhanded way of moving Wildlife and Parks to Topeka. City Attorney Van Blaricum commented that the Secretary of Administration for the State Dennis Taylor was listening to tax payer’s complaints and he got the impression he was willing to listen. Mr. Van Blaricum added that Secretary Taylor had the Governor’s ear and might be another good person to get with.

Commissioner Hlavachick stated that he would like to have the other Commissioners’ approval to write a letter on behalf of the City concerning the loss of jobs at Wildlife and Parks. The Commissioners were all in agreement and gave Commissioner Hlavachick their approval.

• Bed Tax to Promote Tourism:

Mayor Taylor stated that the Chairman of the Commission and Secretary Taylor had been at Rotary and had talked about Kansas being 46th out of the 50 states in promoting our State. Mayor Taylor commented that Nebraska spends three times the amount that we do. Mayor Taylor stated that the State did not want to add a 1% bed tax, because they do not want to get into competition with local people.

• County Zoning:

Commissioner Skaggs questioned if anyone was attending the County zoning meetings. Mr. Howard stated that Mr. Blankenship and he would be attending the meeting Wednesday where the Board would be appointed and they would be training.

• Joint Law Enforcement:

Commissioner Skaggs asked where we were on the joint law enforcement issue. Mr. Howard stated that they had met once and there was nothing else scheduled due to conflicts.

• Flag Salute:

Commissioner Graf suggested adding the flag salute to the agenda after the meetings were called to order and he had noticed that the County and other clubs do that. Commissioner Detwiler stated that that had been something that had been asked about at a workshop during the League Conference and other Commissions do it along with an invocation prayer at every meeting. Commissioner Skaggs questioned whether he was not Christian if he did not want to do an invocation or not patriotic if he did not want to do a flag salute. Commissioner Skaggs stated that he had served twice and was a decorated veteran, but he would rather get on with business. Mayor Taylor suggested dropping the second open agenda. Commissioner Graf commented that the flag salute does not take very long. Commissioner Detwiler commented that the invocation would not take long either and it would just be a formality to start the meeting. Commissioner Graf stated that he had been at a meeting in Sedgwick County on Wednesday and they had a prayer and flag salute. Mayor Taylor commented that he had no objections. Commissioner Skaggs stated that he would go with the group and Commissioner Hlavachick stated that he did not see the necessity in it. Commissioner Hlavachick added that he was as patriotic as anyone, so he would go along with the others. Commissioner Hlavachick suggested putting it on the next agenda for discussion and the other Commissioners agreed.

• Out of town:

Commissioner Hlavachick commented that he would be leaving on Thursday until the end of the month, so he would not be able to attend a joint law enforcement meeting if one were to be scheduled.

ADJOURN:

A motion to adjourn was made by Commissioner Detwiler and seconded by Commissioner Hlavachick. The motion and second passed unanimously.


_______________________________________
JEFF A. TAYLOR, Mayor





(SEAL)

ATTEST:

____________________________________
LUANN KRAMER, City Clerk




• Correction: Commissioner Graf made the suggestion to put the flag salute and invocation on the next agenda, not Commissioner Hlavachick.

Thursday, November 3, 2011

11/07/2011-City Commission Meeting Agenda

MONDAY

NOVEMBER 07, 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. MINUTES – October 17, 2011 Regular City Commission meeting

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

5. BUSINESS:

5.1 Recognition of Employee’s Years of Service – Mayor and Commission

5.2 Discussion on Cost Estimate for Possible Sidewalk Project – Dave Howard, City Manager; EBH Engineering Staff

5.3 Consideration for the Purchase Option of Ladder Truck from Lenexa – David Kramer, City Fire Chief

5.4 Consideration and Approval of the Purchase of Five In-Car Video Systems – Gary Myers, ‘Acting’ Police Chief

5.5 Consideration and Approval of the Purchase of One Used 2009 Ford Crown Vic from Kansas Highway Patrol Fleet Sales – Gary Myers, ‘Acting’ Police Chief

5.6 Consideration and Approval of Pratt City Attorney Agreement – Dave Howard, City Manager; Ken Van Blaricum, City Attorney

5.7 Discussion on Invocation and Flag Salute at Commission Meetings - Mayor & Commission

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

7. REPORTS

7.1 City Manager
7.2 City Attorney
7.3 Department Heads
7.4 Mayor
7.5 City Commission

8. ADJOURN