12/03/2012-Approved City Commission Meeting Minutes

MONDAY

December 03, 2012

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

PRESENT:

Bill Hlavachick, Mayor

Jeff Taylor, Commissioner

Gary Skaggs, Commissioner

Karen Detwiler, Commissioner

Lucus Kumberg, 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

Gary Myers, Chief of Police

Brad Blankenship, Building Inspector

Kelly Hemphill, Dir. of Electric Utilities

Bruce Pinkall, Recreation Director

CALL TO ORDER:

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

INVOCATION AND PLEDGE OF ALLEGIANCE:

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

MINUTES:

Comissioner Taylor made a motion to approve the minutes of the November 19, 2012 regular Commission meeting. The motion was seconded by Commissioner Kumberg and carried unanimously.

BUSINESS:

CONSIDERATION AND APPROVAL OF REQUEST FOR FINANCIAL ASSISTANCE FROM THE PRATT AIRPORT AUTHORITY:

Airport Executive Director Reid Bell reminded the Commission that he had been to visit with them a few months ago and they had asked for more time to consider helping with a funding request Mr. Bell explained that they would not be able to match funds for projects if they could not get the request from the City and County. Commissioner Skaggs questioned how much they needed to have in reserve. Mr. Bell explained that they would be going out for bids in January and needed 10% of $450,000 for that project. Mr. Bell stated that a million or million and a half was what they would need for a grant to do a runway project. Mr. Bell commented that they were not supposed to be banking a lot of money, but they would like to have enough to move forward with airport improvements. Commissioner Skaggs asked about the terminal improvements. Mr. Bell explained the locations of the terminal and fuel station and added that there was failing pavement in that area that would have to come out from the base up.

Commissioner Taylor questioned if this money would be used for an actual project, but not matching funds. Mr. Bell stated that that was correct. Mayor Hlavachick asked if the air traffic had increased. Mr. Bell stated that it had increased quite a bit. Mr. Bell explained that Mr. Randy Huitt’s business was down, because business aircraft had such a range that they do not have to fuel here. Mr. Bell added that the current administration would hurt aviation if they get the $100 user fee implemented.

Commissioner Skaggs questioned if the ED Board and the County had approved their $50,000. Mr. Bell stated that the ED Board said that Red Man had to hire one more employee to get them up to fifteen and the County was waiting to see what the City was going to do. Commissioner Kumberg questioned what their total debt service was. Mr. Bell stated that they had taken out a $300,000 loan for the Red Man building and that was all.

Commissioner Detwiler questioned what they had done about the other building they were going to build. Mr. Bell explained that they decided that they did not want them to go that far and they ended up remodeling the building they were in, which corrected some drainage problems. Commissioner Detwiler asked if that amount comes off the total amount funded. Mr. Bell stated that that was before they made their decision and they ended up borrowing $300,000. Commissioner Detwiler commented that she was having trouble coming up with the figures he had given the Commission and, after some discussion; Mr. Bell was asked to give them more explanation.

Commissioner Skaggs questioned if Mr. Withers’ development was in direct competition with the airport. Mr. Bell stated that it did not seem to be. Commissioner Skaggs asked if they still got inquiries. Mr. Bell stated that he had gotten two last week and they were going to end up being there. Mr. Bell added that they were also talking to the ED Board and Chamber. Commissioner Kumberg questioned if this $50,000 could be classified as a grant or a loan for a period of time. Mr. Bell stated that it would be more of a gift. Commissioner Detwiler questioned if the Airport participated in the Revitalization Program. Mr. Bell stated that he thought they did. Commissioner Detwiler stated that the treasurer’s office said that it would not be appraised until the project was complete. Mr. Bell commented that he had been notified that they were approved. Commissioner Detwiler questioned if the revitalization comes back to the airport. Mr. Bell stated that the tenant pays that, so they would get the refund. Commissioner Kumberg stated that that would be part of the lease agreement.

Commissioner Detwiler questioned if Red Man had stated that they would leave if the building was not up in three months, which she considered blackmail. Mr. Bell stated that they had said that they would look elsewhere. Mr. Bell added that he did not think that they would have, but it did get done in three months. Commissioner Taylor commented that he was concerned that the Commission was not made aware of this before it started and that the appropriate bidding process was not followed. Commissioner Taylor stated that he would appreciate it if they came to City Manager Dave Howard or the Commission in the future before a project starts. Commissioner Taylor stated that he was in favor of giving money to the Airport Authority and that he had seen improvements in the last fifteen years.

After little more discussion, Commissioner Taylor made a motion to approve the $50,000 for the Airport Authority out of the economic fund. Commissioner Skaggs seconded the motion. Commissioner Kumberg stated that the economic values outweigh how this was handled; however, he questioned if there had been an official waiving of the bid process. Mr. Bell stated that there was not, but there was a consensus and that was not the way they normally do things. Mr. Bell added that no local contractors were interested because they would have had to hire so many sub-contractors. Commissioner Kumberg recommended that the Board remember the bidding process in the future and have an actual agreement if they waive that process. Commissioner Detwiler questioned if there was an ordinance that we were to follow for the business of the City and bid requirements. Commissioner Detwiler mentioned anti-trust laws and the State and Federal laws pertaining to changing a process. Commissioner Kumberg commented that we were able to waive the bidding process. Commissioner Taylor reminded them that we were not involved in the bidding process and that we were giving them $50,000 to put towards their building. City Attorney Ken Van Blaricum stated that the Airport Authority had Mr. Mike Johnston as their legal counsel and he would keep them on track. A vote on the motion and second was four approved votes and one opposed vote from Commissioner Detwiler.

Mr. Bell stated that he would get the Commission a copy of their 2013 budget and an explanation of the first correspondence he had for them.

CONSIDERATION AND APPROVAL OF THE 2013 CMB LICENSE RENEWALS:

Police Chief Gary Myers stated that he had reviewed the 2013 applications that had been returned from those businesses wishing to sell cereal malt beverages. Chief Myers added that ten had returned their applications on time and had met the requirements for licensing, but there was one business that had returned their application late so it would be on the next agenda. Chief Myers stated that he gave his approval of the applicants and asked for approval of the 2013 Cereal Malt Beverage Licenses. A motion was made by Commissioner Taylor to approve the 2013 Cereal Malt Beverage licenses for the listed businesses. The motion was seconded by Commissioner Kumberg and carried unanimously.

CONSIDERATION AND APPROVAL OF THE MUNICIPAL JUDGE AGREEMENT FOR 2013:

City Attorney Van Blaricum stated that the City had various contracts that we look at and some were for one year and others were for more. Mr. Van Blaricum added that he felt that they should be reviewed once a year.

Mr. Van Blaricum stated that this agreement was for Mr. Rob Eisenhauser as Municipal Judge and it was basically the same as the year before, but there was some confusion with the health insurance benefit, so he had improved that. Mr. Van Blaricum stated that Mr. Eisenhauser was in agreement with the contract and he had done a good job. Commissioner Skaggs questioned if the contract included an increase in his salary. Mr. Van Blaricum stated that it did not. Commissioner Kumberg made a motion to approve the agreement for the Pratt Municipal Judge. The motion was seconded by Commissioner Skaggs and carried unanimously.

CONSIDERATION AND APPROVAL OF THE AGREEMENT FOR PROVISION OF PUBLIC DEFENDER SERVICES FOR 2013:

Mr. Van Blaricum stated that this was the same contract with Ms. Candace Lattin for her position as the Public Defender. Mr. Van Blaricum commented that Ms. Lattin handles indegent criminal matters in Municipal.Court and that involves hundreds of cases a year. Mr. Van Blaricum pointed out that there were no changes in this contract. Commissioner Skaggs made a motion to approve the renewal of the agreement with the Public Defender. The motion was seconded by Commissioner Taylor and carried unanimously. Mr. Van Blaricum stated that this included the same salary as last year.

CONSIDERATION AND APPROVAL OF THE CITY ATTORNEY AGREEMENT FOR 2013:

Mr. Van Blaricum explained that this agreement was very much the same as last year and that he had received a 3% raise then, but not with this agreement. A motion by Commissioner Kumberg to approve the City Attorney agreement between the City of Pratt and Mr. Ken Van Blaricum. The motion was seconded by Commissioner Skaggs and carried unanimously.

CONSIDERATION AND APPROVAL OF ORDINANCE 1213 AMENDING CLASSIFICATION AND COMPENSATION OF HOURLY EMPLOYEES AND SALARIES OF ELECTED AND APPOINTED OFFICERS AND EMPLOYEES OF THE CITY OF PRATT:

Mr. Van Blaricum stated that this ordinance basically brings the salary schedules up to date. The following Ordinance 1213 was then presented to the Commission for their approval: AN ORDINANCE AMENDING ORDINANCE 1110; CLASSIFICATION AND COMPENSATION OF HOURLY EMPLOYEES AND SALARIES OF ELECTED AND APPOINTED OFFICERS AND EMPLOYEES OF THE CITY OF PRATT, KANSAS. A motion by Commissioner Taylor to adopt Ordinance 1213 amending the classification of employees of the City of Pratt was seconded by Commissioner Skaggs and carried unanimously.

CONSIDERATION AND APPROVAL OF RESOLUTION 120312A DEFINING THE BOUNDARIES OF THE CITY OF PRATT:

Mr. Van Blaricum stated that this was routine business at the end of the year and this was updated by Mr. Alan Luttrell from EBH Engineering. Mr. Van Blaricum commented that this was the same as last year, but reflected the addition of the annexations done in 2012. Commissioner Skaggs commented that it would be nice to have the additions highlighted so that we know where they are.

The following Resolution 120312A was then presented to the Commission for their approval: A RESOLUTION DEFINING THE BOUNDARIES OF THE CITY OF PRATT, KANSAS, AND REPEALING RESOLUTION NO. 121911A. Commissioner Skaggs made a motion to adopt Resolution 120312A defining the boundaries for the City of Pratt and repealing Resolution 121111A. The motion was seconded by Commissioner Taylor and carried unanimously.

CONSIDERATION AND APPROVAL OF RESOLUTION 120312 EXEMPTING THE CITY OF PRATT, KANSAS FROM THE REQUIREMENTS OF K.S.A. 75-1120A(A) PROVIDING FOR UNIFORM SYSTEM OF FISCAL PROCEDURES, ACCOUNTING, AND REPORTING FOR MUNICIPALITIES:

Mr. Van Blaricum stated that this resolution states that we report out financials on a cash basis. Finance Director Diana Garten stated that this was a resolution that had to be approved each year that exempted the City out of general accepted accounting principles, which was of no benefit to us, but was required by the auditors.

The following Resolution 120312 was then presented to the Commission for their approval: A RESOLUTION EXEMPTING THE CITY OF PRATT, KANSAS FROM THE REQUIREMENTS OF K.S.A. 75-1120a(a) PROVIDING FOR UNIFORM SYSTEM OF FISCAL PROCEDURES, ACCOUNTING, AND REPORTING FOR MUNICIPALITIES. A motion by Commissioner Kumberg to approve Resolution 120312 as written was seconded by Commissioner Detwiler and carried unanimously.

OPEN AGENDA:

• Luca Matei comments:

Mr. Luca Matei commented to the Commission that he had tried to take something to the recycling center and they thought that he was from the motel, but he told them that he was from rental properties. Commissioner Taylor commented that that was a County matter and not City. Mr. Matei stated that he had to pay to have a mattress or TV taken off.

Mr. Matei commented that there were problems with tenants where the police were called and there were big damages. Mr. Matei stated that the Commission works for us. Commissioner Taylor questioned if Mr. Matei was not being notified of damage to property. Chief Myers stated that they notify the landlord or owner if they had to kick down the door but, if two people were fighting, the officers should notify them and a criminal damage to property report filled out. Chief Myers stated that he would check to make sure that was happening. Mr. Matei stated that renters lie, so he needs access to that information. Mr. Matei commented that he does not have access to addresses if a tenant takes off. Commissioner Detwiler questioned if the owner was in violation if there was drug activity on their property. Mr. Van Blaricum stated that the people were in violation and they were accountable. Mr. Van Blaricum added that the owner was not accountable for the tenant committing a crime.

Commissioner Skaggs questioned if you could find out if they were felons before renting to them. Commissioner Taylor stated that you could do a back ground check and find out if they had any convictions. Mr. Matei commented that some people violate again and again. Mr. Van Blaricum stated that there were internet places to check any individual and, if Mr. Matei was not doing it, he should be. Commissioner Taylor stated that you do not have to rent to them and let them rehabilitate somewhere else. Mr. Van Blaricum clarified that, if a crime was committed on your property and it was an active case, you do not have the right to know about the investigation. Mr. Matei questioned why it was on the internet if nobody had the right to know. Mr. Matei added that many were charged, but others were falsely accused. Mr. Van Blaricum stated that Mr. Matei should learn to check out potential tenants. Mr. Matei commented that those people are taken to jail and then we pay more money, so rent is $400, but jail is $8,000. Mr. Matei questioned how we protect our interests.

REPORTS:

City Manager:

• KDWP Christmas party:

Mr. Howard commented that KDWP had extended an invitation to the Commission to attend their Christmas party on December 13th at noon. Mr. Howard stated that they wanted them to RSVP. Commissioner Taylor and Commissioner Kumberg stated that they would attend, but the others had prior commitments.

• Hospital meeting:

Mr. Howard stated that there would be a meeting tomorrow with hospital staff, their contractors and City staff to go over utilities. Mr. Howard commented that they would be working out details and they would bring them to the Commission in the next meeting.

• Patrick house:

Mr. Howard commented that the Patrick house had been removed east of town.

• Pre-conference meeting:

Mr. Howard stated that there had been a pre-conference meeting for the Wastewater Treatment Plant Improvement Project. Mr. Howard added that it should be a competitive bid.

• County planning meeting:

Mr. Howard informed the Commission that there was a County Planning meeting on December 17th and the BP project in Pratt County would be discussed.

Public Works:

• Department updates:

Public Works Director Rambat stated that the playground equipment for Loren Minnis Park had been ordered.

Mr. Rambat commented that the street department had been leveling areas on North Main to improve that area a little bit.

Mr. Rambat informed the Commission that the wastewater department had been applying weed killer to lines.

Mr. Rambat stated that Centennial Park was finished except for the water tap.

Mr. Rambat added that Mr. Kyle McCawley and his engineer would be out tomorrow to access the pool without the liner and to see where we were at. Mr. Rambat stated that we would try to get on a path to get started.

Inspections:

• Update on future projects:

Building Inspector Brad Blankenship informed Commissioner Skaggs that the thermostat had been installed at the Scout Cabin.

Mr. Blankenship stated that he had had a phone call from Graber Surveying and they should be starting on the Best Western Hotel by December 10th.

Mr. Blankenship commented that there should be some movement on the car wash this week or next week for sure.

Mr. Blankenship stated that there were plans for Parkwood Villege’s remodel of their kitchen and Arrowhead West facility was starting to roll.

Recreation:

• Employee Christmas dinner:

Recreation Director Bruce Pinkall stated that the City employee Christmas dinner would be on December 20th at noon at the Municipal Building. Mr. Pinkall added that they had invited the employees and board members.

• Downtown meeting:

Mr. Pinkall stated that he had finished up his meeting with the businesses downtown and there would be a meeting Thursday evening and they had been invited individually. Mr. Pinkall commented that the agenda would be structured so they could get in and out. Mr. Pinkall stated that they would listen to their thoughts and have EBH give them ideas if we were to proceed. Mr. Howard stated that he had heard both ways on liking and not liking the idea of another Main Street project. Mr. Pinkall added that this meeting was not just for the Main Street businesses and that anyone who was interested could attend.

Power Plant:

• Year-end inventory:

Power Plant Superintendent Ernie Smith informed the Commission that the power plant had been working on year-end inventory and continuing to work on preventive maintenance.

Finance Dept.:

• Sales Tax for November:

Finance Director Diana Garten stated that the City was up $170,900 in sales tax from last year. Ms. Garten commented that, if we keep going as we had been, we would break $2 million, which would be an all time high.

• Auditors:

Ms. Garten informed the Commission that the auditors would be here Wednesday for their preliminary work and then they would be back to do field work in the spring.

Commission:

• Loud Christmas music:

Commissioner Detwiler commented that the volume on the music in Lemon’s Park was very loud and questioned if anyone could turn it down. Mr. Pinkall stated that he had a key and would go see if he could turn it down.

• Landscape Ordinance:

Commissioner Taylor questioned if Mr. Blankenship had anything on the landscape ordinance. Commissioner Taylor suggested bringing one in so that we could get it started. Mr. Blankenship stated that he would do that.

ADJOURN:

Commissioner Detwiler made a motion to adjourn that was seconded by Commissioner Taylor. The motion and second carried unanimously.

_______________________________________

BILL D. HLAVACHICK, Mayor

(SEAL)

ATTEST:

_______________________________________

LUANN KRAMER, City Clerk

12/17/12-City Commission Meeting Agenda

MONDAY

DECEMBER 17, 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 03, 2012 Regular City Commission Meeting

5. BUSINESS:

5.1 Consideration and Approval of Resolution 121712 Determining the Advisability of Issuing Taxable IRB”s for Commercial Hotel Facility Construction – Sarah Steele, Gilmore & Bell; Prime Hospitality Inc. Representative; Dave Howard, City Manager; Ken Van Blaricum, City Attorney

5.2 Discussion Concerning City of Pratt Animal Ordinance 0802 – Jenna Lewis

5.3 Discussion on Request for City’s Participation in the Purchase of New Transformers, Switch Gear and Related Electrical Equipment for the PRMC Construction Project – Dave Howard, City Manager; Kelly Hemphill, Dir. of Electric Utilities

5.4 Discussion on Vacating City Property for PRMC Construction Project – Dave Howard, City Manager

5.5 Consideration and Approval of Recommendation for the Replacement of Glenna Borho on the ED Board – Jan Scarbrough, Chamber Director (Item 1 on Memo)

5.6 Consideration and Approval of Re-Appointments to the Tourism Board – Jan Scarbrough, Chamber Director (Item 2 on Memo)

5.7 Consideration and Approval of 2013 CMB Application for Prime Time – Gary Myers, Chief of Police

5.8 Consideration and Approval for the Purchase of a Collection System/Pipe Camera for the Wastewater Treatment Plant – Russell Rambat, Public Works Director

5.9 Discussion on Streetscape Project – Bruce Pinkall, Recreation Director; Dave Howard, City Manager

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

7. REPORTS

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

8. ADJOURN

11/19/2012-Approved City Commission Meeting Minutes

MONDAY

NOVEMBER 19, 2012

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

PRESENT:

Bill Hlavachick, Mayor

Jeff Taylor, Commissioner

Gary Skaggs, Commissioner

Karen Detwiler, Commissioner

Lucus Kumberg, 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

Gary Myers, Chief of Police

Brad Blankenship, Building Inspector

Kelly Hemphill, Dir. of Electric Utilities

Bruce Pinkall, Recreation Director

CALL TO ORDER:

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

INVOCATION AND PLEDGE OF ALLEGIANCE:

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

MINUTES:

Commissioner Detwiler made a motion to approve the minutes of the November 05, 2012 regular Commission meeting. The motion was seconded by Commissioner Skaggs and carried unanimously.

BUSINESS:

PRESENTATION OF CITY SERVICE AWARDS:

Mayor Hlavachick presented service awards to several City employees including Ms. Mary Hammond with 35 years of service and Mr. Edwin Gould with 40 years. Mayor Hlavachick stated that this was one of his favorite things to do as Mayor and this showed that the City had many loyal employees.

CONSIDERATION AND APPROVAL OF THE PRATT AREA HUMANE SOCIETY AGREEMENT:

City Attorney Ken Van Blaricum stated that this was a similar agreement as last year, but with cosmetic and date changes. Mr. Van Blaricum commented that this agreement was for the calendar year 2013 and the City would continue to pay the Humane Society $2,500 per month and credit them $6,000 for utilities per year.

Mr. Van Blaricum pointed out #4 of the agreement that states that the City would pick-up, transport and deliver all strays or ownerless animals within the City to the Humane Society and animals otherwise in violation of the City Ordinance. Commissioner Skaggs questioned if they could receive pit bulls and other dangerous animals. Commissioner Kumberg questioned why that clause was in the agreement if there were other means of dealing with vicious animals. Mr. Van Blaricum explained that the City’s procedure was to deliver the animal, but it was not the Humane Society’s responsibility and the City would most likely transfer them to a vet or have them euthanized. A member of the audience and representing the Humane Society commented that they wanted #6 changed, but wanted two things added and they were if the animal had a history of biting and the other was if the owner was adjudicated and would not relinquish ownership. Commissioner Skaggs clarified that they had no problem receiving pit bulls. The audience member stated that they had questions about #6.

Commissioner Taylor questioned if this was the same agreement as last year. Mr. Van Blaricum stated that it was and that the Humane Society was concerned about any animal whose owner was incarcerated. Commissioner Detwiler stated that she felt that #6 needed to be omitted altogether. Commissioner Taylor stated that we could leave it as it was since there was no recourse for pit bull dogs. City Manager Dave Howard stated that you could take out the words ‘pit bull’ altogether. Commissioner Taylor commented that dangerous or vicious could cover ones that had already bitten someone. The audience member stated that most laws say that a vet makes the determination that an animal is a pit bull or aggressive. Commissioner Taylor questioned if we leave a pit bull at the Humane Society if it is in the middle of the night. Mr. Howard stated that the City had cages at the vet and the Humane Society, but a very aggressive animal would be put down. Mayor Hlavachick questioned if the animal automatically goes to the vet if it had bitten someone. Commissioner Detwiler stated that, if the police are called about a dog bite, it goes to the City’s vet.

Commissioner Skaggs questioned if the agreement could be approved if they exclude the words ‘pit bull’. Mr. Van Blaricum stated that was right, but another concern was if the owner was incarcerated. Commissioner Detwiler explained that they had had an incident at the Humane Society where there was a bench warrant for a person going through town and they had a dog that was turned over to the Humane Society. Commissioner Detwiler added that they could not get hold of a relative and, after six weeks, went to Mr. Van Blaricum as the County Attorney and he released the dog to be the property of the Humane Society. Commissioner Taylor questioned how often this happens. Commissioner Detwiler stated that it was not very often. Commissioner Skaggs asked if the charges could be incurred during sentencing. Mr. Van Blaricum stated that they usually do, but was not very reliable. The audience member stated that they wanted this exemption because the City had more leverage.

Mr. Van Blaricum stated that this was an agreement that the parties needed to have. Mayor Hlavachick commented that no agreement would cover everything. Commissioner Taylor made a motion to approve the agreement for a year between the City and the Humane Society with the words ‘pit bull’ omitted. Commissioner Skaggs seconded the motion and it passed unanimously.

PRESENTATION BY DEWAYNE BRYAN, PRATT HEALTH FOUNDATION EXECUTIVE DIRECTOR:

Mr. DeWayne Bryan, Pratt Health Foundation Executive Director, informed the Commission that some leading causes of death were chronic diseases caused by physical inactivity and tobacco use. Mr. Bryan stated that the Pratt Health Coalition would like to work with the City and encourage a City with physical conditions by connecting fitness paths to other major living areas and encourage walking. Mr. Bryan commented that the Pratt Health Coalition would see what activities they could encourage for all age ranges.

Mr. Bryan stated that the City could encourage people to be more active and the hospital would work to have sidewalks around their facility for employees to use during their break instead of going for a pop. Mr. Bryan requested that the Commission submit a letter of recommendation. Mr. Bryan added that there were no expenditures for now, but the grant was down the road.

Mr. Bryan explained that the downtown beautification could include bike racks and that could encourage people to be active. Mayor Hlavachick commented that he had visited with Mr. Bryan and he was sure that the City would support this. Mr. Bryan read the sample letter of recommendation and the Commission were all in agreement that it be submitted.

Commissioner Skaggs questioned what the size of the grant was. Mr. Bryan stated that there was $25,000 the first year to hire a consultant and get the City’s committee together and the second year there would be additional funds to help build things. Mr. Bryan stated that he was also working with the schools since childhood obesity was a problem and this would be another way to address the problem. Mayor Hlavachick stated that this was coming down from the White House and First Lady Michelle Obama was adamant about this, so it was all linked together.

CONSIDERATION AND APPROVAL OF PROPOSAL FOR THE DEVELOPMENT OF CONCEPT PLANS & TRANSPORTATION ENHANCEMENT APPLICATION & PROPOSED ENGINEERING SERVICES CONTRACT FOR THE MAIN STREET STREETSCAPE:

Mr. Paul Stoner, EBH Engineering, reminded the Commission that he had been out to visit with them in August about the KDOT Enhancement Program and he now knew that the application deadline was February 15, 2013. Mr. Stoner stated that the proposal was to work with the City’s task force to submit an application to KDOT that involved three blocks and done in phases. City Manager Howard commented that Recreation Director Bruce Pinkall had been in communication with the downtown merchants.

Mr. Pinkall stated that he had gone to Topeka two weeks ago and this was going to be a very competitive program. Mr. Pinkall explained that there was $15 million to be used in three categories and we would be in the scenic category. Mr. Pinkall added that Mr. Scott Shields from St. John had mentioned that we should consider phasing in our project and to keep the application under $1 million, but it was recommended at the meeting that it be kept in the $700,000 to $800,000 range. Mr. Stoner stated that this was the last go around for this money and it would have a different look going forward. Mr. Stoner added that there would be a lot of competition.

Mr. Pinkall stated that he had contacted the downtown businesses either by email or post office about the grant process, but he had not personally talked to all of them. Mr. Pinkall added that he had taken a handful of phone calls and emails with some expressing their approval and others expressing other thoughts. Mr. Pinkall stated that a committee of that group would help make the design concept even though a few were concerned that it was coming on the heels of the Main Street Project. Mr. Pinkall added that he had been getting out the information that the project would not start until 2014, so there would not be an immediate change. Commissioner Taylor questioned if the three blocks would not be as extensive as the five blocks done during the Main Street Project. Mr. Howard stated that it stops at about four blocks.

Commissioner Skaggs questioned if we were more likely to get accepted if we scaled down our project. Mr. Pinkall answered that it was the dollar amount and not the scope of the project. Mr. Howard asked Mr. Stoner if they always tear out the concrete. Mr. Stoner stated that they do because you can tell where the old was and where the new is. Mayor Hlavachick questioned if there would be a concept that would not totally disrupt Main Street and still give us a better look. Mr. Stoner stated that they could put the power underground to clean up the look, but that also requires a significant amount of the sidewalk to be taken up.

Commissioner Detwiler stated that she had visited with the retail businesses on Main Street and some of them felt that the loss of businesses, such as Brungardt’s and Sunflower Consignment, had hurt them as well. Commissioner Detwiler added that they said they could not take another hit ever. Commissioner Taylor questioned if those concerns had been expressed to Mr. Pinkall. Mr. Pinkall stated that he had not visited with all the retail merchants. Commissioner Detwiler commented that she would not approve this unless she knew that the retail merchants were on board, but they were concerned about the trees. Mr. Pinkall stated that they would prefer that there were no trees, because it blocks the store fronts. Commissioner Detwiler stated that our Main Street was attractive and Great Bend did not hold a candle to us. Commissioner Detwiler continued stating that they did not want anything major. Mr. Pinkall explained that he had not visited with the merchants about a dollar amount, but had talked to them about being involved and he had not heard anything that strong.

Mayor Hlavachick questioned if there would be no front parking for the businesses. Mr. Stoner stated that they would do one side at a time block by block. Mr. Stoner explained that they would have the contractor build a walkway so that there was access to the store front. Commissioner Skaggs questioned the condition of the buried conduit. Director of Electric Utilities Kelly Hemphill commented that the conduit had been damaged from age and settling. Commissioner Skaggs asked if we would have to take out the entire sidewalk or if we could cut out a channel and put new concrete in. Mr. Howard clarified that the point of the grant was to beautify downtown and not just do sidewalk replacement.

After a brief discussion on the planters and the irrigation system, Mr. Stoner stated that this was the last shot at the old program and the new program would have the federal money coming down a different way. Commissioner Skaggs questioned if we were going to spend $7,500 on the application process whether we were approved for the grant or not. Mr. Stoner stated that was correct and, with the holidays, the February 15th deadline would allow a few public meetings to get their feedback. Mr. Pinkall stated that some wanted to be involved and that included some retail merchants.

Commissioner Skaggs made a motion to approve the $7,500 for the grant application. Commissioner Kumberg seconded the motion. Commissioner Detwiler questioned if we would go ahead with the project if a majority of the merchants were against it. Mr. Pinkall stated that that would not be right. Public Works Director Russell Rambat stated that they would get that information from the group. Mr. Howard explained that everyone would be invited to the meetings and the committee would be made up of some of those people. Commissioner Detwiler stated that she would like to see personal visitations take place. Mr. Pinkall stated that he would do that and he had done that multiple times during the other project. Mayor Hlavachick commented that this would get us to the first step and asked for a vote on the motion and second. The vote was unanimous to approve the $7,500 for the grant application.

CONSIDERATION AND APPROVAL OF THE RE-PLAT OF LOT 2, BLOCK 6 IN THE LEMON-WITHERS DIVISION:

City Manager Dave Howard stated that this was the area where the new motel was going to go and was also where the Commission had approved the annexation a few weeks ago. Mr. Howard added that this was not all of Block 6, but just a piece.

Mr. Howard explained that the minutes that were in the packet were not signed, but had been approved at the Planning and Zoning meeting last week. Commissioner Skaggs questioned if this motel would have the same format as the others. Mr. Howard commented that they would be close, but they had not bought the whole block. Commissioner Skaggs commented that they were not as far back and you end up with ‘no man’s land’ in the back. Mr. Howard explained that Mr. Withers had plans for that land. Commissioner Kumberg made a motion to accept Ordinance 1212 for the zoning classification for Lot 2, Block 6 and the replat of the lot. Commissioner Taylor questioned if we should do this as two separate motions. Mr. Howard stated that that would be better. Therefore, Commissioner Skaggs made a motion to approve the replat of Lot 2, Block 6 in the Lemon-Withers Addition. Commissioner Taylor seconded the motion and it passed unanimously.

CONSIDERATION AND APPROVAL OF ORDINANCE 1212 AMENDING ZONING CLASSIFICATION FOR LOT 2, BLOCK 6 IN THE LEMON-WITHERS ADDITION:

Mr. Howard stated that we needed this ordinance for the zoning and not the replat. The following Ordinance 1212 was then presented to the Commission for their approval: AN ORDINANCE ESTABLISHING A ZONING CLASSIFICATION FOR LOT 2 IN BLOCK 6 IN THE REPLAT OF BLOCK 6 OF LEMON-WITHERS ADDITION TO THE CITY OF PRATT UNDER THE AUTHORITY GRANTED IN THE ZONING AND SUBDIVISION REGULATIONS OF THE CITY OF PRATT, KANSAS, AS INCORPORATED IN THE CITY CODE. A motion by Commissioner Kumberg to approve Ordinance 1212 establishing zoning for Lot 2 in Block 6. Commissioner Taylor seconded the motion and it carried unanimously.

CONSIDERATION AND APPROVAL OF ORDINANCE 1210 AMENDING ELECTRIC UTILITY DEPOSITS:

Mr. Van Blaricum stated that the Commission had discussed increasing the deposits for electric service and Ordinance 1210 raises it to $200 and allows the City Clerk to waive a deposit if the potential customer had a letter of credit.

The following Ordinance 1210 was then presented to the Commission for their approval: AN ORDINANCE AMENDING SECTION 13.20.030 OF THE PRATT MUNICIPAL CODE, APPLICATION FOR ELECTRIC SERVICE—DEPOSIT AND FEES. Commissioner Skaggs made a motion to adopt Ordinance 1210 amending the electric utility deposits. The motion was seconded by Commissioner Kumberg and carried unanimously.

CONSIDERATION AND APPROVAL OF ORDINANCE 1211 AMENDING THE LATE PAYMENT CHARGE ON DELINQUENT UTILITY BILLS:

Mr. Van Blaricum stated that the late charges would be raised from 2% to 5% as per the Commission’s discussion and this ordinance made it official.

The following Ordinance 1211 was then presented to the Commission for their approval: AN ORDINANCE AMENDING SECTION 13.20.120 OF THE PRATT MUNICIPAL CODE OF THE CITY OF PRATT, KANSAS, BILLING AND PAYMENT. Commissioner Taylor made a motion to adopt Ordinance 1211 amending the late payment charge on delinquent charges from 2% to 5%. The motion was seconded by Commissioner Detwiler and carried unanimously.

CONTINUED CONSIDERATION AND APPROVAL OF PLAY EQUIPMENT FOR LOREN MINNIS PARK ON SOUTH MAIN STREET:

Public Works Director Russell Rambat stated that he had checked with the company for fill chips pertaining to the play equipment for Loren Minnis Park and he was not comfortable going local. Mr. Rambat explained that there were certain specifications that had to be met and he was satisfied with their quote. Mr. Rambat commented that he had added a quote from another play equipment company and the prices were similar. Mr. Rambat stated that the original quote from Children’s Specialties Inc. was $27,757 and Lil Tykes came in at $27,882.45.

Commissioner Skaggs questioned if we had done business with these companies. Mr. Rambat stated that we had bought the play equipment for Hampton-Pennock and Gebhart Parks from Lil Tykes. Commissioner Taylor commented that the equipment from Children’s Specialties looked like it had more for the kids to do. Commissioner Detwiler made a motion to accept the first option from Children’s Specialties for $27,757. The motion was seconded by Commissioner Skaggs. Commissioner Skaggs questioned if the chips were included. Mr. Rambat stated that the timber was included. Commissioner Kumberg questioned where the money was coming from for the equipment. Finance Director Diana Garten explained that the alcohol tax goes into a special parks fund and can be used for parks and recreation. The motion and second passed unanimously.

CONSIDERATION AND APPROVAL OF COSTS ASSOCIATED WITH THE REPLACEMENT OF 115 THOUSAND VOLT DIFFERENTIAL PROTECTION RELAYS:

Director of Electric Utilities Kelly Hemphill commented that he had sent out three quote requests for three voltage transformers to replace the relay protections and three had been returned. Mr. Hemphill explained that Stanion Wholesale Electric submitted a bid of $9,850 each with a lead time of 29-30 weeks for a total of $29,500 without tax, Kriz-Davis turned in a bid of $9,855 each with a lead time of 20-22 weeks for a total of $29,565 and Instrument Transformer Equipment Corporation’s bid was $6,197 each with a lead time of 16-18 weeks for a total of $18,591 without tax. Mr. Hemphill added that this had been budgeted for in production’s capital outlay equipment fund.

Mr. Hemphill recommended to the Commission the low bid from ITEC. Mayor Hlavachick questioned where this company was from. Mr. Hemphill stated that it was out of North Carolina. Commissioner Detwiler made a motion to accept the bid from ITEC for $18,591 for replacement of protection relays. The motion was seconded by Commissioner Taylor and carried unanimously.

OPEN AGENDA:

No one in the audience wished to address the Commission.

REPORTS;

City Manager:

• Building for Christmas lights:

City Manager Howard commented that he had forgotten to mention that there was a building in Lemon’s Park that they would be using to store Christmas lights, so we would not have to worry about adding on to the existing building. Mr. Howard stated that Ms. Deb Goyen had seen the building and was thrilled to have it and the location was great.

• Sandy Creek Addition:

Mr. Howard stated that he had met with EBH on the Sandy Creek Addition and they were getting the bid documents together. Mr. Howard explained that we were looking at the City doing the electric and water and the contractor doing everything else. Mr. Howard commented that there would be fourteen to sixteen lots and the bid process would give us an idea of what this phase would be and would help determine costs. Commissioner Taylor questioned if the electrical would be buried. Mr. Howard stated that it would be. Mr. Howard explained that we would be doing the water, sewer and electrical at some cost to the City and we would probably have to rent some equipment.

• Withers Addition:

Mr. Howard stated that we would be extending the sewer line about 450’ in the Withers Addition to service another building and there would be another building towards the college sometime later.

Public Works:

• Year End Activities:

Public Works Director Rambat stated that the departments were doing their year end inventory and winding down spending.

Mr. Rambat commented that the street department would be doing some crack sealing around town and the water department staff had been working on well maintenance and getting into winter mode.

Inspection Department:

• Aaron’s:

Building Inspector Brad Blankenship commented that Aaron’s was coming to town and should open around December 17th.

• Building updates:

Mr. Blankenship stated that the storage facility south of City Hall was moving along quickly. Mr. Blankenship added that the plans for the future hotel and Arrowhead West should be to him soon and they would be getting started. Commissioner Skaggs asked if the new landscape process was in effect. Mr. Blankenship stated that there was a lot to that and he had already sent the hotel owners the fees.

Electric Departments:

• Maintenance:

Director of Electric Utilities Hemphill commented that the power plant was doing maintenance on the diesel engines and the line guys were finishing up the Christmas decorations and doing equipment maintenance.

Recreation Department:

• Christmas promotions:

Recreation Director Pinkall stated that he had been coordinating with the Chamber on the Christmas promotions.

• Bike group:

Mr. Pinkall stated that the bike group would be back in town the middle of December to finalize things. Mr. Pinkall added that their three day stay in Pratt was very successful.

Power Plant:

• Tours:

Power Plant Superintendent Ernie Smith stated that the freshman science class from Pratt High School would be coming on the 28th and 29th for a tour of the power plant at 9 a.m. and 2 p.m.

Mayor:

• Shield for old equipment:

Mayor Hlavachick questioned if there had been anymore thought on something that would shield the old equipment on the south side of Sandy Creek. Mayor Hlavachick stated that we should talk to Park Superintendent Mark Eckhoff on the best time to transplant trees and on a drip system for trees. Mr. Howard suggested using panel walls, but he was not sure of the cost. Commissioner Taylor questioned what the height of those panels would be. Mr. Howard answered that they could be whatever you wanted.

• County Lake:

Mayor Hlavachick stated that the County Lake was coming along and there was a new office and maintenance building out there. Mayor Hlavachick stated that Arensdorf Construction had done a good job.

Commission:

• Court of Tax Appeal document:

Commissioner Detwiler questioned the document about the hearing with the Court of Tax Appeals involving Covenant Housing. Mr. Van Blaricum explained that this came from the request from Covenant Housing for the City to file a tax exempt application, which we were required to do according to the lease. Mr. Van Blaricum stated that they sAt on this for several years and, when we would not sign, they sued us. Mr. Van Blaricum commented that we had to sign the application, but we retained the right to appear in Topeka to argue that they neglected this application for several years.

Mr. Van Blaricum stated that this was a phone conference and County Counselor Bob Schmisseur was also in the loop due to our relationship with Covenant Housing and the application filed with the County Appraiser. Mr. Van Blaricum reminded the Commission that Commissioner Skaggs had questioned if he (Mr. Van Blaricum) would be present at the hearing and he stated that he could do that, but Mr. Schmisseur was in a position to handle this. Mr. Van Blaricum stated that this would determine how the partiers were to proceed. Commissioner Kumberg questioned if the tax years were from 2005 to the current date. Mr. Van Blaricum explained that 2005 was the first date issued and the others would fall into place.

• Speed limit signs:

Commissioner Detwiler thanked Mr. Rambat for the speed limit signs on Santa Fe Road.

• KDWP sewer line:

Commissioner Skaggs questioned if KDWP had connected to the City sewer system yet. Mr. Howard stated that they had tied into the manhole and were working on the lift pumps at KDWP.

• Lemon Park lights:

Commissioner Kumberg extended a thank you to everyone that helped put up the Lemon Park lights and that included the electric department and fire department.

ADJOURN:

Commissioner Skaggs made a motion to adjourn that was seconded by Commissioner Detwiler. The motion and second passed unanimously.

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BILL D. HLAVACHICK, Mayor

(SEAL)

ATTEST:

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LUANN KRAMER, City Clerk