Approved Minutes of Recessed Meeting w/County 10/6/08

MONDAY

OCTOBER 06, 2008

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

PRESENT: Eric Nystrom Mayor
Glenna Borho Commissioner
Jeff Taylor Commissioner
Bill Hlavachick Commissioner
Willy Peltier Commissioner

ALSO PRESENT: Dave Howard City Manager
LuAnn Kramer City Clerk
Ken Van Blaricum City Attorney
Sherry Kruse County Clerk
Charles Rinke County Commissioner
Joe Reynolds County Commissioner
Dwight Adams County Commissioner
Gordon Stull County Counselor

CALL TO ORDER:

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

BUSINESS:

DISCUSSION ON HEIGHT RESTRICTION IN CITY AND COUNTY PERTAINING TO THE AIRPORT:

Mr. Reid Bell, Airport Manager, informed the Commissions that the Pratt Airport was rated as Regional, which was just under a Commercial rating. Mr. Bell explained that to have a Commercial rating you have to have longer runways and that they had been rated as Business until runway construction upgraded them to the Regional rating. Mr. Bell commented that the Pratt Airport was one of twenty airports that have the type of runway lights that use a beacon type light. Commissioner Borho questioned how many airports were rated as Regional. Mr. Bell stated that Goodland and Pratt were the current ones and that Oberlin had been but was dropped back to business due to lack of upgrades. Mr. Bell stated that an entity of Chicago was looking in our area and if wind generators were in that area, we would lose approaches and lose funding. Commissioner Borho questioned how many miles of clearance you need. Mr. Bell answered that it currently was 34 to 1, but he would want it 50 to 1. Commissioner Peltier asked about height restrictions. Mr. Bell stated that there were different criteria and that they do not want anything encroaching the air space. Commissioner Taylor commented that it was worth protecting to keep the Regional status and any funding available. Mr. Bell commented that microwave towers and wind generators can go up anywhere due to lack of zoning in the County. Commissioner Taylor questioned if the 3-mile area was as close as we could go for zoning issues. Counselor Gordon Stull stated that the zoning statute states that the entity within has the jurisdiction and the City is the only one that has that authority. Mr. Bell commented that he has nothing against wind generators, but that he does not want the adverse effect that they could cause. Commissioner Taylor commented that they have nothing in place to prevent someone from putting up something that would affect it later. Mr. Bell stated that if we do not protect the airspace, we have to pay back everything and that is considered a breach of contract for the grant. Mr. Stull commented that this statute had been in existence since 1947 and has never been challenged. Mr. Bell stated that they are making airports accountable and if wind generators go up, they punish the airport in that they are ineligible for any grant funds. City Manager Dave Howard commented that we need to see what they are talking about and how it is extended by a 3-D drawing. Mr. Howard added that if you plant a tree you would have to get a permit and you cannot regulate that in the County. Mr. Howard stated that the City does not issue permits in the County and even though the City has jurisdiction, no one in the County has to come in the City for a permit and we would not know if there is anything being built or put up. Mr. Howard continued stating that if we found out after the fact, then the City would have to have them tear it down and that he did not disagree with doing an ordinance, but that we have to make it useful to us. City Attorney Ken Van Blaricum commented that this was a model ordinance and we could work with it. Mr. Howard stated that the City taking over building permits in the County or zoning in the County was a deeper discussion and there would be a lot of ramifications. Mr. Bell commented that in Grant County any new proposed construction became a joint effort and those permits would have to cross the Airport manager’s desk. Mr. Howard repeated that there was no zoning in the County so there were no permits issued. Mr. Bell answered that the City has the authority to implement the zoning in their air space. Commissioner Reynolds commented that land owners want the towers to come in here. Mr. Bell stated that we just needed to review it. Mr. Stull commented that an Airport zoning commission could be established and it could involve the City zoning board and the Airport Authority. Commissioner Peltier commented that in all reality a tower could pop up before we have time to put this in place. Commissioner Borho questioned if what we have now was okay for the Regional status. Mr. Bell stated that we want to protect that status, but if someone came in and put something up, it would ruin the whole thing. Mr. Stull commented that we should be able to come to an agreement without zoning. Mr. Howard commented that it would be a good idea to get the City’s planning and zoning board and the Airport board together. Mr. Howard stated that all of the land owners would have to be notified and we would need to know how to explain this to them. Mr. Howard commented that he would visit with the planning commission at their next meeting.

COMMENTS FROM PARKWOOD VILLAGE:

Ms. Kelly Thomas informed the Commissioners that Reflections had been in business for two years and that the floor plan was very open and there were a lot of happy families. Ms. Thomas stated that in the past six months several of their residents at Parkwood had declined and needed more attention, so they were able to be moved to Reflections if their family was agreeable. Ms. Thomas commented that they are able to stay in Reflections until time for a nursing home. Ms. Thomas informed the Commissioners that if a spouse is having surgery at the hospital, they can stay at Parkwood for $30 a day with meals and this was an effort to try and reach out to see what needs they can assist with. Commissioner Peltier asked how you can utilize that if it is late at night. Ms. Thomas stated that someone is available 24/7 and that she would be glad to put some information at the hospital.

DISCUSSION ON PRAIRIE STAR HEALTH ISSUE:

Commissioner Reynolds stated that the doctors were not agreeable with the Prairie Star issue. Commissioner Adams stated that the County was looking at expanding the Health Department for people who cannot get medical care. Commissioner Borho commented that she was concerned with the financial questions they could not answer at the meeting she had attended. Commissioner Adams commented that private pay does not always mean Medicare or Blue Cross Blue Shield. Commissioner Reynolds noted that it would be better pay for Medicare and Medicaid. Commissioner Peltier stated that private pay is deceptive and that most do not have any means to pay for medical bills. Mr. Howard asked if emergency rooms were being used by people who cannot pay. Commissioner Peltier stated that you get a mix. Mr. Howard questioned if Commissioner Peltier sees that as a problem. Commissioner Peltier stated that private pays are not going to pay anyone and that Medicaid used to pay $55 per visit no matter what the reason was. Commissioner Reynolds commented that the hospital has to write so much off, because they are losing money. Commissioner Adams commented that there are similar problems with the Health Department and this program was to work with the Health Department and that the County Commission did not go out looking for this, that they had come to them. Commissioner Taylor questioned if the County owned all four floors at the hospital. Commissioner Adams stated that they did and that this program would be in another location. Mayor Nystrom asked where the other facility would be located. Commissioner Adams stated that it would be on the corner of Highway 54 and Howard Street and that it would be somewhat storm proof and house an ambulance and rescue vehicle.

NO SMOKING BAN:

Commissioner Reynolds asked if the City had thought about a no smoking ban in public places. Commissioner Rinke stated that Legends and the Pizza Hut were already non-smoking. Commissioner Adams added that Woody’s was also. Mayor Nystrom stated that the Club D’Est wants us to take the responsibility of making them go smoke free. Mr. Stull commented that if New York did it, everyone should be able to do it. Mr. Van Blaricum commented that it had been discussed that PCC go to a non-smoking campus. Commissioner Peltier commented that the hospital did that and that it was unenforceable outside. Commissioner Hlavachick commented that the businesses should handle it and leave the Commission out of it.

NEXT MEETING:

The County Commissioners left the meeting at 1:25 p.m., but discussed the next meeting date being set for February 02, 2009 at City Hall.

DISCUSSION ON HOUSING DEVELOPMENT:

City Manager Dave Howard commented to the Commission that he would like to know what everyone thinks about the future housing development with everything that has happened in the last few weeks. Commissioner Taylor stated that the Southern Baptist Church was concerned because they had wanted to purchase land from Blake Himmelwright for some time to expand the church and they wondered how we would feel about them purchasing part of that land. Commissioner Taylor added that the church did not want to get land locked and that Reverend Fleener would be at the meeting tonight to discuss the purchase of 2.4 acres west of the church. Commissioner Borho asked why they had not thought of this before. Commissioner Taylor stated that they did not think there was a big rush. Mr. Howard commented that the church was an issue, but the bigger issue was if we were going to do it. Commissioner Borho commented that we had been discussing this for many months before the crash on Wall Street and we should purchase the land for the extension of Maple Street and let the development come later. Commissioner Taylor commented that he was getting cold feet not because of the economy of Pratt, but of the nation. Commissioner Taylor added that if oil and grain go down it could hurt our economy. Commissioner Taylor questioned the property behind Wal-Mart and developing it. Mr. Howard stated that it would have to be annexed, zoned and replated and it would make an ideal place with Wal-Mart and the ball park right there. Commissioner Peltier stated that the land was not a location that was appropriate for housing and that the land in Pratt was full. Commissioner Hlavachick commented that South Central Foundation had commented that they are looking for low to medium housing and this development was at the top. Commissioner Peltier commented that the cheapest entry level house could not be built for less than $150,000 and these would not be entry level homes. Mayor Nystrom commented that it was phenomenal what was happening in town. Mayor Nystrom stated that we should purchase the land and identify it to a realtor. Mr. Howard stated that we should purchase the land and develop Maple Street and see what happens.

Mr. Howard commented that we were getting a new motel and that they had closed on the property south of Comfort Suites. Mr. Howard stated that if we buy the land and develop the street, then we could start engineering and evaluate the economy in the meantime. Commissioner Taylor stated that it might be wise to do a survey. Mr. Howard commented that we could get an article in the paper and have people let us know what they think. Mr. Howard stated that Maple Street should be a separate project and that, while we are engineering Maple Street, we could tie in the other piece of road and if the economy goes bad, we can do the development 20 years down the road. Commissioner Peltier stated that he disagreed and that you do not want to go 20 years without development in Pratt. Commissioner Taylor stated that we should do Maple Street and then when people drive by that area, they may see that that would be a nice place to build. Commissioner Taylor added that purchasing the land does not obligate us to develop it.

Mr. Howard showed the Commission the land that the church was interested in and commented that we were being asked to make a decision before we know what we are doing. Mayor Nystrom commented that it should go on an agenda since we are dealing with taxpayer’s money and we do not want any surprises. Commissioner Taylor questioned doing a revised agenda for tonight’s meeting to discuss the purchase of the property from Himmelwright Trust and Pratt Well Service. Mr. Howard stated that we should give the people notice by publishing it in the paper and then have it on an agenda. Mayor Nystrom stated that the Commissioners are in agreement that Mr. Howard had their permission to get options on the land.

ADJOURN:

A motion by Commissioner Borho to adjourn. The motion was seconded by Commissioner Hlavachick and carried unanimously.


_______________________________________
ERIC NYSTROM, Mayor



(SEAL)

ATTEST:

______________________________________
LUANN KRAMER, City Clerk

**Change on page 3, by motion, to omit that Woody’s was also a non-smoking establishment.

Approved Minutes 10/06/08

MONDAY

OCTOBER 06, 2008

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

PRESENT: Eric Nystrom Mayor
Glenna Borho Commissioner
Jeff Taylor Commissioner
Bill Hlavachick Commissioner
Willy Peltier Commissioner

ALSO PRESENT: Dave Howard City Manager
LuAnn Kramer City Clerk
Ken Van Blaricum City Attorney
Diana Garten Finance Director
Russ Rambat Public Works Director
Steve Holmes Chief of Police
Bruce Pinkall Recreation Director

CALL TO ORDER:

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

MINUTES:

A motion by Commissioner Hlavachick to approve the minutes of the September 15, 2008 regular Commission meeting. The motion was seconded by Commissioner Borho and carried unanimously.

OPEN AGENDA:

Reverend Bob Fleener of the Southern Baptist Church addressed the Commission concerning purchasing 2.4 acres of land that the newspaper had mentioned the City was buying from Blake Himmelwright. Rev. Fleener commented that Mr. Himmelwright had said that he could not sale due to the contract with the City and they do not know how to proceed. Rev. Fleener added that they do not want to get landlocked and have no room to grow. Mayor Nystrom stated that the City did a preliminary drawing for the media and that we have not exercised the right to purchase. Mayor Nystrom added that to sell any form of the property would require the City to do an engineer study and that had not been started yet. Mayor Nystrom commented that he was not negative on the church having some of the property, but we do not know the boundaries. Commissioner Borho commented that we were glad to know the church’s plans. Commissioner Taylor stated the City did not want to land lock the church, but it was too early to dedicate property to be sold. Commissioner Taylor added that he was in favor of some sort of expansion of the church’s property and that the City has the church’s best interest at heart. City Manager Dave Howard stated that if the City obtains the property, it would be nice to see how the expansion of the church would be laid out so that can be considered when designing the Maple Street project. Commissioner Taylor added that the project would make an easy access off of the extension of Maple Street. Mr. Howard commented that if we know their plans it would help us to know where to place curb cuts. Mayor Nystrom commented that we should know more after the first of the year and that the City was moving cautiously with all of the things happening in the world. Reverend Fleener thanked the Commission for their time. Mayor Nystrom stated that we would keep them informed.

BUSINESS:

PUBLIC HEARING REGARDING THE KANSAS WATER SUPPLY LOAN FUND:
1. OPEN PUBLIC HEARING BY MOTION:

A motion by Mayor Nystrom to open the public hearing concerning the Kansas water supply loan fund. The motion was seconded by Commissioner Taylor and carried unanimously.

2. DISCUSSION ON KANSAS WATER SUPPLY LOAN:

Alan Luttrell, EBH Engineering, stated that the purpose of the hearing was to go over the scope of what we were doing. Mr. Luttrell commented that the City would be replacing water line from First Street to Sixth Street in conjunction with the Main Street Project. Mr. Luttrell informed the Commission that the water line was well over 50 years old and you do not want to have to come back and patch it later. Mr. Luttrell stated that the City has received a Geo improvement grant thru KDOT and have two applications thru KLINK, but they do not pay for curb and gutter replacement. Mr. Luttrell commented that the project costs a year ago were over $1,000,000 and that it was a 2011 project; which the state’s fiscal year would start in July 2010. Mr. Luttrell stated that the loan can be for up to 20 years and the current interest rate was at 3.75%. Mr. Luttrell commented that there is a downtown improvement project thru KDOT that pays 80/20 and a lot of little things could be done at the same time that would be beneficial to the downtown. City Manager Dave Howard commented that the business owners have not been informed of what could be involved with the improvement project and that it would add time to the project. Mr. Luttrell commented that this was the most economical way to get things done.

3. CLOSE PUBLIC HEARING BY MOTION:

A motion by Commissioner Borho to close the public hearing. The motion was seconded by Commissioner Peltier and carried unanimously.

CONSIDERATION AND APPROVAL OF RESOLUTION 100608 AUTHORIZING COMPLETION OF APPLICATION TO KDHE REGARDING LOAN:

Mr. Luttrell stated that this resolution was needed to complete the application and authorizes the City Manager and City Clerk to be the official signers of the application.

The following Resolution 100608 was then presented to the Commission for their approval: A RESOLUTION AUTHORIZING THE COMPLETION OF AN APPLICATION TO THE KANSAS DEPARTMENT OF HEALTH AND ENVIRONMENT REGARDING A LOAN FROM THE KANSAS PUBLIC WATER SUPPLY LOAN FUND. A motion by Commissioner Borho to adopt Resolution 100608 authorizing the completion of an application to KDHE regarding the loan from the Kansas Public Water Supply Loan fund. The motion was seconded by Commissioner Taylor and carried unanimously.

CONSIDERATION AND APPROVAL OF CONTRACT TO HAVE EBH AS ENGINEER ON MAIN STREET PROJECT:

Mr. Luttrell stated that this contract was also part of the application process. Mr. Luttrell commented that the contract was for the water line design from First Street to Sixth Street and that part B showed that it would be on a per hour basis. Mr. Luttrell commented that we have the potential to not spend as much as stated. A motion by Commissioner Hlavachick to approve the contract for engineering services with EBH & Associates of Pratt for the water line project on Main Street. The motion was seconded by Commissioner Borho and carried unanimously.

CONSIDERATION AND APPROVAL FOR THE USE OF THE OLD JC FOODS BUILDING FOR DISTRIBUTION OF BICYCLES TO YOUTH IN NEED OF A BIKE:

Mr. Ken Beckman of the Optimist Club stated that they had used the JC Foods building a few months ago so they could receive used bicycles. Mr. Beckman asked the Commission to consider letting the Optimist Club use the building again, but this time it would be for distribution of bikes in the community from October 20th to about the second week of December. Mr. Beckman commented that they had collected eighty-five bikes for repair. A motion by Commissioner Taylor to allow the Optimist Club to use the JC Foods building to distribute bikes from October 20th thru the second week of December. The motion was seconded by Commissioner Hlavachick. Commissioner Borho questioned what would happen if someone broke into the building and stole the bikes. Optimist Club President Duane DeWeese stated that they have more that they could pick up and that there are around 5,000 bikes there for repair. Mayor Nystrom asked if this was an inmate program. Mr. DeWeese stated that it was and that Wal-Mart has donated several things for the repairs. Commissioner Peltier asked how much they charge for bikes. Mr. DeWeese stated that you get back what you gave. Mr. Beckman added that he did not think that they would get eighty-five bikes back, but there was still no cost to the recipients. Police Chief Steve Holmes asked if more bikes can be taken up when they go. Mr. DeWeese stated that he could take another load. Chief Holmes stated that he had to go to the public first and then any that are left could be taken up for repairs. Mayor Nystrom asked if there was any more discussion. Not hearing any, the motion passed unanimously.

CONSIDERATION AND APPROVAL OF THE SALE OF PROPERTY AT PRAIRIE PARKWAY BUSINESS PARK:

Mr. Paul Olsen, ED Board member, addressed the Commission on the sale of property at the Business Park to Siroky Oil Management. Mr. Olsen stated that Mr. Siroky was going to build a building and would be willing to pay what it costs. Mr. Olsen commented that Mr. Siroky would have oilfield items on the property and he would keep it neat. Mr. Howard stated that the cost would be the same as K.I.T.S. Manufacturing. Commissioner Taylor asked if that was a little low now. Mr. Howard stated that two other lots were sold and one other one was being looked at. Mr. Howard commented that if everybody purchases those, we would not have any left. A motion by Commissioner Borho to approve the sale of Lot 2, Block B in the Prairie Parkway Business Park to Siroky Oil Management for .129 cents per square feet. The motion was seconded by Commissioner Hlavachick and carried unanimously. Commissioner Borho questioned if this would create any jobs. Mr. Olsen stated that it depends on what develops.

CONSIDERATION AND APPROVAL OF A BID FOR A STAINLESS STEEL V-BOX SAND AND SALT SPREADER FOR THE STREET DEPARTMENT:

Public Works Director Russ Rambat stated that the street department was in need of a third unit to spread sand and salt. Mr. Rambat commented that a bid of $16,224 had come from Midwest Truck Equipment and a bid of $15,323 from Kansas Truck Equipment Company. Mr. Rambat recommended to the Commission the low bid of $15,323 from Kansas Truck Equipment. Commissioner Taylor asked if anyone local bid. Mr. Rambat stated that there was no one local. Commissioner Peltier questioned if this was something that we needed. Mr. Rambat answered that the more we can get out the better the streets will be. Mr. Rambat commented that he had priced this a couple of years ago and it was at $9,000 so the price has gone up. A motion by Commissioner Taylor to purchase a stainless steel V-box sand and salt spreader from Kansas Truck Equipment for $15,323. The motion was seconded by Commissioner Borho and carried unanimously.

FACILITY USAGE BY USD #382 (INFORMATIONAL ONLY):

Recreation Director Bruce Pinkall stated that he had basic information on the facility usage by the school. Mr. Pinkall commented that his intent was to try to increase communications and understanding on the use of facilities and to work with the school on exact dates and times. Mr. Pinkall stated that there had already been activities in September and October, but he was hoping for commitments for a year so that we have time for street closings and to have the use of the pool in the fall taken care of before school is out. Commissioner Taylor asked if they would still be using the Municipal Building for the scholarship banquet. Mr. Pinkall stated that they were at this time. Mr. Pinkall stated that he had talked to Mr. Nightengale about using the gym for volleyball and he said that it was to be used for USD events only so we could not use it. Mayor Nystrom questioned if there was any financial reimbursement. Mr. Pinkall stated that there was not for the use of our facilities and had been that way for a long time. Mayor Nystrom commented that it should work both ways. Mr. Pinkall commented that Mr. Nightengale would be talking to Dr. Glen Davis about this. Mayor Nystrom stated that we should invite them to come to a Commission meeting to discuss this. Commissioner Taylor commented that one night was not going to hurt the gym floor in their new facility. Mr. Howard commented that they use the ball field and our labor. Mr. Pinkall commented that there is wear and tear on it everyday. Mayor Nystrom stated that the city had gone to a lot of work to make the school possible and that Mr. Pinkall should forego Mr. Nightengale and go straight to Dr. Davis.

REPORTS:

Grant on water line at Ethanol Plant:

City Manager Dave Howard reported to the Commission that the CDBG grant for the waterline to the Ethanol Plant was 50/50, but he had received a letter stating that the CDBG had adverted the remainder of the grant and the loan had been forgiven.

Gateway files Chapter 11:

Mr. Howard informed the Commission that Gateway had filed Chapter 11 bankruptcy. Mayor Nystrom questioned if Chapter 11 was reorganization. City Attorney Ken Van Blaricum stated that it was a long process and they propose what they will do, the creditors and trustees are heard and the judge rules on it. Commissioner Borho asked if the creditors get documents of the meetings. Mr. Van Blaricum stated that they do and we would be invited to that.

New motel:

Mr. Howard stated that the new motel was going to be a Holiday Inn Express next to the Comfort Suites. Mayor Nystrom asked who owns Holiday Inns. Commissioner Peltier answered that they are publically traded.

Letter from Alltel:

Mr. Howard informed the Commission that we had received a letter from Alltel and they had sent $250 for the permit to investigate the site to see if it was the appropriate place and that this had been part of the agreement. Mayor Nystrom questioned if we would have to build around them if something happened to the building. Mr. Howard stated that we would. Mr. Van Blaricum stated that they had signed the agreement and that was a good sign. Mr. Howard added that they have a year to do the investigation.

Red Cross Survey:

Mr. Howard stated that the Red Cross had been doing their survey for shelter needs and that the Community Center and Municipal Building were on their list. Mr. Howard commented that he did not know if this had to be approved yearly if they want to continue. Commissioner Borho stated that it could be put on the next agenda. Mr. Howard commented that it had not been a problem in the past.

Curb and Gutter:

Public Works Director Russ Rambat stated that the curb and gutter project had finished handicap ramps on First Street and would be jumping to Second Street behind Alco. Mr. Rambat added that they would be tearing out the concrete on the north side of the Municipal Building, which would increase the appearance of the building. Mr. Rambat commented that with two additions to the street department they could begin working on replacing bricks again.

Slurry Seal:

Mr. Rambat stated that the slurry seal was finished for the year. Mr. Rambat commented that it had improved Rochester Street and that they had also done both entrances at the Airport.

PCC Rodeo:

Mr. Rambat stated that the college rodeo was this week and that we were ready for them.

NBC Hap Dumont meeting:

Recreation Director Bruce Pinkall stated that he had attended the NBC Hap Dumont meetings and Pratt was awarded the state tournament again and also a World Series.

Spray paint at Complex:

Mr. Pinkall informed the Commission that there had been an issue with some spray paint at the Sports Complex, but with the cameras they think they know who did it. Mr. Pinkall commented that there had been around eighty-two people in and out of the Complex over the weekend to play on the playground equipment.

Peace Officers conference:

Police Chief Steve Holmes stated that he would be attending the Peace Officers conference the next three days.

Sales tax report:

Finance Director Diana Garten informed the Commission that the sales tax was down for September, but was up for the year.

KMU Workshop:

City Clerk LuAnn Kramer informed the Commission that she had attended a KMU Workshop and had received useful information on dealing with delinquent customers and other useful information that would benefit the City in the utility department. Ms. Kramer stated that she had revised the code and would be reviewing it with Mr. Howard and Mr. Van Blaricum before the year end.

Welcome Jim back:

Commissioner Hlavachick welcomed Mr. Jim Zeltner back to our meeting. Mr. Zeltner thanked the Commission and reported that the first properties that we had taken down had been sold and there were plans in the making. Mr. Zeltner also reported that sheds and garages were being built where old ones had been torn down and that there was a lot of things coming up in the next sixty days.

North Oak:

Commissioner Borho questioned if the house on the northeast corner of North Oak Street and Blaine Street or Cleveland Street was on our list. Mr. Zeltner stated that he would check on that.

ADJOURN:

A motion by Commissioner Borho to adjourn. The motion was seconded by Commissioner Hlavachick and carried unanimously.

________________________________________
ERIC NYSTROM, Mayor


(SEAL)

ATTEST:

________________________________________
LUANN KRAMER, City Clerk

Oct. 20, 2008 Commission Agenda

MONDAY

OCTOBER 20, 2008

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 06, 2008 Recessed City/County Meeting
October 06, 2008 Regular Commission Meeting

4. OPEN AGENDA

5. BUSINESS:

5.1 Consideration and Approval of Low Truck Bid for Electric Utilities (Budgeted Item) – Kelly Hemphill, Dir. of Electric Utilities

5.2 Consideration and Approval of Replat of Lot 3, Block C in Prairie Parkway Business Park – Dave Howard, City Manager

5.3 Consideration and Approval of the Sale of Property in Prairie Parkway Business Park – Dave Howard, City Manager

5.4 Consideration and Approval of Identity Theft Protection Program – LuAnn Kramer, City Clerk/Utility Billing Supervisor

5.5 Discussion on Extension of Maple Street and Possible Future Development of Housing Subdivision – Mayor, Commission, City Staff

6. REPORTS:

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

7. ADJOURN.

Approved 9/15/08 minutes

MONDAY

SEPTEMBER 15, 2008

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

PRESENT: Eric Nystrom Mayor
Glenna Borho Commissioner
Jeff Taylor Commissioner
Bill Hlavachick Commissioner
Willy Peltier Commissioner

ALSO PRESENT: Dave Howard City Manager
LuAnn Kramer City Clerk
Ken Van Blaricum City Attorney
Russ Rambat Public Works Director
Steve Holmes Chief of Police
Kelly Hemphill Dir. of Electric Utilities

CALL TO ORDER:

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

MINUTES:

A motion by Commissioner Taylor to approve the minutes of the September 02, 2008 regular Commission meeting. The motion was seconded by Commissioner Borho and carried unanimously.

OPEN AGENDA:

No one in the audience wished to address the Commission.

BUSINESS:

CONSIDERATION AND APPROVAL OF PRATT AREA HUMANE SOCIETY TO USE LEMON’S PARK ON OCTOBER 4, 2008 FROM 10:00 A.M. TO 3:00 P.M.:

Ms. Faye Miller stated to the Commission that the Humane Society would like to use Lemon’s Park on October 4th for a fund raiser to finish the shelter. Ms. Miller commented that there would be games for children and micro-chipping for animals. Ms. Miller stated that they would leave the park clean afterwards. Commissioner Taylor asked if all the animals would be leashed. Ms. Miller stated that they would be with the exception of some lambs that would be in an enclosure. Commissioner Taylor questioned if they wanted the park closed to drive thru traffic. Ms. Miller stated that they did not, because they would be using the walking trail. A motion by Commissioner Borho to allow Pratt Area Humane Society the use of Lemon’s Park for a fund raiser for the new shelter on October 4th from 10:00 a.m. to 3:00 p.m. The motion was seconded by Commissioner Peltier and carried unanimously. Commissioner Peltier asked how close they were on their funds. Ms. Miller stated that it was about $30,000 and they had applied for a loan also. Ms. Miller commented that they would like to move the animals before winter.

COMPLAINT ON PROPERTY AT 212 S. IUKA (PICTURES & INFO WILL BE PROVIDED BY MR. KORTH AT MEETING):

Mr. William Korth introduced himself to the Commission and stated that he had held off coming to them, but he now felt he had to present his concerns in person. Mr. Korth informed the Commission that he and his wife had purchased the home at 202 South Iuka in 2006 from L. V. Knight Mr. Korth presented the Commission with pictures depicting the neighboring property at 212 South Iuka owned by Mr. Hadsell. Mr. Korth commented that the house was presentable to some degree before a fire, but has had rats in the back yard and trash everywhere. Mr. Korth stated to the Commission that he has not been able to sale his home due to the condition of his neighbors property. Commissioner Taylor questioned if there was a fence separating the two properties. Mr. Korth stated that there wasn’t when he had moved there, but he had put one up. Mr. Korth commented that he had not visited with Mr. Hadsell and he realized that the Commission was limited to what they could do, but there had to be some provisions to put him on notice to clean up the property. Mr. Korth added that he felt sorry for Mr. Hadsell’s situation, but that should not excuse him from social responsibilities. Commissioner Peltier questioned if he had had any problem with storm water drainage. Mr. Korth stated that he had not, but that there was more and more trash everyday and that the big truck had been moved from the front yard, but there was now a car there. City Manager Dave Howard explained that code enforcement had tried to work with them and that they had been told that we were not going to connect the utilities until the lot was cleaned up, but the letter did not get to the right people. Mayor Nystrom stated that the City Attorney was being instructed to send Mr. Hadsell a registered letter explaining the ordinance and that the City would take legal action if he did not comply. Mayor Nystrom commented that the city would work as fast as possible. Mr. Korth thanked the Commission for their time.

CONSIDERATION AND APPROVAL OF POWER PURCHASE AGREEMENT BETWEEN THE CITY OF PRATT AND KANSAS MUNICIPAL ENERGY AGENCY:

Kenny Kreutzer, Energy Agent, commented to the Commission that this contract was for base load power and that we had been doing it on a verbal agreement since April of this year. Mr. Kreutzer stated that the agreement had saved the City $83,000 just in the month of June. Mr. Kreutzer explained that this agreement goes until 2018 and the recommendation was that it be approved. City Manager Howard added that the base load had come from Jeffries coal fired plant and we had purchased it from KMEA. Mr. Howard explained that Rainbow Energy did the marketing for the base load to determine if it was cheaper to buy or to generate. Commissioner Borho asked if the mega watts stay flat until 2018. Mr. Kreutzer commented that if nothing changes. Mr. Howard stated that if a shaft goes down and they are only able to produce half of the thirty, the City would get less. Mr. Howard added that if someone in the group would drop out, the City’s share could go up and that with Russell and Pratt being the largest users, if one of us dropped out, it would hurt. Mr. Howard stated that that was not likely to happen. Commissioner Borho commented that Russell was smaller than us. Mr. Howard stated that they have their gas turbine tied into their Ethanol Plant. Mr. Kreutzer added that they have more industry than we do. Commissioner Borho questioned what would happen if we get more industry and need more base load outside this contract. Mr. Kreutzer commented that unless someone gets out or other arrangements are made, we cannot get any more base load. Mr. Howard explained that if another industry came in that was a big user, we would spread the base load among the heaviest users and purchase more market power.

CONSIDERATION AND APPROVAL OF RESOLUTION AUTHORIZING THE EXECUTION OF POWER PURCHASE AGREEMENT WITH KMEA:

Mr. Kreutzer stated that the resolution was needed to authorize the execution of the power purchase agreement with KMEA.

The following Resolution 091508 was then presented to the Commission for their approval: A RESOLUTION OF THE CITY OF PRATT KANSAS AUTHORIZING THE EXECUTION OF A POWER PURCHASE AGREEMENT BETWEEN THE CITY OF PRATT, KANSAS, AND THE KANSAS MUNICIPAL ENERGY AGENCY RELATING TO THE PURCHASE OF ELECTRICITY BY THE CITY FROM THE KANSAS MUNICIPAL ENERGY AGENCY FOR SALE OR USE BY THE CITY (MID-KANSAS/BASELOAD POWER SUPPLY). A motion by Commissioner Borho to adopt Resolution 091508 between the City of Pratt and KMEA in regards to base load power until 2018. The motion was seconded by Commissioner Hlavachick and carried unanimously.

REPORTS:

Chamber dinner:

City Manager Dave Howard stated that he had reserved ten spots for the Chamber dinner on September 25th for anyone that wanted to go. Commissioner Hlavachick stated that he would be attending.

Fairbanks update:

Mr. Howard informed the Commission that Mr. Ernie Smith had gotten hold of Fairbanks Morse concerning the cracked heads. Mr. Howard stated that five heads had been shipped to Fairbanks and they would come to Pratt to install them. Commissioner Taylor asked if five would do. Mr. Smith stated that five were coming from France on the 17th of September and should be in Beloit by the 22nd. Mr. Smith added that each head cost about $42,000 and weighs about 850 lbs and that we need a total of ten. Commissioner Borho questioned if the heads would be x-rayed. Mr. Smith stated that they would be and that this had been a design problem. Commissioner Borho asked if the design problem had been corrected. Mr. Smith commented that it had not as far as he knew, but we would wait and see when they get here. Mr. Smith stated that five heads would bring us back on line, but that we need the other four also. Mr. Smith explained that each head would be disassembled and cleaned down to the metal and inspected for cracks. Mr. Smith commented that Fairbanks would replace the heads and the City would be providing the labor. Commissioner Borho questioned if we would have the same problem if the design of the heads had not changed and would there be a change in the engine to keep them from cracking. Mr. Smith commented that no one knew for sure. Mr. Howard stated that Fairbanks was making good on it. Commissioner Borho commented that if they are going to cover this cost, she would think that they would not want to do it again.

Schaefer property and Putt Putt Golf:

Mr. Howard stated that the City had taken title on 601 East Sixth Street and we had also cleaned up the Putt Putt Golf area. Commissioner Borho questioned if a church had wanted some of the items at the Putt Putt Golf. Mr. Howard stated that they had a month or more to pick up what they wanted and had not, so it got cleaned up.

Executive Session:

City Attorney Ken Van Blaricum asked for an executive session following the reports to discuss attorney/client privilege for twenty minutes with no action to be taken.

Vehicle auction:

Public Works Director Russ Rambat informed the Commission that the City would be auctioning off several vehicles Saturday the 20th. Mr. Rambat stated that the auction had been advertised in the paper. Mr. Rambat commented that if a vehicle did not sale he would call the person who wanted junk vehicles. Commissioner Borho asked if all the vehicles ran. Mr. Rambat stated that fifty to sixty percent of them did. Commissioner Borho asked if it would be cheaper to call a car crusher. Mr. Rambat explained that municipalities had to go through the right hoops. Mr. Howard stated that the ordinance states that they have to go to public auction. Police Chief Steve Holmes added that the forfeiture vehicles also have to be offered at public auction and then if they are not sold you can dispose of them. Mr. Rambat added that there are other items to be auctioned off such as pumps from the water department and scrap metal items.

Street projects:

Mr. Rambat informed the Commission that Ferguson Paving had to push our project back a week due to all the rain in Wichita, which delayed their progress there.

Mr. Rambat stated that Flatwork Specialists would be working on the handicap ramps next week on First Street. Mayor Nystrom commented on the damage done by heavy equipment on the side of the high school. Mr. Rambat explained that they still have to landscape that area.

Line Crew activities:

Director of Electric Utilities Kelly Hemphill stated that the line crew had completed their work on the Christmas lights in Lemon’s Park.

Mr. Hemphill stated that the line department had been trimming trees near Long John Silver’s and McDonalds.

Insurance check:

Mr. Hemphill informed the Commission that the City had received a check for damage done to a tower in May during a storm. Mr. Hemphill stated that there was not a final decision on whether to fix the existing tower or do an upgrade.

FEMA issues:

Mr. Hemphill stated that FEMA was having issues with some of the claims dealing with the ice storm in December 2007. Mr. Hemphill explained that FEMA had changed the game on Municipalities and REA’s and they think that the damage is not as intense as it is. Mr. Hemphill commented that FEMA has said that they would do repairs to pre-storm status. Mr. Hemphill stated that representatives are writing letters to try and help us out.

Repairs to icicle lights:

Mr. Rambat explained to the Commission that there had been tree damage during the ice storm where the icicles hang in Lemon’s Park and that Mr. Mark Eckhoff would be putting up supports and may have to block off street traffic for a couple of hours.

EXECUTIVE SESSION:

Mayor Nystrom made a motion to enter into executive session for 20 minutes to discuss attorney/client privilege. The motion was seconded by Commissioner Hlavachick and carried unanimously.

Mayor Nystrom made a motion to return from executive session with nothing to report. The motion was seconded by Commissioner Taylor and carried unanimously.

RECESS:

Upon proper motion, the meeting was recessed until Monday, October 6, 2008 at 11:00 a.m. for a meeting with the County Commission at City Hall.

_____________________________________
ERIC NYSTROM, Mayor


(SEAL)

ATTEST:

______________________________________
LUANN KRAMER, City Clerk

Monday 10/06/08 Agenda

MONDAY

OCTOBER 06, 2008

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 – September 15, 2008 Regular Commission Meeting

4. OPEN AGENDA

5. BUSINESS:

5.1 Public Hearing Regarding the Kansas Water Supply Loan Fund –
a) Open Public Hearing by Motion – Mayor & Commission
b) Discussion on Kansas Water Supply Loan
c) Close Public Hearing by Motion – Mayor & Commission

5.2 Consideration and Approval of Resolution 100608 Authorizing Completion of Application to KDHE Regarding Loan – Alan Luttrell, EBH Engineering

5.3 Consideration and Approval of Contract to have EBH as Engineer on Main Street Project – Alan Luttrell, EBH Engineering

5.4 Consideration and Approval for use of the old JC Foods Building for Distribution of Bicycles to Youth in need of a Bike – Ken Beckman, Pratt Optimist Club

5.5 Consideration and Approval of Sale of Property at Prairie Parkway Business Park – Paul Olsen, ED Board

5.6 Consideration and Approval of a bid for a Stainless Steel V-Box Sand and Salt Spreader for the Street Department – Russ Rambat, Public Works Director

5.7 Facility Usage by USD #382 (Informational only) – Bruce Pinkall, Recreation Director

6. REPORTS:

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

7. ADJOURN.

Sept. 02, 2008 Approved minutes

MONDAY
SEPTEMBER 02, 2008

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

PRESENT: Eric Nystrom Mayor
Glenna Borho Commissioner
Jeff Taylor Commissioner
Bill Hlavachick Commissioner
Willy Peltier 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
Steve Holmes Chief of Police
Kelly Hemphill Dir. of Electric Utilities
Bruce Pinkall Recreation Director

CALL TO ORDER:

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

OPEN AGENDA:

No one in the audience wished to address the Commission.

BUSINESS:

CONSIDERATION AND APPROVAL OF ORDINANCE REGARDING FEE FOR MAILING NOTICE OF FAILURE TO COMPLY WITH TRAFFIC CITATION:

City Attorney Ken Van Blaricum explained to the Commission that if you got ticketed for a minor traffic violation five hundred miles away from home and you ignore it, the Clerk can give you a notice for failure to comply. Mr. Van Blaricum added that if you then fail to comply, your license can be suspended, in which the Clerk would notify the state and they could suspend your license. Mr. Van Blaricum stated that the legislature has provided for the Clerk to collect a fee through court costs to cover no more than $5.00 in mailing fees.

The following Ordinance 0805 was then presented to the Commission for their approval: AN ORDINANCE ENACTING SECTION 2.60.130 OF THE PRATT MUNICIPAL CODE REGARDING FEE FOR MAILING NOTICE OF FAILURE TO COMPLY WITH A TRAFFIC CITATION. A motion by Commissioner Borho to pass Ordinance 0805 enacting Section 2.60.130 of the Pratt Municipal Code. The motion was seconded by Commissioner Taylor. Commissioner Peltier asked if you can charge more than $5.00. Mr. Van Blaricum stated that you cannot. The motion passed unanimously.

READING OF PROCLAMATION PROCLAIMING OCTOBER 10TH AS ‘PUT THE BRAKES ON FATALITIES DAY’:

Mayor Nystrom acknowledged the proclamation for ‘Put the Brakes on Fatalities Day’ as suggested by the League.

REPORTS:

PCC Rodeo:

City Manager Dave Howard reminded the Commission that the college would be having their rodeo October 10th through October 12th. Mr. Howard stated that they would again be using parts of the Industrial Park.

Industrial Park Sign:

Mr. Howard stated that he had talked to the ED board and they are willing to go 50/50 on the development of a sign for the Industrial Park. Mr. Howard commented that he did not know how fast it would get done. Commissioner Borho questioned an extension of the road into the college by SEC-SCK. Mr. Howard answered that the City was looking into extending Bluestem Boulevard and dividing the lot to continue the road into the Industrial Park. Mr. Howard commented that there was someone interested in the six acres by Hospice. Commissioner Borho asked if the Park was full. Mr. Howard stated that there were two lots left. Commissioner Taylor asked if that was for what was platted. Mr. Howard stated that was correct. Mayor Nystrom asked if the east was what was not plated. Mr. Howard stated that it was, but in one big lot and that there would be a lot split going to the Planning & Zoning board soon and then it would be brought before the Commission sometime in October.

Building Lots:

Mr. Howard reminded the Commission that during budget they had talked about the shortage of lots to build on in Pratt and should the City do something about it. Mr. Howard stated that he would be putting something together on a housing development by the City in the next meeting or the first meeting in October.

Municipal Court:

City Attorney Ken Van Blaricum commented that he had been working on procedures in Municipal Court, but that everything was running smooth.

City auction:

Public Works Director Russell Rambat stated that there would be an auction on September 20th of used City equipment, vehicles and forfeiture vehicles from the Police department. Mr. Rambat explained that the auction was for equipment and vehicles that are tough to store and past their worth. Commissioner Peltier questioned if there were some nice forfeiture vehicles. Chief Holmes commented that there were some and a motorcycle. Mr. Howard added that we were going to keep a few and one would be used for a trade-in. Chief Holmes stated that there was an RV and an old u-haul truck that could be used as a disaster response vehicle. Chief Holmes commented that with the price of gas, we would not get much for them and that the u-haul truck was large enough to hold transformers if needed.

Street department employment:

Mr. Rambat commented that the number of employees in the street department continue to dwindle down, but that he had gotten a good application today. Mr. Rambat commented that other departments were not having much turnover.

Slurry Seal:

Mr. Rambat reported to the Commission that the slurry seal project should start next week.

Line Department busy:

Director of Electric Utilities Kelly Hemphill stated that the line crew had been doing tree trimming so that they are better prepared for the winter storms. Mr. Hemphill added that they are also getting power to the park for Christmas lights.

Bicycle and Horse parade:

Police Chief Steve Holmes reminded the Commission of the bicycle and horse parade on September 6th in Lemon’s Park. Chief Holmes added that the park would be shut down to vehicle traffic from 9:30 am to 11:30 am, but walkers would be allowed in.

‘Doggy’ gloves:

Mr. Rambat stated that there were posts in Lemon’s Park that furnished dog owners rubber gloves to dispose of any waste left in the park. Mr. Howard commented that he had heard positive comments about them, but that we need to put trash cans nearby also. Commissioner Taylor stated that he felt this was a good idea.

Sales tax up:

Finance Director Diana Garten commented that sales tax for August was up about $15,860 and up about $78,000 for the year.

City website:

Ms. Garten informed the Commission that the City of Pratt website was now live.

Roof damage at Sports Complex:

Recreation Director Bruce Pinkall explained to the Commission that there were roof repairs being done at the Sports Complex due to damage from the May storm. Mr. Pinkall commented that the shingles had been blown up and water had gotten under them, but that there was no damage inside. Mr. Pinkall stated that the adjuster had been out and that Becker Roofing would do the work. Commissioner Borho asked if they had checked the rest of the roof. Mr. Pinkall stated that they were roofing the whole building.

Playground equipment:

Commissioner Borho asked how the playground equipment was working out. Mr. Pinkall stated that it was being used regularly even during the day and that Ms. Linda Lanterman had been out to look at it. Commissioner Borho questioned if the space net had to be taken down in the winter. Mr. Pinkall stated that it was weather resistant, but that routine maintenance was needed.

Inspector’s job:

Mayor Nystrom asked if Friday was Mr. McCollum’s last day. Mr. Howard stated that it was and that we were collecting applications. Mr. Howard commented that we had had no luck yet.

Housing development:

Mayor Nystrom commented that he had been around town visiting about the proposed housing development and would continue to do so through September to see what their thoughts are on such a project.

League voters:

Commissioner Borho asked if they should appoint voters for the League meeting next month. A motion by Mayor Nystrom to appoint Commissioner Peltier and himself as representatives for the City of Pratt at the League meeting in October. The motion was seconded by Commissioner Borho and carried unanimously.

Brick streets:

Commissioner Taylor mentioned that there was another letter in the packet concerning the brick streets. Commissioner Taylor commented that Main Street was as rough as some dirt streets.

ADJOURN:

Upon proper motion, the meeting adjourned.


__________________________________
ERIC NYSTROM, Mayor


(SEAL)

ATTEST:

____________________________________
LUANN KRAMER, City Clerk

September 15, 2008 agenda

MONDAY

SEPTEMBER 15, 2008

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 – September 02, 2008 Regular Commission Meeting

4. OPEN AGENDA

5. BUSINESS:

5.1 Consideration and Approval of Pratt Area Humane Society to use Lemon’s Park on October 4, 2008 from 10:00 a.m. to 3:00 p.m. – Fay Miller, Pratt Area Humane Society

5.2 Complaint on Property at 212 S. Iuka (Pictures & Info will be provided by Mr. Korth at meeting) – William Korth, 202 S. Iuka

5.3 Consideration and Approval of Power Purchase Agreement between the City of Pratt and Kansas Municipal Energy Agency – Kenny Kreutzer, Energy Agent; Kelly Hemphill, Dir. of Electric Utilities; Dave Howard, City Manager

5.4 Consideration and Approval of Resolution Authorizing the Execution of Power Purchase Agreement with KMEA – Kenny Kreutzer, Energy Agent; Kelly Hemphill, Dir. of Electric Utilities; Dave Howard, City Manager
(RESOLUTION 091508)

6. REPORTS:

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

7. RECESS-Monday, October 6, 2008 at 11:00 a.m. for City/County meeting in City Hall.