MONDAY
FEBRUARY 16, 2009
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 – February 02, 2009 Recessed City/County Meeting
February 02, 2009 Regular Commission Meeting
4. OPEN AGENDA
5. BUSINESS:
5.1 Discussion with Commission – Loren Barker (No info for packet)
5.2 Consideration and Approval of Bid to Crush Old Concrete for Alley and Utility Cut Use – Russ Rambat, Public Works Director
5.3 Consideration and Approval of Ordinance Concerning Smoking in Public Places – Ken Van Blaricum, City Attorney (Ordinance 0903)
6. REPORTS:
6.1 City Manager
6.2 City Attorney
6.3 Department Heads
6.4 Mayor
6.5 City Commission
7. ADJOURN.
Monday, February 16, 2009
Monday, February 9, 2009
01/05/09 Approved City Commission minutes
MONDAY
JANUARY 05, 2009
The Governing Body of the City of Pratt met in Regular session in the Commission Room located in City Hall.
PRESENT: Glenna Borho Vice-Mayor
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
Steve Holmes Chief of Police
Russ Rambat Public Works Director
Kelly Hemphill Dir. of Electric Utilities
CALL TO ORDER:
Vice-Mayor Glenna Borho called the regular session to order. The Vice-Mayor instructed the Clerk to note that all Commissioners were present with the exception of Mayor Nystrom.
MINUTES:
A motion by Commissioner Taylor to approve the minutes of the December 15, 2008 regular Commission meeting. The motion was seconded by Commissioner Hlavachick and carried unanimously.
OPEN AGENDA:
No one in the audience wished to address the Commission.
BUSINESS:
CONSIDERATION AND APPROVAL OF ENGINEERING SERVICES FOR KDOT KLINK RESURFACING PROJECT (US 281 HIGHWAY):
Alan Luttrell, EBH Engineering, reminded the Commission that the City had applied for a geometric project from First Street to halfway between Third Street and Forth Street. Mr. Luttrell stated that this contract was for the other half that included between Third Street and Forth Street to Sixth Street. Mr. Luttrell commented that KDOT had given us these two projects, but had taken away the project on the north end and they had combined them into one KLINK project. Commissioner Taylor questioned that with revenues down, could they take this away from us. Mr. Luttrell stated that he did not think so since this money comes from the Federal Government. Commissioner Taylor asked about projects down the road. Mr. Luttrell commented that they could delay us from going out for bids. Mr. Luttrell added that with the new administration, he anticipates that the government will throw more money to infrastructure.
Mr. Luttrell reported that this agreement included the other half of the Main Street project. Public Works Director Russ Rambat added that KDOT will be getting more involved with geometric projects. Commissioner Borho questioned how long it would be before we know about adding bricks back into Main Street. Mr. Luttrell stated that we should know in the next couple of months and that would be the Commission’s decision. Commissioner Peltier asked if this was paid for through KDOT. Mr. Luttrell stated that they would if used in cross walks. City Manager Dave Howard added that it is paid for up to a certain amount. Commissioner Peltier questioned if this would be a maintenance problem. Mr. Luttrell commented that as a general rule, it is not. Commissioner Taylor commented that there should be less breakage with concrete being thicker. Commissioner Taylor questioned if stamped concrete held up better than bricks. Mr. Luttrell stated that it was about the same. Commissioner Peltier commented that if it ever had to be torn out, you would have to duplicate it. Mr. Rambat added that the longevity might be better in that you can get moisture under the bricks.
Mr. Luttrell commented that KDOT combined the two projects so that one contractor would do the whole job. Mr. Howard stated that when we get closer to engineering, we will go to the businesses through the Chamber. Mr. Luttrell commented that KDOT may dictate whether the project is done all at one time. Mr. Howard commented that we had been working on parking and that we want to make it as easy as possible. Commissioner Borho commented that this would be a labor intensive project whether bricks or stamped concrete are used and it would have an effect on businesses. Mr. Howard stated that the water line would be a big deal. Commissioner Borho stated that it has to be replaced.
A motion by Commissioner Hlavachick to accept the contract from EBH Engineering for engineering on the KLINK resurfacing project on Highway 281. The motion was seconded by Commissioner Taylor and carried unanimously.
Commissioner Taylor asked how long the project would last, taking into consideration the weather and everything. Mr. Luttrell stated that it would be three to nine months. Commissioner Borho commented that the water line would be quite a bit of that. Commissioner Taylor clarified that if we started in the winter or early spring, it could be the end of the year before they were finished. Mr. Howard stated that was correct. Mr. Luttrell commented that we want to use as many of the summer months as we can. Commissioner Borho asked if they would be using a machine like they had on the Highway 54 project. Mr. Luttrell stated that would depend on the contractor.
REPORTS:
Airport Zoning Board:
City Manager Howard stated that he had had more interest in the Airport Zoning Board. Mr. Howard reminded everyone that the deadline for letters of interest would be before the close of business on January 9th.
Freeze on major expenditures:
Commissioner Borho questioned if there was still a freeze on major expenditures for the first few months of the new year. Mr. Howard stated that it would be for four or five months so that we could see what the economy was going to do.
State revenues down:
Commissioner Taylor questioned if we would start seeing cuts in what we get from the state with their revenues being down. Finance Director Garten commented that the property tax does not change and that sales tax is based on sales, so we should not be affected too much. Commissioner Taylor asked Police Chief Holmes if law enforcement would see any changes. Chief Holmes stated that he had not heard of anything that had been cut. Chief Holmes added that homeland security money came through the Governor and Highway Patrol.
Commissioner Taylor asked if we could see a cut back on water usage. Mr. Howard stated that it was tough to tell with the holidays and that we may be able to tell after a longer period of time. Mr. Howard added that in talking to businesses, most did not do as well, but they were not sure if it was due to the economy.
Commissioner Borho commented that by what we budgeted for fuel this year, we should look pretty good.
Smoking Ordinance:
City Attorney Ken Van Blaricum stated that there was another draft of the smoking ordinance for the Commission to review and that he had made the changes requested at their last discussion. Mr. Van Blaricum stated that there was a new definition on page three for designated smoking area. Mr. Van Blaricum stated that item ‘G’ #1 and #2 on page four defines where smoking is prohibited and that the paragraph following was all new material.
Mr. Van Blaricum stated that there was optional language on page eight that does not fit into the ordinance now, but it was how Hutchinson had done it. Mr. Van Blaricum stated that it could be reworked to include a time or non-smoking areas. Commissioner Borho asked if he had had time to look at the Wichita ordinance. Mr. Van Blaricum stated that he had it and would discuss it at the next meeting. Commissioner Taylor questioned the optional language of 9:00 p.m. to 5:00 a.m. Mr. Van Blaricum commented that the question would be when they open. Chief Holmes commented that the code states that you can sell from 9:00 a.m. to 2:00 a.m. and cereal malt beverages are from 6:00 a.m. to 12:00 a.m. Commissioner Taylor suggested that the optional language say that they cannot stay open after 2:00 a.m.
Commissioner Borho commented that the Hutchinson paper had printed an article stating that since the smoking ban, the heart attack rate had dropped. Commissioner Borho continued stating that a Colorado paper had stated that the heart attack rate in Colorado had dropped by 41% after three years and they felt the smoking ban had been responsible for that. Commissioner Borho stated that all of Colorado was smoke free. Commissioner Hlavachick stated that he has heard about third hand smoke and that the actual tar and poisons get into clothing and carpet.
New Attorney:
Mr. Van Blaricum stated that he had hired a new attorney that would be working as the Assistant County Attorney. Mr. Van Blaricum commented that Mr. Gavan Wood was a recent graduate and was to take the bar in February. Mr. Van Blaricum informed the Commission that he would be doing some City things and may do some private practice work. Commissioner Borho questioned if he was a native of Oklahoma. Mr. Van Blaricum stated that he was from the Caldwell area and that he wanted to live in a small place in Kansas.
Cylinder heads:
Mr. Kelly Hemphill, Director of Electric Utilities, stated that Chubbs Insurance had reactivated the insurance claim and that we were waiting hoping that Fairbanks Morse would pay for the heads. Mr. Hemphill commented that Fairbanks Morse was waiting on a machine to come to the United States that would produce new serial numbers on the cylinder heads. City Manager Howard commented that we did not want cylinder heads that were cast from the same lot.
Distribution:
Mr. Hemphill informed the Commission that Line Distribution employees were taking down Christmas decorations.
Level II Certification:
Public Works Director Russ Rambat commented that Mr. Mike Jones had received his level II certification and was now certified in both water and waste water.
Year end report:
Police Chief Holmes commented that his year-end report would be delayed due to the homicide taking precedence. Commissioner Peltier asked if they were about to wrap up the investigation. Chief Holmes stated that the investigation was done, but the paper work was not.
Mr. Van Blaricum commented that the attorneys for the suspects were out of Hutchinson. Mr. Van Blaricum commented that being on the front of the investigation; he was impressed with the professionalism of our police department. Mr. Van Blaricum commented that it was like CSI, but in slow motion and that he was very impressed.
Sales tax:
Finance Director Diana Garten informed the Commission that sales tax for 2008 was up $107,871.22 from 2007. Ms. Garten commented that she was finishing up the 2008 books, but early indication was that the City came out well. Commissioner Borho stated that she appreciated the bar graphs.
New policy in effect:
City Clerk Kramer stated the utility department had started implementing the code that states that bills have to be paid on time.
Smoking Ordinance:
Commissioner Peltier questioned if the smoking ordinance would be on the next agenda. Commissioner Taylor commented that it was for discussion, but we could vote on it. Mr. Van Blaricum stated that it was redrafted from the previous discussion and that it should be discussed one time and then voted on later. Commissioner Borho commented that when or if it passes, we should give a six month window so that businesses have time to come into compliance. Commissioner Peltier commented that we should look at the economic impact and that he had visited with Rick’s Restaurant and they felt that since going smoke free, their business had improved. Commissioner Peltier added that if there is not a negative impact, then we should not consider anything but non-smoking. Commissioner Borho commented that Rick’s Restaurant is a restaurant with no alcohol. Commissioner Peltier commented that second hand smoke causes problems and we should do something.
ADJOURN:
A motion by Commissioner Taylor to adjourn. The motion was seconded by Commissioner Hlavachick and carried unanimously.
__________________________________
GLENNA BORHO, Vice-Mayor
(SEAL)
ATTEST:
_________________________________
LUANN KRAMER, City Clerk
JANUARY 05, 2009
The Governing Body of the City of Pratt met in Regular session in the Commission Room located in City Hall.
PRESENT: Glenna Borho Vice-Mayor
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
Steve Holmes Chief of Police
Russ Rambat Public Works Director
Kelly Hemphill Dir. of Electric Utilities
CALL TO ORDER:
Vice-Mayor Glenna Borho called the regular session to order. The Vice-Mayor instructed the Clerk to note that all Commissioners were present with the exception of Mayor Nystrom.
MINUTES:
A motion by Commissioner Taylor to approve the minutes of the December 15, 2008 regular Commission meeting. The motion was seconded by Commissioner Hlavachick and carried unanimously.
OPEN AGENDA:
No one in the audience wished to address the Commission.
BUSINESS:
CONSIDERATION AND APPROVAL OF ENGINEERING SERVICES FOR KDOT KLINK RESURFACING PROJECT (US 281 HIGHWAY):
Alan Luttrell, EBH Engineering, reminded the Commission that the City had applied for a geometric project from First Street to halfway between Third Street and Forth Street. Mr. Luttrell stated that this contract was for the other half that included between Third Street and Forth Street to Sixth Street. Mr. Luttrell commented that KDOT had given us these two projects, but had taken away the project on the north end and they had combined them into one KLINK project. Commissioner Taylor questioned that with revenues down, could they take this away from us. Mr. Luttrell stated that he did not think so since this money comes from the Federal Government. Commissioner Taylor asked about projects down the road. Mr. Luttrell commented that they could delay us from going out for bids. Mr. Luttrell added that with the new administration, he anticipates that the government will throw more money to infrastructure.
Mr. Luttrell reported that this agreement included the other half of the Main Street project. Public Works Director Russ Rambat added that KDOT will be getting more involved with geometric projects. Commissioner Borho questioned how long it would be before we know about adding bricks back into Main Street. Mr. Luttrell stated that we should know in the next couple of months and that would be the Commission’s decision. Commissioner Peltier asked if this was paid for through KDOT. Mr. Luttrell stated that they would if used in cross walks. City Manager Dave Howard added that it is paid for up to a certain amount. Commissioner Peltier questioned if this would be a maintenance problem. Mr. Luttrell commented that as a general rule, it is not. Commissioner Taylor commented that there should be less breakage with concrete being thicker. Commissioner Taylor questioned if stamped concrete held up better than bricks. Mr. Luttrell stated that it was about the same. Commissioner Peltier commented that if it ever had to be torn out, you would have to duplicate it. Mr. Rambat added that the longevity might be better in that you can get moisture under the bricks.
Mr. Luttrell commented that KDOT combined the two projects so that one contractor would do the whole job. Mr. Howard stated that when we get closer to engineering, we will go to the businesses through the Chamber. Mr. Luttrell commented that KDOT may dictate whether the project is done all at one time. Mr. Howard commented that we had been working on parking and that we want to make it as easy as possible. Commissioner Borho commented that this would be a labor intensive project whether bricks or stamped concrete are used and it would have an effect on businesses. Mr. Howard stated that the water line would be a big deal. Commissioner Borho stated that it has to be replaced.
A motion by Commissioner Hlavachick to accept the contract from EBH Engineering for engineering on the KLINK resurfacing project on Highway 281. The motion was seconded by Commissioner Taylor and carried unanimously.
Commissioner Taylor asked how long the project would last, taking into consideration the weather and everything. Mr. Luttrell stated that it would be three to nine months. Commissioner Borho commented that the water line would be quite a bit of that. Commissioner Taylor clarified that if we started in the winter or early spring, it could be the end of the year before they were finished. Mr. Howard stated that was correct. Mr. Luttrell commented that we want to use as many of the summer months as we can. Commissioner Borho asked if they would be using a machine like they had on the Highway 54 project. Mr. Luttrell stated that would depend on the contractor.
REPORTS:
Airport Zoning Board:
City Manager Howard stated that he had had more interest in the Airport Zoning Board. Mr. Howard reminded everyone that the deadline for letters of interest would be before the close of business on January 9th.
Freeze on major expenditures:
Commissioner Borho questioned if there was still a freeze on major expenditures for the first few months of the new year. Mr. Howard stated that it would be for four or five months so that we could see what the economy was going to do.
State revenues down:
Commissioner Taylor questioned if we would start seeing cuts in what we get from the state with their revenues being down. Finance Director Garten commented that the property tax does not change and that sales tax is based on sales, so we should not be affected too much. Commissioner Taylor asked Police Chief Holmes if law enforcement would see any changes. Chief Holmes stated that he had not heard of anything that had been cut. Chief Holmes added that homeland security money came through the Governor and Highway Patrol.
Commissioner Taylor asked if we could see a cut back on water usage. Mr. Howard stated that it was tough to tell with the holidays and that we may be able to tell after a longer period of time. Mr. Howard added that in talking to businesses, most did not do as well, but they were not sure if it was due to the economy.
Commissioner Borho commented that by what we budgeted for fuel this year, we should look pretty good.
Smoking Ordinance:
City Attorney Ken Van Blaricum stated that there was another draft of the smoking ordinance for the Commission to review and that he had made the changes requested at their last discussion. Mr. Van Blaricum stated that there was a new definition on page three for designated smoking area. Mr. Van Blaricum stated that item ‘G’ #1 and #2 on page four defines where smoking is prohibited and that the paragraph following was all new material.
Mr. Van Blaricum stated that there was optional language on page eight that does not fit into the ordinance now, but it was how Hutchinson had done it. Mr. Van Blaricum stated that it could be reworked to include a time or non-smoking areas. Commissioner Borho asked if he had had time to look at the Wichita ordinance. Mr. Van Blaricum stated that he had it and would discuss it at the next meeting. Commissioner Taylor questioned the optional language of 9:00 p.m. to 5:00 a.m. Mr. Van Blaricum commented that the question would be when they open. Chief Holmes commented that the code states that you can sell from 9:00 a.m. to 2:00 a.m. and cereal malt beverages are from 6:00 a.m. to 12:00 a.m. Commissioner Taylor suggested that the optional language say that they cannot stay open after 2:00 a.m.
Commissioner Borho commented that the Hutchinson paper had printed an article stating that since the smoking ban, the heart attack rate had dropped. Commissioner Borho continued stating that a Colorado paper had stated that the heart attack rate in Colorado had dropped by 41% after three years and they felt the smoking ban had been responsible for that. Commissioner Borho stated that all of Colorado was smoke free. Commissioner Hlavachick stated that he has heard about third hand smoke and that the actual tar and poisons get into clothing and carpet.
New Attorney:
Mr. Van Blaricum stated that he had hired a new attorney that would be working as the Assistant County Attorney. Mr. Van Blaricum commented that Mr. Gavan Wood was a recent graduate and was to take the bar in February. Mr. Van Blaricum informed the Commission that he would be doing some City things and may do some private practice work. Commissioner Borho questioned if he was a native of Oklahoma. Mr. Van Blaricum stated that he was from the Caldwell area and that he wanted to live in a small place in Kansas.
Cylinder heads:
Mr. Kelly Hemphill, Director of Electric Utilities, stated that Chubbs Insurance had reactivated the insurance claim and that we were waiting hoping that Fairbanks Morse would pay for the heads. Mr. Hemphill commented that Fairbanks Morse was waiting on a machine to come to the United States that would produce new serial numbers on the cylinder heads. City Manager Howard commented that we did not want cylinder heads that were cast from the same lot.
Distribution:
Mr. Hemphill informed the Commission that Line Distribution employees were taking down Christmas decorations.
Level II Certification:
Public Works Director Russ Rambat commented that Mr. Mike Jones had received his level II certification and was now certified in both water and waste water.
Year end report:
Police Chief Holmes commented that his year-end report would be delayed due to the homicide taking precedence. Commissioner Peltier asked if they were about to wrap up the investigation. Chief Holmes stated that the investigation was done, but the paper work was not.
Mr. Van Blaricum commented that the attorneys for the suspects were out of Hutchinson. Mr. Van Blaricum commented that being on the front of the investigation; he was impressed with the professionalism of our police department. Mr. Van Blaricum commented that it was like CSI, but in slow motion and that he was very impressed.
Sales tax:
Finance Director Diana Garten informed the Commission that sales tax for 2008 was up $107,871.22 from 2007. Ms. Garten commented that she was finishing up the 2008 books, but early indication was that the City came out well. Commissioner Borho stated that she appreciated the bar graphs.
New policy in effect:
City Clerk Kramer stated the utility department had started implementing the code that states that bills have to be paid on time.
Smoking Ordinance:
Commissioner Peltier questioned if the smoking ordinance would be on the next agenda. Commissioner Taylor commented that it was for discussion, but we could vote on it. Mr. Van Blaricum stated that it was redrafted from the previous discussion and that it should be discussed one time and then voted on later. Commissioner Borho commented that when or if it passes, we should give a six month window so that businesses have time to come into compliance. Commissioner Peltier commented that we should look at the economic impact and that he had visited with Rick’s Restaurant and they felt that since going smoke free, their business had improved. Commissioner Peltier added that if there is not a negative impact, then we should not consider anything but non-smoking. Commissioner Borho commented that Rick’s Restaurant is a restaurant with no alcohol. Commissioner Peltier commented that second hand smoke causes problems and we should do something.
ADJOURN:
A motion by Commissioner Taylor to adjourn. The motion was seconded by Commissioner Hlavachick and carried unanimously.
__________________________________
GLENNA BORHO, Vice-Mayor
(SEAL)
ATTEST:
_________________________________
LUANN KRAMER, City Clerk
01/19/09 Approved City Commission minutes
MONDAY
JANUARY 19, 2009
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
Steve Holmes Chief of Police
Russ Rambat Public Works Director
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 January 05, 2009 regular Commission meeting. The motion was seconded by Commissioner Borho and carried with four approved votes and an abstain vote from Mayor Nystrom.
OPEN AGENDA:
No one in the audience wished to address the Commission.
BUSINESS:
DISCUSSION ON AIRPORT ZONING COMMISSION ‘LETTERS OF INTEREST’:
Mayor Nystrom commented that the Airport Zoning Commission would consist of seven members with representatives from the City, County, City of Iuka, and the Planning and Zoning Commission. Mayor Nystrom stated that Mr. Fred Badders had accepted a position on the Airport Zoning Commission since he was a currently on the City’s Planning and Zoning Commission.
Mayor Nystrom stated that Mr. Bob Blasi was in the audience and had submitted a letter of interest. Mayor Nystrom commented that Mr. Blasi would be a good member on the Airport Zoning Commission as he was a business leader and a former member of the Airport Authority. Commissioner Borho asked that the Mayor list the names of persons that had submitted letters of interest. Mayor Nystrom stated letters were received from Mr. Jim Stratford who would represent the County; Mr. Wesley Norman from Edward D. Jones; Mr. Bob Blasi; Mr. Brad George representing the City of Iuka and was also a Council Member in Iuka; Mr. Bill Parker who was the former Airport Manager and retired FAA; Mr. Brian Hoffman, Chamber Director; Mr. Ted Loomis from the Peoples Bank; Mr. Gary Eppler who was retired Air Force; Mr. Eric McManaman, who is in the County, but may be relocating; and Mr. Chris Lovell, Corporate pilot, flight instructor, part time employee for Randy Huitt. Commissioner Taylor questioned if Mr. Badders was the only member from the Planning and Zoning Commission. City Manager Dave Howard stated that if the Commission wanted the Planning and Zoning to be more involved they would be, but Mr. Badders had agreed to represent them.
Commissioner Borho questioned what would happen if we decided to make the Commission nine members instead of seven. City Attorney Ken Van Blaricum stated that that would not be a problem and a motion could change it to nine. Mayor Nystrom asked if it mattered where a person lived. Mr. Howard stated that it did not. Commissioner Borho reminded the Commission that someone from Iuka needed to be on the Commission. Mayor Nystrom commented that he would nominate Mr. Brad George to the Airport Zoning Commission since he was a City of Iuka Council member. Commissioner Taylor stated that Mr. Badders would represent the Planning and Zoning Commission. Commissioner Hlavachick added that Mr. Jim Stratford could represent the farming community. Commissioner Taylor commented that he would like to see Mr. Ted Loomis on the Commission also. Mayor Nystrom stated that he would nominate Mr. Bob Blasi. Commissioner Borho nominated Mr. Gary Eppler as Commissioner Taylor nominated Mr. Bill Parker. Commissioner Borho added Mr. Tom Jones to the list of members with Commissioner Peltier adding Mr. Wes Norman.
A motion by Commissioner Borho to expand the Airport Zoning Commission from seven members to nine members. The motion was seconded by Commissioner Hlavachick and carried unanimously.
A motion by Commissioner Borho to appoint Mr. Bob Blasi, Mr. Gary Eppler, Mr. Jim Stratford, Mr. Tom Jones, Mr. Ted Loomis, Mr. Wes Norman, Mr. Bill Parker, Mr. Fred Badders, and Mr. Brad George to the Airport Zoning Commission with Mr. Reid Bell as ex officio. The motion was seconded by Commissioner Peltier and carried unanimously.
Mayor Nystrom questioned if there was a term limit for the members. Mr. Howard explained that once the issues have been resolved, the board would dissolve. Mr. Reid Bell commented that permits would be issued through his office. Mr. Howard stated that would depend on what this Commission wants on that issue and that the ordinance would be approved by the City Commission. Commissioner Taylor questioned if that would be ready by the next meeting. Mr. Howard commented that there had to be public hearings first. Mr. Bell stated that it would probably be sometime next month.
DISCUSSION ON ‘DRAFT’ ORDINANCE CONCERNING SMOKING IN PUBLIC PLACES:
City Attorney Ken Van Blaricum commented that this ordinance had been talked about earlier and he had put together a draft to bring to the Commission for review that included input from Commission discussion and public input. Mr. Van Blaricum commented that he had reviewed several different ordinances from Cities that had previously passed some type of ordinance banning smoking in public places.
Mr. Van Blaricum explained that the ‘Whereas’ section indicates that the Commission recognizes that smoke is not good and why we are doing the ordinance. Mr. Van Blaricum commented that the purpose was so that non-smokers could breathe smoke free air. Mr. Van Blaricum stated that the definitions were self-explanatory, but that ‘K’ on page three was a new one that explains separate smoking areas and that an indoor area has to be physically separate and include an appropriate ventilation system. Commissioner Borho questioned using the word ‘separate’ instead of ‘appropriate’. Mr. Van Blaricum stated that you can, but that ‘appropriate’ means up to the City inspector. Commissioner Taylor commented that ‘separate’ could be in a separate room. Mr. Van Blaricum commented that farther in the ordinance you can see how it works. Mr. Van Blaricum continued stating that prohibition of smoking was in all enclosed places and the ordinance contained a list of those. Mr. Van Blaricum pointed out ‘G’ on page four and that it states licensed premises except the following; which includes outdoor seating or seating in an area that was physically separate. Mr. Van Blaricum commented that Woody’s could not allow smoking inside, but could outside since there was a barrier separating the areas. Commissioner Peltier commented that the barrier would be the wall and the door. Commissioner Borho asked if the north room could be smoking. Commissioner Peltier commented that there was a huge opening going into that room. Mr. Van Blaricum stated that all indoors would be non-smoking. Mr. Van Blaricum pointed out the paragraph stating that the City Inspector will go by the building code and this ordinance in regards to separate ventilation and smoke free restaurants. Mr. Van Blaricum added that it comes down to the City Inspector looking at proposed designated smoking areas and saying they are okay. Mayor Nystrom commented that they could make it work with existing systems that do not exhaust into an exiting unit. Mr. Van Blaricum clarified that it cannot get into other areas of the building. Commissioner Peltier commented that filtration or exhaust systems could be used.
Mr. Van Blaricum commented that it had been discussed earlier about smoking being allowed outside the front or back doors and that Wichita had prohibited that up to ten (10) feet. Mr. Van Blaricum stated that he had left that out of ours. Commissioner Peltier commented that ten feet in Pratt would take you to the curb and would be unenforceable. Commissioner Borho commented that that would make it difficult for our business owners and that the Club could not use the area they had discussed for an outdoor area. Commissioner Hlavachick commented that he did not want to stop that. Commissioner Peltier commented that studies had shown that to recoup lost revenue, some bars and taverns have put in patios.
Mr. Van Blaricum commented that those were some of the changes he had made, but clarified that smoking would be prohibited in places of employment, allowed in private residences, allowed in no more than twenty-five percent (25%) of motel rooms, allowed in retail tobacco stores, prohibited in conference or meeting rooms used for private functions while food or beverage service functions were taking place.
Commissioner Borho questioned allowing smoking certain hours that had been discussed last time. Commissioner Taylor mentioned the ‘optional language’ on the last page. Mr. Van Blaricum explained that that was one way of doing it and that you could forget the designated room and use the optional language instead. Commissioner Borho commented that allowing smoking any hour defeats the smoking ordinance. Commissioner Borho suggested that we do not use the optional language and give the owners six (6) months to do structural changes. Mayor Nystrom commented that it could go into effect July 1st; which is the beginning of the fiscal year. Commissioner Taylor questioned if a person could add a smoking room after July 1st. Mr. Van Blaricum stated that they could. Commissioner Peltier commented that he would like to see the Commission adopt a no smoking ordinance that allowed smoking in bars from 10:30 p.m. to close. Commissioner Borho commented that she was against that. Commissioner Peltier added that this portion could sunset in 2010 and that would give them time to get ready. Commissioner Peltier commented that studies show that banned smoking shows no economic impact. Commissioner Peltier stated that Marion County, Illinois did a study on the impact from second hand smoke and that $16.7 million dollars had been spent on health care issues and that children were adversely affected. Commissioner Peltier explained that the study showed that Columbia had a negative economic impact in their bars and New York had a significant impact. Commissioner Peltier continued stating that the impact on health care was positive and that we have an obligation to the citizens to protect them. Commissioner Peltier stated that the economic impact was positive except for bars. Commissioner Peltier suggested that the ordinance take effect May 5th and then give the owners seven or eight months to make changes. Commissioner Peltier commented that if the idea was to get rid of smoke, then we need to get rid of it. Commissioner Borho clarified what Commissioner Peltier was asking was that smoking be allowed in bar areas after 10:30 p.m. to close and other hours were non-smoking. Commissioner Peltier added that the ordinance would go into effect in May, but allow bar areas to have smoking after 10:30 p.m. Commissioner Taylor commented that after May you can smoke from 10:30 p.m. to close and then the first of 2010, owners have to accommodate the ordinance. Mayor Nystrom commented that that would give them time to see if they want to invest in construction. Commissioner Borho commented that she did not want the business owners to think of the Commission as hardened. Commissioner Hlavachick stated that Mr. Bobby Eastes had stated that a big share of revenue comes after 10:00 p.m.
Mr. Van Blaricum stated that if there was a consensus on this, he would prepare a new draft and he suggested that we let the public know that we are going to talk about it and invite public participation. Commissioner Borho commented that we need to have it on the February 2nd agenda. Mayor Nystrom agreed and commented that if people show up, the Commission would deal with it.
Commissioner Peltier questioned if the 25% of hotel rooms allowing smoking was enforceable. Mayor Nystrom commented that that was controlled by the hotel chain. Police Chief Steve Holmes added that the rooms are designated smoking and that they can take care of it by accessing a penalty to your credit card if rules are not followed.
Commissioner Peltier questioned if the Sports Complex was non-smoking. Mayor Nystrom commented that USD was non-smoking. Commissioner Taylor commented that it was City property and City property was non-smoking. City Manager Howard commented that you should not even be able to smoke in the parking lot. Commissioner Hlavachick commented that you cannot smoke in the parks. Mayor Nystrom stated that it was just common sense. Commissioner Borho pointed out ‘N’ on page three of the draft ordinance where it talked about Sports Arenas where there is physical exercise, athletic competition or witnessing of a sports event. Commissioner Peltier commented that it would have to be complaint driven. Commissioner Borho questioned, if smoking was prohibited on City property, were vehicles included in that. Mr. Howard commented that it did not say City property. Mr. Van Blaricum stated that it did not and that it said public place. Commissioner Peltier commented that there is a loss of productivity from people who smoke on the job. Commissioner Borho commented that she wanted to be sure about smoking in City vehicles if someone in the general public would ask. Mr. Van Blaricum commented that that was a good question and that on page five #C it states that smoking is prohibited in enclosed areas and that would include a City vehicle.
Mayor Nystrom requested that an ordinance be on the agenda for February 2nd and state that it take effect May 1st and sunset January 1, 2010.
Mr. Howard questioned that if employees cannot smoke in vehicles, can they go out back and smoke on City property since it was not enclosed. Mayor Nystrom commented that he thought that would be okay. Mr. Van Blaricum stated that was how it is drafted now and that any City employee working outdoors can smoke.
CONSIDERATION AND APPROVAL OFAPPOINTMENT TO PLANNING COMMISSION:
City Manager Dave Howard stated that the Planning Commission recommended Doug Meyer to the fill the remainder of the term previously held by Commissioner Peltier. Commissioner Borho commented that Mr. Meyers was a pharmacist at the hospital. A motion by Commissioner Hlavachick to appoint Doug Meyer to the Planning Commission to finish the term that will expire in 2011 and was vacated by City Commissioner Peltier. The motion was seconded by Commissioner Borho and carried with four approved votes. Commissioner Peltier was absent during this discussion.
CONSIDERATION AND APPROVAL OF APPOINTMENTS TO THE CEMETERY BOARD:
A motion by Commissioner Taylor to appoint Rita Hitt and Tom Jones to another term on the cemetery board. The motion was seconded by Commissioner Hlavachick and carried unanimously.
CONSIDERATION AND APPROVAL OF PRATT CITY ATTORNEY AGREEMENT:
City Attorney Ken Van Blaricum commented that this statement was the same one that Ernie Richardson had drawn up a few years ago. Mr. Van Blaricum stated that this was a fair contract for the year 2009. A motion by Commissioner Borho to approve the City Attorney Agreement as printed. The motion was seconded by Commissioner Taylor and carried unanimously,
CONSIDERATION AND APPROVAL OF PRATT MUNICIPAL JUDGE:
Mr. Van Blaricum stated that this was the same agreement as Mr. Eisenhauer had signed before. Mr. Van Blaricum commented that Mr. Eisenhauer had been employed as Municipal Judge for three years and was on time and stays until work is done. Commissioner Peltier asked how often he shows up. Mr. Van Blaricum stated that he was there twice a week. Commissioner Taylor made a motion to extend the agreement between Rob Eisenhauer and the City of Pratt in the amount of $2,400 each month. The motion was seconded by Commissioner Borho and carried unanimously.
CONSIDERATION AND APPROVAL OF MUTUAL AID PROGRAM AND RESOLUTIONS PERTAINING TO MUTUAL AID:
· KMU MUTUAL AID PROGRAM AGREEMENT
· KMU MUTUAL AID PROGRAM FOR UTILITIES
· KMEA MUTUAL AID PROGRAM MEMBERSHIP
Director of Electric Utilities Kelly Hemphill informed the Commission that the KMEA mutual aid was the same mutual aid that the City had been involved with for the past six years. Mr. Hemphill commented that this had been very helpful during the ice storm and the tornado in 2002 and that we had also helped out Greensburg.
Mr. Hemphill stated that the KMU Mutual Aid program was formed by KRWA and was paid for by other entities. Mr. Hemphill commented that he felt that this was a good idea to join the program and should give us a broader base of cities to be involved with. Mr. Hemphill explained that it may require more response from us; which was not going to be a problem.
Mr. Hemphill commented that both programs are voluntary and can be exited by letter. Commissioner Borho questioned if there were more KMEA cities than KMU. City Manager Howard stated that there were more KMU cities, but KMEA had more cities in the mutual aid program. Commissioner Hlavachick commented that we had been with the mutual aid program for a number of years and it was great to have. Mr. Hemphill added that if both would call at the same time, our priority would be to KMEA.
A motion by Commissioner Hlavachick to approve Resolution 011909 and 011009A dealing with the mutual aid programs with KMEA and KMU. The motion was seconded by Commissioner Peltier and carried unanimously.
CONSIDERATION AND APPROVAL OF KDOT DOCUMENTS FOR REPLACING WATER LINE ON SOUTH MAIN STREET:
City Manager Howard reminded the Commission that they had approved the contract with Alan Luttrell of EBH Engineering to do the water line on the South Main Street project. Mr. Howard commented that this loan agreement was for the new street and the loan was for $1,292,000 at 4.17% interest rate over twenty years, making two payments a year. Commissioner Peltier questioned if this was a locked in rate. Mr. Howard stated that it was. Commissioner Taylor asked if we could get the rate any lower. Mr. Howard commented that we could refinance if we need to and we have done that in the past. Mr. Howard stated that we need this to get the project going and that the $1,292,000 was the highest number we would pay.
Commissioner Peltier asked if it would be three years before we start this project. Mr. Howard answered that it could be the later part of December 2010 or early spring 2011. Finance Director Diana Garten commented that you can start drawing down, but you do not have to pay back until you are drawing on it and that you draw funds down as they are expended. Mr. Howard commented that we would be doing monthly requests.
Mr. Howard informed the Commission that they needed to approve the ordinance approving the loan agreement and then they would approve the loan agreement.
The following Ordinance 0901 was then presented to the Commission for their approval: AN ORDINANCE AUTHORIZING THE EXECUTION OF A LOAN AGREEMENT BETWEEN PRATT, KANSAS AND THE STATE OF KANSAS, ACTING BY AND THROUGH THE KANSAS DEPARTMENT OF HEALTH AND ENVIRONMENT FOR THE PURPOSE OF OBTAINING A LOAN FROM THE KANSAS PUBLIC WATER SUPPLY LOAN FUND FOR THE PURPOSE OF FINANCING A PUBLIC WATER SUPPLY PROJECT; ESTABLISHING A DEDICATED SOURCE OF REVENUE FOR REPAYMENT OF SUCH LOAN; AUTHORIZING AND APPROVING CERTAIN DOCUMENTS IN CONNECTION THEREWITH; AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION WITH THE LOAN AGREEMENT. A motion by Commissioner Taylor to approve Ordinance 0901 approving the execution of the loan agreement on the water line project. The motion was seconded by Commissioner Borho and carried unanimously.
The following Loan Agreement was then presented to the Commission for their approval: LOAN AGREEMENT BETWEEN THE KANSAS DEPARTMENT OF HEALTH AND ENVIRONMENT ACTING ON BEHALF OF THE STATE OF KANSAS AND PRATT, KANSAS-KPWSLF PROJECT NO. 2528 EFFECTIVE AS OF DECEMBER 22, 2008. A motion by Commissioner Hlavachick to approve the loan agreement with KDHE and Pratt for the loan from the Public Water loan fund, project 2528 in the amount of $1,292,000. The motion was seconded by Commissioner Peltier and carried unanimously.
Commissioner Borho questioned if we could pay off this loan early. Mr. Howard stated that you can with stipulations.
REPORTS:
Servateria closed:
City Manager Howard informed the Commission that the Servateria had closed.
Jim hospitalized:
Mr. Howard informed the Commission that Mr. Jim Zeltner had been hospitalized earlier today and he was waiting for the doctor to see him when he had stopped by to check on him.
Yearly activities:
Police Chief Steve Holmes stated that he had a summary of yearly activities in the packet for the Commission to review. Chief Holmes commented that after visiting with Mr. Gale Rose of the Pratt Tribune, he noticed that dispatch service had dropped from 2006 to 2008. Chief Holmes added that police reports were up in 2007, but down in 2008 and accidents were down by about 100. Commissioner Borho asked where murder came in. Chief Holmes stated that it was under death investigation and that suicide numbers included attempts.
Theft in Lemon’s Park:
Chief Holmes stated that he had been in Lemon’s Park this afternoon just about ten minutes before a car had been broken into and two ladies had had their purses stolen. Chief Holmes suggested putting anything of value in your truck and out of sight.
Governor’s cuts:
Finance Director Garten commented that she had been following the Governor’s cuts and she should have a closer look for the Commission at the next meeting. Commissioner Borho questioned if this was one of the things that the League lobbies for. Mr. Howard stated that they do lobby for such things. Ms. Garten commented that she may attend City Hall day next week to visit with our representative.
City/County meeting:
City Clerk Kramer reminded the Commission that February 2nd was the next City/County joint meeting at 11:00 a.m. Mr. Howard commented that Mr. Marvin Nisley would be attending.
Wind propellers:
Commissioner Borho commented that she had the article on renewable energy put in the packet.
Property entering town:
Commissioner Borho commented that no matter what direction you come into Pratt, the properties make us look like a bad town. Commissioner Borho explained that coming into Pratt from Wichita, she noticed trash by Paso Junction and it looks like more junk is lying around. Commissioner Borho questioned if there was a way we could spruce up the entrances. Mr. Howard commented that the property out east was for sale on the north side and maybe someone would buy it for development. Mayor Nystrom commented that this time of year, things do look bad. Mr. Howard stated that Mr. Duane DeWeese had cleaned up the area by Southwest Truck a couple of months ago on a Saturday. Commissioner Borho stated that the town as a whole looks good, but the entrances could be spruced up.
Veterans Memorial Lake:
Commissioner Hlavachick invited everyone to take a tour of Veterans Memorial Lake, because things were looking up. Mayor Nystrom commented that it did look nice. Commissioner Hlavachick commented that there would be flushing toilets in shortly and that they were required to get a highway designation.
RECESS:
A motion by Commissioner Hlavachick to recess until Monday, February 2, 2009 at 11:00 a.m. to meet with the County Commissioners. The motion was seconded by Commissioner Taylor and carried unanimously.
_______________________________
ERIC NYSTROM, Mayor
(SEAL)
ATTEST:
_______________________________
LUANN KRAMER, City Clerk
JANUARY 19, 2009
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
Steve Holmes Chief of Police
Russ Rambat Public Works Director
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 January 05, 2009 regular Commission meeting. The motion was seconded by Commissioner Borho and carried with four approved votes and an abstain vote from Mayor Nystrom.
OPEN AGENDA:
No one in the audience wished to address the Commission.
BUSINESS:
DISCUSSION ON AIRPORT ZONING COMMISSION ‘LETTERS OF INTEREST’:
Mayor Nystrom commented that the Airport Zoning Commission would consist of seven members with representatives from the City, County, City of Iuka, and the Planning and Zoning Commission. Mayor Nystrom stated that Mr. Fred Badders had accepted a position on the Airport Zoning Commission since he was a currently on the City’s Planning and Zoning Commission.
Mayor Nystrom stated that Mr. Bob Blasi was in the audience and had submitted a letter of interest. Mayor Nystrom commented that Mr. Blasi would be a good member on the Airport Zoning Commission as he was a business leader and a former member of the Airport Authority. Commissioner Borho asked that the Mayor list the names of persons that had submitted letters of interest. Mayor Nystrom stated letters were received from Mr. Jim Stratford who would represent the County; Mr. Wesley Norman from Edward D. Jones; Mr. Bob Blasi; Mr. Brad George representing the City of Iuka and was also a Council Member in Iuka; Mr. Bill Parker who was the former Airport Manager and retired FAA; Mr. Brian Hoffman, Chamber Director; Mr. Ted Loomis from the Peoples Bank; Mr. Gary Eppler who was retired Air Force; Mr. Eric McManaman, who is in the County, but may be relocating; and Mr. Chris Lovell, Corporate pilot, flight instructor, part time employee for Randy Huitt. Commissioner Taylor questioned if Mr. Badders was the only member from the Planning and Zoning Commission. City Manager Dave Howard stated that if the Commission wanted the Planning and Zoning to be more involved they would be, but Mr. Badders had agreed to represent them.
Commissioner Borho questioned what would happen if we decided to make the Commission nine members instead of seven. City Attorney Ken Van Blaricum stated that that would not be a problem and a motion could change it to nine. Mayor Nystrom asked if it mattered where a person lived. Mr. Howard stated that it did not. Commissioner Borho reminded the Commission that someone from Iuka needed to be on the Commission. Mayor Nystrom commented that he would nominate Mr. Brad George to the Airport Zoning Commission since he was a City of Iuka Council member. Commissioner Taylor stated that Mr. Badders would represent the Planning and Zoning Commission. Commissioner Hlavachick added that Mr. Jim Stratford could represent the farming community. Commissioner Taylor commented that he would like to see Mr. Ted Loomis on the Commission also. Mayor Nystrom stated that he would nominate Mr. Bob Blasi. Commissioner Borho nominated Mr. Gary Eppler as Commissioner Taylor nominated Mr. Bill Parker. Commissioner Borho added Mr. Tom Jones to the list of members with Commissioner Peltier adding Mr. Wes Norman.
A motion by Commissioner Borho to expand the Airport Zoning Commission from seven members to nine members. The motion was seconded by Commissioner Hlavachick and carried unanimously.
A motion by Commissioner Borho to appoint Mr. Bob Blasi, Mr. Gary Eppler, Mr. Jim Stratford, Mr. Tom Jones, Mr. Ted Loomis, Mr. Wes Norman, Mr. Bill Parker, Mr. Fred Badders, and Mr. Brad George to the Airport Zoning Commission with Mr. Reid Bell as ex officio. The motion was seconded by Commissioner Peltier and carried unanimously.
Mayor Nystrom questioned if there was a term limit for the members. Mr. Howard explained that once the issues have been resolved, the board would dissolve. Mr. Reid Bell commented that permits would be issued through his office. Mr. Howard stated that would depend on what this Commission wants on that issue and that the ordinance would be approved by the City Commission. Commissioner Taylor questioned if that would be ready by the next meeting. Mr. Howard commented that there had to be public hearings first. Mr. Bell stated that it would probably be sometime next month.
DISCUSSION ON ‘DRAFT’ ORDINANCE CONCERNING SMOKING IN PUBLIC PLACES:
City Attorney Ken Van Blaricum commented that this ordinance had been talked about earlier and he had put together a draft to bring to the Commission for review that included input from Commission discussion and public input. Mr. Van Blaricum commented that he had reviewed several different ordinances from Cities that had previously passed some type of ordinance banning smoking in public places.
Mr. Van Blaricum explained that the ‘Whereas’ section indicates that the Commission recognizes that smoke is not good and why we are doing the ordinance. Mr. Van Blaricum commented that the purpose was so that non-smokers could breathe smoke free air. Mr. Van Blaricum stated that the definitions were self-explanatory, but that ‘K’ on page three was a new one that explains separate smoking areas and that an indoor area has to be physically separate and include an appropriate ventilation system. Commissioner Borho questioned using the word ‘separate’ instead of ‘appropriate’. Mr. Van Blaricum stated that you can, but that ‘appropriate’ means up to the City inspector. Commissioner Taylor commented that ‘separate’ could be in a separate room. Mr. Van Blaricum commented that farther in the ordinance you can see how it works. Mr. Van Blaricum continued stating that prohibition of smoking was in all enclosed places and the ordinance contained a list of those. Mr. Van Blaricum pointed out ‘G’ on page four and that it states licensed premises except the following; which includes outdoor seating or seating in an area that was physically separate. Mr. Van Blaricum commented that Woody’s could not allow smoking inside, but could outside since there was a barrier separating the areas. Commissioner Peltier commented that the barrier would be the wall and the door. Commissioner Borho asked if the north room could be smoking. Commissioner Peltier commented that there was a huge opening going into that room. Mr. Van Blaricum stated that all indoors would be non-smoking. Mr. Van Blaricum pointed out the paragraph stating that the City Inspector will go by the building code and this ordinance in regards to separate ventilation and smoke free restaurants. Mr. Van Blaricum added that it comes down to the City Inspector looking at proposed designated smoking areas and saying they are okay. Mayor Nystrom commented that they could make it work with existing systems that do not exhaust into an exiting unit. Mr. Van Blaricum clarified that it cannot get into other areas of the building. Commissioner Peltier commented that filtration or exhaust systems could be used.
Mr. Van Blaricum commented that it had been discussed earlier about smoking being allowed outside the front or back doors and that Wichita had prohibited that up to ten (10) feet. Mr. Van Blaricum stated that he had left that out of ours. Commissioner Peltier commented that ten feet in Pratt would take you to the curb and would be unenforceable. Commissioner Borho commented that that would make it difficult for our business owners and that the Club could not use the area they had discussed for an outdoor area. Commissioner Hlavachick commented that he did not want to stop that. Commissioner Peltier commented that studies had shown that to recoup lost revenue, some bars and taverns have put in patios.
Mr. Van Blaricum commented that those were some of the changes he had made, but clarified that smoking would be prohibited in places of employment, allowed in private residences, allowed in no more than twenty-five percent (25%) of motel rooms, allowed in retail tobacco stores, prohibited in conference or meeting rooms used for private functions while food or beverage service functions were taking place.
Commissioner Borho questioned allowing smoking certain hours that had been discussed last time. Commissioner Taylor mentioned the ‘optional language’ on the last page. Mr. Van Blaricum explained that that was one way of doing it and that you could forget the designated room and use the optional language instead. Commissioner Borho commented that allowing smoking any hour defeats the smoking ordinance. Commissioner Borho suggested that we do not use the optional language and give the owners six (6) months to do structural changes. Mayor Nystrom commented that it could go into effect July 1st; which is the beginning of the fiscal year. Commissioner Taylor questioned if a person could add a smoking room after July 1st. Mr. Van Blaricum stated that they could. Commissioner Peltier commented that he would like to see the Commission adopt a no smoking ordinance that allowed smoking in bars from 10:30 p.m. to close. Commissioner Borho commented that she was against that. Commissioner Peltier added that this portion could sunset in 2010 and that would give them time to get ready. Commissioner Peltier commented that studies show that banned smoking shows no economic impact. Commissioner Peltier stated that Marion County, Illinois did a study on the impact from second hand smoke and that $16.7 million dollars had been spent on health care issues and that children were adversely affected. Commissioner Peltier explained that the study showed that Columbia had a negative economic impact in their bars and New York had a significant impact. Commissioner Peltier continued stating that the impact on health care was positive and that we have an obligation to the citizens to protect them. Commissioner Peltier stated that the economic impact was positive except for bars. Commissioner Peltier suggested that the ordinance take effect May 5th and then give the owners seven or eight months to make changes. Commissioner Peltier commented that if the idea was to get rid of smoke, then we need to get rid of it. Commissioner Borho clarified what Commissioner Peltier was asking was that smoking be allowed in bar areas after 10:30 p.m. to close and other hours were non-smoking. Commissioner Peltier added that the ordinance would go into effect in May, but allow bar areas to have smoking after 10:30 p.m. Commissioner Taylor commented that after May you can smoke from 10:30 p.m. to close and then the first of 2010, owners have to accommodate the ordinance. Mayor Nystrom commented that that would give them time to see if they want to invest in construction. Commissioner Borho commented that she did not want the business owners to think of the Commission as hardened. Commissioner Hlavachick stated that Mr. Bobby Eastes had stated that a big share of revenue comes after 10:00 p.m.
Mr. Van Blaricum stated that if there was a consensus on this, he would prepare a new draft and he suggested that we let the public know that we are going to talk about it and invite public participation. Commissioner Borho commented that we need to have it on the February 2nd agenda. Mayor Nystrom agreed and commented that if people show up, the Commission would deal with it.
Commissioner Peltier questioned if the 25% of hotel rooms allowing smoking was enforceable. Mayor Nystrom commented that that was controlled by the hotel chain. Police Chief Steve Holmes added that the rooms are designated smoking and that they can take care of it by accessing a penalty to your credit card if rules are not followed.
Commissioner Peltier questioned if the Sports Complex was non-smoking. Mayor Nystrom commented that USD was non-smoking. Commissioner Taylor commented that it was City property and City property was non-smoking. City Manager Howard commented that you should not even be able to smoke in the parking lot. Commissioner Hlavachick commented that you cannot smoke in the parks. Mayor Nystrom stated that it was just common sense. Commissioner Borho pointed out ‘N’ on page three of the draft ordinance where it talked about Sports Arenas where there is physical exercise, athletic competition or witnessing of a sports event. Commissioner Peltier commented that it would have to be complaint driven. Commissioner Borho questioned, if smoking was prohibited on City property, were vehicles included in that. Mr. Howard commented that it did not say City property. Mr. Van Blaricum stated that it did not and that it said public place. Commissioner Peltier commented that there is a loss of productivity from people who smoke on the job. Commissioner Borho commented that she wanted to be sure about smoking in City vehicles if someone in the general public would ask. Mr. Van Blaricum commented that that was a good question and that on page five #C it states that smoking is prohibited in enclosed areas and that would include a City vehicle.
Mayor Nystrom requested that an ordinance be on the agenda for February 2nd and state that it take effect May 1st and sunset January 1, 2010.
Mr. Howard questioned that if employees cannot smoke in vehicles, can they go out back and smoke on City property since it was not enclosed. Mayor Nystrom commented that he thought that would be okay. Mr. Van Blaricum stated that was how it is drafted now and that any City employee working outdoors can smoke.
CONSIDERATION AND APPROVAL OFAPPOINTMENT TO PLANNING COMMISSION:
City Manager Dave Howard stated that the Planning Commission recommended Doug Meyer to the fill the remainder of the term previously held by Commissioner Peltier. Commissioner Borho commented that Mr. Meyers was a pharmacist at the hospital. A motion by Commissioner Hlavachick to appoint Doug Meyer to the Planning Commission to finish the term that will expire in 2011 and was vacated by City Commissioner Peltier. The motion was seconded by Commissioner Borho and carried with four approved votes. Commissioner Peltier was absent during this discussion.
CONSIDERATION AND APPROVAL OF APPOINTMENTS TO THE CEMETERY BOARD:
A motion by Commissioner Taylor to appoint Rita Hitt and Tom Jones to another term on the cemetery board. The motion was seconded by Commissioner Hlavachick and carried unanimously.
CONSIDERATION AND APPROVAL OF PRATT CITY ATTORNEY AGREEMENT:
City Attorney Ken Van Blaricum commented that this statement was the same one that Ernie Richardson had drawn up a few years ago. Mr. Van Blaricum stated that this was a fair contract for the year 2009. A motion by Commissioner Borho to approve the City Attorney Agreement as printed. The motion was seconded by Commissioner Taylor and carried unanimously,
CONSIDERATION AND APPROVAL OF PRATT MUNICIPAL JUDGE:
Mr. Van Blaricum stated that this was the same agreement as Mr. Eisenhauer had signed before. Mr. Van Blaricum commented that Mr. Eisenhauer had been employed as Municipal Judge for three years and was on time and stays until work is done. Commissioner Peltier asked how often he shows up. Mr. Van Blaricum stated that he was there twice a week. Commissioner Taylor made a motion to extend the agreement between Rob Eisenhauer and the City of Pratt in the amount of $2,400 each month. The motion was seconded by Commissioner Borho and carried unanimously.
CONSIDERATION AND APPROVAL OF MUTUAL AID PROGRAM AND RESOLUTIONS PERTAINING TO MUTUAL AID:
· KMU MUTUAL AID PROGRAM AGREEMENT
· KMU MUTUAL AID PROGRAM FOR UTILITIES
· KMEA MUTUAL AID PROGRAM MEMBERSHIP
Director of Electric Utilities Kelly Hemphill informed the Commission that the KMEA mutual aid was the same mutual aid that the City had been involved with for the past six years. Mr. Hemphill commented that this had been very helpful during the ice storm and the tornado in 2002 and that we had also helped out Greensburg.
Mr. Hemphill stated that the KMU Mutual Aid program was formed by KRWA and was paid for by other entities. Mr. Hemphill commented that he felt that this was a good idea to join the program and should give us a broader base of cities to be involved with. Mr. Hemphill explained that it may require more response from us; which was not going to be a problem.
Mr. Hemphill commented that both programs are voluntary and can be exited by letter. Commissioner Borho questioned if there were more KMEA cities than KMU. City Manager Howard stated that there were more KMU cities, but KMEA had more cities in the mutual aid program. Commissioner Hlavachick commented that we had been with the mutual aid program for a number of years and it was great to have. Mr. Hemphill added that if both would call at the same time, our priority would be to KMEA.
A motion by Commissioner Hlavachick to approve Resolution 011909 and 011009A dealing with the mutual aid programs with KMEA and KMU. The motion was seconded by Commissioner Peltier and carried unanimously.
CONSIDERATION AND APPROVAL OF KDOT DOCUMENTS FOR REPLACING WATER LINE ON SOUTH MAIN STREET:
City Manager Howard reminded the Commission that they had approved the contract with Alan Luttrell of EBH Engineering to do the water line on the South Main Street project. Mr. Howard commented that this loan agreement was for the new street and the loan was for $1,292,000 at 4.17% interest rate over twenty years, making two payments a year. Commissioner Peltier questioned if this was a locked in rate. Mr. Howard stated that it was. Commissioner Taylor asked if we could get the rate any lower. Mr. Howard commented that we could refinance if we need to and we have done that in the past. Mr. Howard stated that we need this to get the project going and that the $1,292,000 was the highest number we would pay.
Commissioner Peltier asked if it would be three years before we start this project. Mr. Howard answered that it could be the later part of December 2010 or early spring 2011. Finance Director Diana Garten commented that you can start drawing down, but you do not have to pay back until you are drawing on it and that you draw funds down as they are expended. Mr. Howard commented that we would be doing monthly requests.
Mr. Howard informed the Commission that they needed to approve the ordinance approving the loan agreement and then they would approve the loan agreement.
The following Ordinance 0901 was then presented to the Commission for their approval: AN ORDINANCE AUTHORIZING THE EXECUTION OF A LOAN AGREEMENT BETWEEN PRATT, KANSAS AND THE STATE OF KANSAS, ACTING BY AND THROUGH THE KANSAS DEPARTMENT OF HEALTH AND ENVIRONMENT FOR THE PURPOSE OF OBTAINING A LOAN FROM THE KANSAS PUBLIC WATER SUPPLY LOAN FUND FOR THE PURPOSE OF FINANCING A PUBLIC WATER SUPPLY PROJECT; ESTABLISHING A DEDICATED SOURCE OF REVENUE FOR REPAYMENT OF SUCH LOAN; AUTHORIZING AND APPROVING CERTAIN DOCUMENTS IN CONNECTION THEREWITH; AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION WITH THE LOAN AGREEMENT. A motion by Commissioner Taylor to approve Ordinance 0901 approving the execution of the loan agreement on the water line project. The motion was seconded by Commissioner Borho and carried unanimously.
The following Loan Agreement was then presented to the Commission for their approval: LOAN AGREEMENT BETWEEN THE KANSAS DEPARTMENT OF HEALTH AND ENVIRONMENT ACTING ON BEHALF OF THE STATE OF KANSAS AND PRATT, KANSAS-KPWSLF PROJECT NO. 2528 EFFECTIVE AS OF DECEMBER 22, 2008. A motion by Commissioner Hlavachick to approve the loan agreement with KDHE and Pratt for the loan from the Public Water loan fund, project 2528 in the amount of $1,292,000. The motion was seconded by Commissioner Peltier and carried unanimously.
Commissioner Borho questioned if we could pay off this loan early. Mr. Howard stated that you can with stipulations.
REPORTS:
Servateria closed:
City Manager Howard informed the Commission that the Servateria had closed.
Jim hospitalized:
Mr. Howard informed the Commission that Mr. Jim Zeltner had been hospitalized earlier today and he was waiting for the doctor to see him when he had stopped by to check on him.
Yearly activities:
Police Chief Steve Holmes stated that he had a summary of yearly activities in the packet for the Commission to review. Chief Holmes commented that after visiting with Mr. Gale Rose of the Pratt Tribune, he noticed that dispatch service had dropped from 2006 to 2008. Chief Holmes added that police reports were up in 2007, but down in 2008 and accidents were down by about 100. Commissioner Borho asked where murder came in. Chief Holmes stated that it was under death investigation and that suicide numbers included attempts.
Theft in Lemon’s Park:
Chief Holmes stated that he had been in Lemon’s Park this afternoon just about ten minutes before a car had been broken into and two ladies had had their purses stolen. Chief Holmes suggested putting anything of value in your truck and out of sight.
Governor’s cuts:
Finance Director Garten commented that she had been following the Governor’s cuts and she should have a closer look for the Commission at the next meeting. Commissioner Borho questioned if this was one of the things that the League lobbies for. Mr. Howard stated that they do lobby for such things. Ms. Garten commented that she may attend City Hall day next week to visit with our representative.
City/County meeting:
City Clerk Kramer reminded the Commission that February 2nd was the next City/County joint meeting at 11:00 a.m. Mr. Howard commented that Mr. Marvin Nisley would be attending.
Wind propellers:
Commissioner Borho commented that she had the article on renewable energy put in the packet.
Property entering town:
Commissioner Borho commented that no matter what direction you come into Pratt, the properties make us look like a bad town. Commissioner Borho explained that coming into Pratt from Wichita, she noticed trash by Paso Junction and it looks like more junk is lying around. Commissioner Borho questioned if there was a way we could spruce up the entrances. Mr. Howard commented that the property out east was for sale on the north side and maybe someone would buy it for development. Mayor Nystrom commented that this time of year, things do look bad. Mr. Howard stated that Mr. Duane DeWeese had cleaned up the area by Southwest Truck a couple of months ago on a Saturday. Commissioner Borho stated that the town as a whole looks good, but the entrances could be spruced up.
Veterans Memorial Lake:
Commissioner Hlavachick invited everyone to take a tour of Veterans Memorial Lake, because things were looking up. Mayor Nystrom commented that it did look nice. Commissioner Hlavachick commented that there would be flushing toilets in shortly and that they were required to get a highway designation.
RECESS:
A motion by Commissioner Hlavachick to recess until Monday, February 2, 2009 at 11:00 a.m. to meet with the County Commissioners. The motion was seconded by Commissioner Taylor and carried unanimously.
_______________________________
ERIC NYSTROM, Mayor
(SEAL)
ATTEST:
_______________________________
LUANN KRAMER, City Clerk
Thursday, January 29, 2009
Feb. 2, 2009 City Commission Agendas
MONDAY
FEBRUARY 02, 2009
PRATT CITY COMMISSION – RECESSED COMMISSION MEETING WITH COUNTY
COMMISSION ROOM – 11:00 A.M.
1. CALL TO ORDER
2. ROLL
3. BUSINESS:
3.1 Discussion on Recycling Program within the City of Pratt – Marvin Niseley, Nisely Brothers Trash Service
3.2 General Discussion – City and County Commission
4. ADJOURN
MONDAY
FEBRUARY 02, 2009
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 – January 19, 2009 Regular Commission Meeting
4. OPEN AGENDA
5. BUSINESS:
5.1 Presentation of “Joe Wynn Volunteer Award’ for 2007 to the Pratt Rotary Club – Mayor and Commission
5.2 Consideration and Approval of Ordinance Amending Zoning Classification – Ken Van Blaricum, City Attorney; Dave Howard, City Manager (Ordinance 0902)
5.3 Consideration and Approval of Ordinance Concerning Smoking in Public Places – Ken Van Blaricum, City Attorney (Ordinance 0903)
5.4 Consideration and Approval of Bid to Crush Old Concrete for Alley and Utility Cut Use – Russ Rambat, Public Works Director
5.5 Consideration and Approval of Replacement of Computer and Software at the Cemetery Directory – Russ Rambat, Public Works Director
5.6 Consideration and Approval of Floodplain Management Resolution – Dave Howard, City Manager (Resolution 020209)
5.7 Discussion on Removal of South Cooling Towers of Power Plant #1 – Dave Howard, City Manager; Ernie Smith, Electric Superintendent; Kenny Kreutzer, Energy Agent
6. REPORTS:
6.1 City Manager
6.2 City Attorney
6.3 Department Heads
6.4 Mayor
6.5 City Commission
7. ADJOURN.
FEBRUARY 02, 2009
PRATT CITY COMMISSION – RECESSED COMMISSION MEETING WITH COUNTY
COMMISSION ROOM – 11:00 A.M.
1. CALL TO ORDER
2. ROLL
3. BUSINESS:
3.1 Discussion on Recycling Program within the City of Pratt – Marvin Niseley, Nisely Brothers Trash Service
3.2 General Discussion – City and County Commission
4. ADJOURN
MONDAY
FEBRUARY 02, 2009
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 – January 19, 2009 Regular Commission Meeting
4. OPEN AGENDA
5. BUSINESS:
5.1 Presentation of “Joe Wynn Volunteer Award’ for 2007 to the Pratt Rotary Club – Mayor and Commission
5.2 Consideration and Approval of Ordinance Amending Zoning Classification – Ken Van Blaricum, City Attorney; Dave Howard, City Manager (Ordinance 0902)
5.3 Consideration and Approval of Ordinance Concerning Smoking in Public Places – Ken Van Blaricum, City Attorney (Ordinance 0903)
5.4 Consideration and Approval of Bid to Crush Old Concrete for Alley and Utility Cut Use – Russ Rambat, Public Works Director
5.5 Consideration and Approval of Replacement of Computer and Software at the Cemetery Directory – Russ Rambat, Public Works Director
5.6 Consideration and Approval of Floodplain Management Resolution – Dave Howard, City Manager (Resolution 020209)
5.7 Discussion on Removal of South Cooling Towers of Power Plant #1 – Dave Howard, City Manager; Ernie Smith, Electric Superintendent; Kenny Kreutzer, Energy Agent
6. REPORTS:
6.1 City Manager
6.2 City Attorney
6.3 Department Heads
6.4 Mayor
6.5 City Commission
7. ADJOURN.
Monday, January 19, 2009
12/15/08 Minutes-Regular Commission meeting
MONDAY
DECEMBER 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
Diana Garten Finance Director
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 Hlavachick to approve the minutes of the December 01, 2008 regular Commission meeting. The motion was seconded by Commissioner Taylor and passed unanimously.
OPEN AGENDA:
No one in the audience wished to address the Commission.
BUSINESS:
PUBLIC HEARING ON AMENDING THE 2008 CITY OF PRATT BUDGET:
· Open Public Hearing by Motion
A motion by Mayor Nystrom to open the public hearing on amending the 2008 City of Pratt budget. The motion was seconded by Commissioner Hlavachick and carried unanimously.
· Discussion on Amendments
Mayor Nystrom asked if there was any discussion on the amendments to the City of Pratt budget for 2008. There was no one that wished to discuss the budget issue.
· Close Public Hearing by Motion
A motion by Mayor Nystrom to close the public hearing. The motion was seconded by Commissioner Taylor and carried unanimously.
CONSIDERATION AND APPROVAL OF AMENDMENTS TO THE 2008 CITY OF PRATT BUDGET:
Finance Director Diana Garten commented that she needed the Commission’s approval of the amendments to the 2008 budget as published. A motion by Commissioner Borho to approve the amendments to the 2008 City of Pratt budget as published. The motion was seconded by Commissioner Taylor and carried unanimously.
CONSIDERATION AND APPROVAL OF RESOLUTION EXEMPTING THE CITY FROM THE REQUIREMENTS OF K.S.A. 75-1120a(a):
City Attorney Ken Van Blaricum stated that this was a resolution exempting the City of accounting procedures according to state statute with the exception of the water, electric and wastewater funds. Ms. Garten added that the City reports on a cash basis. Commissioner Borho questioned why the sanitation fund was not included. Ms. Garten stated that it probably should be. Mr. Van Blaricum agreed.
The following Resolution 121508 was then presented to the Commission for their approval: A RESOLUTION EXEMPTING THE CITY OF PRATT FROM THE REQUIREMENTS OF K.S.A. 75-1120a(a) PROVIDING FOR UNIFORM SYSTEM OF FISCAL PROCEDURES, ACCOUNTING, AND REPORTING FOR MUNICIPALTIES. A motion by Commissioner Taylor to approve Resolution 121508 and to add the sanitation fund. The motion was seconded by Commission Borho and carried unanimously.
CONSIDERATION AND APPROVAL OF ORDINANCE ESTABLISHING COMPENSATION FOR CITY EMPLOYEES:
City Attorney Van Blaricum commented that this was the table of salaries and wage structures done every year. Ms. Garten explained that there was a corrected table for the Commission to review and that it had been changed due to the increase in minimum wage; therefore, the starting wage was higher.
The following Ordinance 0806 was then presented to the Commission for their approval: AN ORDINANCE AMENDING SECTION 2 OF ORDINANCE 0707 ESTABLISHING CLASSIFICATIONS COMPENSATION OF ALL ELECTED OR APPOINTED OFFICERS AND EMPLOYEES OF THE CITY OF PRATT, KANSAS, AND AMENDING SECTION 1 OF ORDINANCE 0707 ESTABLISHING THE COMPENSATION FOR SALARIED POSITIONS AND REPEALING ORDINANCES INCONSISTENT THEREWITH. A motion by Commissioner Borho to approve Ordinance 0806 concerning compensation for City of Pratt employees with the amended Exhibit A. The motion was seconded by Commissioner Hlavachick and carried unanimously.
CONSIDERATION AND APPROVAL OF RESOLUTION PERTAINING TO THE HAZARD MITIGATION PLAN:
Public Works Director Russ Rambat explained that this resolution dealt with the hazard mitigation plan discussed at the last meeting. Mr. Rambat commented that this was our part where we agree to allow EFM Consulting to work up our plan that will work into the County’s plan. Commissioner Borho questioned where they were from. Mr. Rambat stated that he was not sure. City Manager Dave Howard commented that the cost was covered by grant funding and there would not be any out-of-pocket expense. Mr. Howard added that this helps with FEMA disasters by an additional five percent (5%). Commissioner Borho asked if it was retroactive. Mr. Howard stated that it was not and that this firm would not get involved with the debate on how much damage was caused by the ice storm and how much was age. A motion by Commissioner Taylor to approve Resolution 121508A pertaining to the hazard mitigation plan for the City with EFM Consulting Firm. The motion was seconded by Commissioner Borho and carried unanimously.
CONSIDERATION AND APPROVAL OF THE PURCHASE OF AN EMERGENCY WARNING SYSTEM FOR PRAIRIE PARKWAY BUSINESS PARK:
Director of Electric Utilities Kelly Hemphill stated that this was a subject that had been talked about at past meetings and that he had visited the site. Mr. Hemphill commented that there was a need for a siren by the college. Commissioner Taylor questioned visits during the siren tests. Mr. Hemphill stated that hearing the siren depends on how strong the wind is blowing and that if you are inside a building you cannot hear it very well. Mr. Hemphill explained that there was not a siren located in the general area of the college and showed a map of the locations of the sirens in that area.
City Manager Howard added that the sirens are tested every Monday and that they have been heard. Mr. Howard commented that raising the one siren did improve the sound, but there are a lot of people in that area with the Industrial Park filling up. Commissioner Peltier commented that $12,000 was a small expense for what was at stake. Commissioner Borho added that with the motel and other businesses, it would be money well spent. Mr. Hemphill stated that if you are inside buildings, at that proximity, you may be able to hear the siren. Mr. Van Blaricum commented that this had been discussed at a college board meeting and that the cost was not that great, but the benefit was. Commissioner Taylor asked if this siren would rotate. Mr. Hemphill stated that it would.
Mr. Hemphill explained that with today’s technology, this siren could be run off of circuits. Commissioner Taylor questioned if the ones in the City were like that. Mr. Hemphill stated that they were not. Mr. Howard commented that in the last few weeks, two others have failed, so overlapping was not a bad idea.
A motion by Commissioner Peltier to approve the purchase of a siren from Federal Signal at a cost of $12,122.02 that includes the transformer and DC rectifier option. Mr. Hemphill commented that from the time Kansas Wildlife and Parks had ordered their siren, the cost had increased by $5,000. The motion was seconded by Commissioner Borho and carried unanimously.
Commissioner Borho questioned how the one at Wildlife and Parks had been paid for. Mr. Hemphill stated that they had paid for it and the City had helped put it up.
CONSIDERATION AND APPROVAL OF 2009 CEREAL MALT BEVERAGE LICENSE:
Police Chief Steve Holmes stated that the application for El Dos De Oros had been rejected at the last meeting due to non-citizenship. Chief Holmes explained that they had been contacted and had informed the City Clerk that this was a clerical error. Chief Holmes commented that a new application had been filed and they do meet the requirements according to the code. A motion by Commissioner Hlavachick to approve the 2009 cereal malt beverage license for El Dos De Oros. The motion was seconded by Commissioner Peltier and carried unanimously.
CONSIDERATION AND APPROVAL OF THE PURCHASE OF A BUDGETED POLICE VEHICLE:
Chief Holmes stated that he had received bids from Doug Reh Chevrolet and Lanterman Motors on a police package vehicle. Chief Holmes explained that they do not make the same car in the police package. Chief Holmes commented that Doug Reh Chevrolet came in at $20,806.65, which was the low bid that included $2,000 for the trade-in of a forfeiture vehicle that had been held out of the earlier auction. Commissioner Borho questioned if you got more car in a Crown Victoria. Chief Holmes stated that there is no place inside for the equipment needed in the patrol cars. Commissioner Borho commented that the Impala would get better gas mileage and Chief Holmes agreed. A motion by Commissioner Borho to approve the purchase of a 2009 Chevy Impala from Doug Reh Chevrolet and to trade-in the vehicle valued at $2,000 for a difference of $20,806.65. The motion was seconded by Commissioner Hlavachick and carried unanimously.
DISCUSSION ON 5-YEAR PLAN SUBMITTED TO KDOT:
Public Works Director Russ Rambat informed the Commission that he had gotten together with City Manager Howard and EBH Engineering to talk about a five year plan that had to be submitted to KDOT by December 01, 2008. Mr. Rambat presented a KDOT functional map that they furnish showing highways and collector streets in the City. Mr. Rambat explained that these streets are allowed funding and that KDOT is offering 80/20 funding on these types of projects, so Maple Street going to Highway 61 was our first goal. Mr. Rambat commented that the second project was Simpson Street to Logan Street and that the third interest would be School Street to the cemetery entrance. Mr. Rambat explained that north of Maple Street needed to be flattened out. Mr. Rambat continued with the fourth project that was a mill and overlay from Pine Street to Country Club Road. Mr. Rambat stated that the fifth goal would be to mill and overlay Rochester Street to Parke Street and the final project would involve the Lemon/Withers addition taking off by the new motel and back to Highway 54.
Mr. Rambat stated that he had attended a meeting with Ms. Garten and that they are not sure what we will have to work with, but commented that he would stay on top of this and jump through what hoops needed to get the best package KDOT can offer. Mr. Rambat clarified that the City was not bound to any of these projects and that funding was allocated between many city and county applications. City Manager Howard commented that with talk from the new administration for the country, they are discussing infrastructure and we want to have ourselves in order and get the biggest piece of the pie.
DISCUSSION ON YEARLY BOUNDARY RESOLUTION:
City Attorney Ken Van Blaricum commented that we review the City boundaries each year and that although we had purchased properties on Sixth Street and the depot area, those did not affect the boundaries. Mr. Van Blaricum stated that we do not have to do a new ordinance for 2008. City Manager Howard commented that he had hoped to have the other two properties closed out before the end of the year, but we cannot annex them until we are the owner. Commissioner Taylor questioned if we would wait to do the boundary changes in next year’s ordinance. Mr. Howard stated that was correct.
DISCUSSION ON AIRPORT ZONING COMMISSION:
City Manager Howard informed the Commission that there had been a lot of interest in the Airport Commission and that he had asked them to submit a letter of interest so that no one would be forgotten. Commissioner Borho questioned if the City Commission appoints this committee. City Attorney Van Blaricum stated that the statute states that the political subdivision shall appoint the commission. Mr. Van Blaricum continued stating that the Airport Commission cannot do anything until they are a Commission and have a public hearing. Commissioner Borho asked if we had to take the recommendations from the Planning & Zoning Commission. Mr. Van Blaricum stated that you do not. Mr. Howard commented that at the last meeting, a seven member committee had been discussed, but can be as big or little as the City Commission wants it to be. Mr. Howard stated that he would like to set a deadline for letters of interest. Mayor Nystrom commented that he would be absent at the January 5th meeting, but would be here on the 19th. Commissioner Taylor suggested that the deadline be set for January 10th so that there would be time for review before the next meeting. Mayor Nystrom commented that that would give the press one more opportunity to publish this information. Commissioner Taylor commented that we need to be clear if it has to be postmarked by the 9th or received by the 9th. Mr. Howard stated that we need to have the letters of interest by the close of business on the 9th.
Commissioner Taylor commented that he was glad to see that there was so much interest. Mayor Nystrom stated that they were trying to protect their interests. Mr. Howard commented that there were definitely two sides and that the public can still have input even if they are not on the committee. Commissioner Borho commented that the committee should be five neutral people. Commissioner Hlavachick disagreed stating that it would be materialistic. Commissioner Borho commented that we have the advantage to not accept the recommendations. Commissioner Taylor commented that it would be ‘stacking the deck’ if five people from that area were on the committee. Commissioner Borho added that you want different outlooks or you do not have a good study committee. Commissioner Taylor stated that he would like to see someone for it, opposed to it and then neutral members also. Commissioner Peltier commented that with a board of those types of people, you would not get any decisions.
REPORTS:
Recycling:
City Manager Howard commented that he had visited with the County Commission concerning the recycling of cardboard. Mr. Howard stated that they had said that the recycling business is tied in with the seventeen county economical deal, but that they would be willing to hear more about it at the next joint meeting. Mr. Howard commented that he had not visited with Mr. Nisly yet. Commissioner Borho commented that she was not sure people were taking their stuff to the recycling place anyway. Mr. Howard commented that some businesses are overloading their dumpsters. Commissioner Taylor stated that he had called the people in Wichita and they told him that he could bring over his stuff for December, but that they could not pay him right now. Commissioner Taylor added that there has been cardboard stocked piled for months, because there is no money in it right now.
Lease money:
Mr. Howard informed the Commission that the City had received the $59,750 lease money from Alltel on the J.C. Food’s building. Mr. Howard reminded the Commission that at budget, it had been discussed that those funds could go towards the renovation of the building and Chief Kramer was working on plans for the layout and projects that need done first. Commissioner Peltier questioned if it would be cheaper to renovate than rebuild. Mr. Howard commented that some think that we should rebuild. Commissioner Peltier questioned if this would be big enough for what we want. Mr. Howard stated that it was plenty big and should last us well into the future.
Commissioner Peltier questioned if the County would have anything that could be stored there. Commissioner Borho commented that the County has one unit and the others are owned by Township 12. Commissioner Peltier questioned if Township 12 would want to protect their equipment. Mr. Howard commented that they are looking into a building by the EMS building that would include storm shelters. Commissioner Peltier asked if we were interested in that. Mr. Howard commented that we could discuss anything they wanted.
Mr. Howard stated that he wanted to make sure that the agreement was to have the money go to the fire department along with the budgeted dollars. Mayor Nystrom asked if that would get the front done. Mr. Howard stated that it should do the front and the floor. Mr. Howard explained that they had had a company come and take core samples and they came back that it would support the trucks. Mr. Howard stated that the building was four good walls and that the front can come off and be replaced and that Chief Kramer had talked to several different people about that. Commissioner Taylor commented that he would like to go look at it and maybe the joint meeting would be a good time.
5 year plan:
Mr. Howard stated that Chamber Director Brian Hoffman had attended a meeting in Garden City that discussed the City’s five year plan and he had spoken of the Maple Street priority and the 54 project. Mr. Howard commented that Mr. Rambat would be meeting with him on Friday.
Municipal Court review:
City Attorney Van Blaricum commented that he was pleased with Municipal Court and that Ms. Walker was very efficient and Judge Eisenhauer does a good job. Mr. Van Blaricum stated that he meets about once a week with indigent attorney Candace Lattin to look at what was going on.
2008 Curb project:
Public Works Director Russ Rambat stated that he would get a pay estimate for the 2008 curb and gutter project.
FEMA:
Director of Electric Utilities Kelly Hemphill stated that there had been a big FEMA meeting and the issues of damage had been discussed. Mr. Hemphill commented that they would be throwing out the old project work orders and creating new ones for the 2007 ice storm. Commissioner Borho asked if this was on the disputed amount. Mr. Hemphill stated that it was and that the appeal process had been the stumbling block, but there would be guide lines this time.
Cylinders:
Mr. Hemphill commented that the cylinders were still an on-going thing, but that we were going to get them. Mr. Hemphill stated that we know that nine cylinder heads are cracked and that the one replaced is now in question due to the serial number. Mr. Howard added that with winter coming on, we did not know if we will need that machine, but the insurance company said to go ahead and use it. Mr. Howard commented that the nine heads had not been pulled and that we would not be able to get it back together if we needed to use it. Power Plant Superintendent Ernie Smith commented that we would be responsible for the gasket pieces and the reassembly. Commissioner Borho questioned that cost. Mr. Smith stated that it would be about $1200. Commissioner Borho commented that it sounded like they were taking responsibility.
2008 budget:
Finance Director Garten commented that we were finishing out the 2008 budget year and the department heads had been asked to put off large purchases unless necessary.
January 5th:
Mayor Nystrom reminded the Commission and staff that he would not be at the January 5th Commission meeting.
Appreciation from Wildlife and Parks:
Commissioner Taylor stated that he had been at the Wildlife and Parks dinner last week and they appreciate what the City has done and that they had mentioned the siren and other potential projects. Commissioner Taylor commented that he had told them we appreciated them being a part of our City and their employees.
Smoking ordinance:
Commissioner Peltier questioned when we would be addressing the smoking ordinance again. Mr. Van Blaricum commented that he can have it anytime. Commissioner Peltier asked to have it on the next agenda. Commissioner Borho asked Mr. Van Blaricum to look at the City of Wichita’s ordinance also. Mr. Van Blaricum commented that he would look at that and that he had reviewed the City of Emporia’s and that it went on for too long. Mr. Van Blaricum stated that he would get a copy with the revisions discussed to the Commission to review.
ADJOURN:
A motion by Commissioner Taylor to adjourn. The motion was seconded by Commissioner Hlavachick and carried unanimously.
________________________________
GLENNA BORHO, Vice-Mayor
(SEAL)
ATTEST:
___________________________________
LUANN KRAMER, City Clerk
DECEMBER 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
Diana Garten Finance Director
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 Hlavachick to approve the minutes of the December 01, 2008 regular Commission meeting. The motion was seconded by Commissioner Taylor and passed unanimously.
OPEN AGENDA:
No one in the audience wished to address the Commission.
BUSINESS:
PUBLIC HEARING ON AMENDING THE 2008 CITY OF PRATT BUDGET:
· Open Public Hearing by Motion
A motion by Mayor Nystrom to open the public hearing on amending the 2008 City of Pratt budget. The motion was seconded by Commissioner Hlavachick and carried unanimously.
· Discussion on Amendments
Mayor Nystrom asked if there was any discussion on the amendments to the City of Pratt budget for 2008. There was no one that wished to discuss the budget issue.
· Close Public Hearing by Motion
A motion by Mayor Nystrom to close the public hearing. The motion was seconded by Commissioner Taylor and carried unanimously.
CONSIDERATION AND APPROVAL OF AMENDMENTS TO THE 2008 CITY OF PRATT BUDGET:
Finance Director Diana Garten commented that she needed the Commission’s approval of the amendments to the 2008 budget as published. A motion by Commissioner Borho to approve the amendments to the 2008 City of Pratt budget as published. The motion was seconded by Commissioner Taylor and carried unanimously.
CONSIDERATION AND APPROVAL OF RESOLUTION EXEMPTING THE CITY FROM THE REQUIREMENTS OF K.S.A. 75-1120a(a):
City Attorney Ken Van Blaricum stated that this was a resolution exempting the City of accounting procedures according to state statute with the exception of the water, electric and wastewater funds. Ms. Garten added that the City reports on a cash basis. Commissioner Borho questioned why the sanitation fund was not included. Ms. Garten stated that it probably should be. Mr. Van Blaricum agreed.
The following Resolution 121508 was then presented to the Commission for their approval: A RESOLUTION EXEMPTING THE CITY OF PRATT FROM THE REQUIREMENTS OF K.S.A. 75-1120a(a) PROVIDING FOR UNIFORM SYSTEM OF FISCAL PROCEDURES, ACCOUNTING, AND REPORTING FOR MUNICIPALTIES. A motion by Commissioner Taylor to approve Resolution 121508 and to add the sanitation fund. The motion was seconded by Commission Borho and carried unanimously.
CONSIDERATION AND APPROVAL OF ORDINANCE ESTABLISHING COMPENSATION FOR CITY EMPLOYEES:
City Attorney Van Blaricum commented that this was the table of salaries and wage structures done every year. Ms. Garten explained that there was a corrected table for the Commission to review and that it had been changed due to the increase in minimum wage; therefore, the starting wage was higher.
The following Ordinance 0806 was then presented to the Commission for their approval: AN ORDINANCE AMENDING SECTION 2 OF ORDINANCE 0707 ESTABLISHING CLASSIFICATIONS COMPENSATION OF ALL ELECTED OR APPOINTED OFFICERS AND EMPLOYEES OF THE CITY OF PRATT, KANSAS, AND AMENDING SECTION 1 OF ORDINANCE 0707 ESTABLISHING THE COMPENSATION FOR SALARIED POSITIONS AND REPEALING ORDINANCES INCONSISTENT THEREWITH. A motion by Commissioner Borho to approve Ordinance 0806 concerning compensation for City of Pratt employees with the amended Exhibit A. The motion was seconded by Commissioner Hlavachick and carried unanimously.
CONSIDERATION AND APPROVAL OF RESOLUTION PERTAINING TO THE HAZARD MITIGATION PLAN:
Public Works Director Russ Rambat explained that this resolution dealt with the hazard mitigation plan discussed at the last meeting. Mr. Rambat commented that this was our part where we agree to allow EFM Consulting to work up our plan that will work into the County’s plan. Commissioner Borho questioned where they were from. Mr. Rambat stated that he was not sure. City Manager Dave Howard commented that the cost was covered by grant funding and there would not be any out-of-pocket expense. Mr. Howard added that this helps with FEMA disasters by an additional five percent (5%). Commissioner Borho asked if it was retroactive. Mr. Howard stated that it was not and that this firm would not get involved with the debate on how much damage was caused by the ice storm and how much was age. A motion by Commissioner Taylor to approve Resolution 121508A pertaining to the hazard mitigation plan for the City with EFM Consulting Firm. The motion was seconded by Commissioner Borho and carried unanimously.
CONSIDERATION AND APPROVAL OF THE PURCHASE OF AN EMERGENCY WARNING SYSTEM FOR PRAIRIE PARKWAY BUSINESS PARK:
Director of Electric Utilities Kelly Hemphill stated that this was a subject that had been talked about at past meetings and that he had visited the site. Mr. Hemphill commented that there was a need for a siren by the college. Commissioner Taylor questioned visits during the siren tests. Mr. Hemphill stated that hearing the siren depends on how strong the wind is blowing and that if you are inside a building you cannot hear it very well. Mr. Hemphill explained that there was not a siren located in the general area of the college and showed a map of the locations of the sirens in that area.
City Manager Howard added that the sirens are tested every Monday and that they have been heard. Mr. Howard commented that raising the one siren did improve the sound, but there are a lot of people in that area with the Industrial Park filling up. Commissioner Peltier commented that $12,000 was a small expense for what was at stake. Commissioner Borho added that with the motel and other businesses, it would be money well spent. Mr. Hemphill stated that if you are inside buildings, at that proximity, you may be able to hear the siren. Mr. Van Blaricum commented that this had been discussed at a college board meeting and that the cost was not that great, but the benefit was. Commissioner Taylor asked if this siren would rotate. Mr. Hemphill stated that it would.
Mr. Hemphill explained that with today’s technology, this siren could be run off of circuits. Commissioner Taylor questioned if the ones in the City were like that. Mr. Hemphill stated that they were not. Mr. Howard commented that in the last few weeks, two others have failed, so overlapping was not a bad idea.
A motion by Commissioner Peltier to approve the purchase of a siren from Federal Signal at a cost of $12,122.02 that includes the transformer and DC rectifier option. Mr. Hemphill commented that from the time Kansas Wildlife and Parks had ordered their siren, the cost had increased by $5,000. The motion was seconded by Commissioner Borho and carried unanimously.
Commissioner Borho questioned how the one at Wildlife and Parks had been paid for. Mr. Hemphill stated that they had paid for it and the City had helped put it up.
CONSIDERATION AND APPROVAL OF 2009 CEREAL MALT BEVERAGE LICENSE:
Police Chief Steve Holmes stated that the application for El Dos De Oros had been rejected at the last meeting due to non-citizenship. Chief Holmes explained that they had been contacted and had informed the City Clerk that this was a clerical error. Chief Holmes commented that a new application had been filed and they do meet the requirements according to the code. A motion by Commissioner Hlavachick to approve the 2009 cereal malt beverage license for El Dos De Oros. The motion was seconded by Commissioner Peltier and carried unanimously.
CONSIDERATION AND APPROVAL OF THE PURCHASE OF A BUDGETED POLICE VEHICLE:
Chief Holmes stated that he had received bids from Doug Reh Chevrolet and Lanterman Motors on a police package vehicle. Chief Holmes explained that they do not make the same car in the police package. Chief Holmes commented that Doug Reh Chevrolet came in at $20,806.65, which was the low bid that included $2,000 for the trade-in of a forfeiture vehicle that had been held out of the earlier auction. Commissioner Borho questioned if you got more car in a Crown Victoria. Chief Holmes stated that there is no place inside for the equipment needed in the patrol cars. Commissioner Borho commented that the Impala would get better gas mileage and Chief Holmes agreed. A motion by Commissioner Borho to approve the purchase of a 2009 Chevy Impala from Doug Reh Chevrolet and to trade-in the vehicle valued at $2,000 for a difference of $20,806.65. The motion was seconded by Commissioner Hlavachick and carried unanimously.
DISCUSSION ON 5-YEAR PLAN SUBMITTED TO KDOT:
Public Works Director Russ Rambat informed the Commission that he had gotten together with City Manager Howard and EBH Engineering to talk about a five year plan that had to be submitted to KDOT by December 01, 2008. Mr. Rambat presented a KDOT functional map that they furnish showing highways and collector streets in the City. Mr. Rambat explained that these streets are allowed funding and that KDOT is offering 80/20 funding on these types of projects, so Maple Street going to Highway 61 was our first goal. Mr. Rambat commented that the second project was Simpson Street to Logan Street and that the third interest would be School Street to the cemetery entrance. Mr. Rambat explained that north of Maple Street needed to be flattened out. Mr. Rambat continued with the fourth project that was a mill and overlay from Pine Street to Country Club Road. Mr. Rambat stated that the fifth goal would be to mill and overlay Rochester Street to Parke Street and the final project would involve the Lemon/Withers addition taking off by the new motel and back to Highway 54.
Mr. Rambat stated that he had attended a meeting with Ms. Garten and that they are not sure what we will have to work with, but commented that he would stay on top of this and jump through what hoops needed to get the best package KDOT can offer. Mr. Rambat clarified that the City was not bound to any of these projects and that funding was allocated between many city and county applications. City Manager Howard commented that with talk from the new administration for the country, they are discussing infrastructure and we want to have ourselves in order and get the biggest piece of the pie.
DISCUSSION ON YEARLY BOUNDARY RESOLUTION:
City Attorney Ken Van Blaricum commented that we review the City boundaries each year and that although we had purchased properties on Sixth Street and the depot area, those did not affect the boundaries. Mr. Van Blaricum stated that we do not have to do a new ordinance for 2008. City Manager Howard commented that he had hoped to have the other two properties closed out before the end of the year, but we cannot annex them until we are the owner. Commissioner Taylor questioned if we would wait to do the boundary changes in next year’s ordinance. Mr. Howard stated that was correct.
DISCUSSION ON AIRPORT ZONING COMMISSION:
City Manager Howard informed the Commission that there had been a lot of interest in the Airport Commission and that he had asked them to submit a letter of interest so that no one would be forgotten. Commissioner Borho questioned if the City Commission appoints this committee. City Attorney Van Blaricum stated that the statute states that the political subdivision shall appoint the commission. Mr. Van Blaricum continued stating that the Airport Commission cannot do anything until they are a Commission and have a public hearing. Commissioner Borho asked if we had to take the recommendations from the Planning & Zoning Commission. Mr. Van Blaricum stated that you do not. Mr. Howard commented that at the last meeting, a seven member committee had been discussed, but can be as big or little as the City Commission wants it to be. Mr. Howard stated that he would like to set a deadline for letters of interest. Mayor Nystrom commented that he would be absent at the January 5th meeting, but would be here on the 19th. Commissioner Taylor suggested that the deadline be set for January 10th so that there would be time for review before the next meeting. Mayor Nystrom commented that that would give the press one more opportunity to publish this information. Commissioner Taylor commented that we need to be clear if it has to be postmarked by the 9th or received by the 9th. Mr. Howard stated that we need to have the letters of interest by the close of business on the 9th.
Commissioner Taylor commented that he was glad to see that there was so much interest. Mayor Nystrom stated that they were trying to protect their interests. Mr. Howard commented that there were definitely two sides and that the public can still have input even if they are not on the committee. Commissioner Borho commented that the committee should be five neutral people. Commissioner Hlavachick disagreed stating that it would be materialistic. Commissioner Borho commented that we have the advantage to not accept the recommendations. Commissioner Taylor commented that it would be ‘stacking the deck’ if five people from that area were on the committee. Commissioner Borho added that you want different outlooks or you do not have a good study committee. Commissioner Taylor stated that he would like to see someone for it, opposed to it and then neutral members also. Commissioner Peltier commented that with a board of those types of people, you would not get any decisions.
REPORTS:
Recycling:
City Manager Howard commented that he had visited with the County Commission concerning the recycling of cardboard. Mr. Howard stated that they had said that the recycling business is tied in with the seventeen county economical deal, but that they would be willing to hear more about it at the next joint meeting. Mr. Howard commented that he had not visited with Mr. Nisly yet. Commissioner Borho commented that she was not sure people were taking their stuff to the recycling place anyway. Mr. Howard commented that some businesses are overloading their dumpsters. Commissioner Taylor stated that he had called the people in Wichita and they told him that he could bring over his stuff for December, but that they could not pay him right now. Commissioner Taylor added that there has been cardboard stocked piled for months, because there is no money in it right now.
Lease money:
Mr. Howard informed the Commission that the City had received the $59,750 lease money from Alltel on the J.C. Food’s building. Mr. Howard reminded the Commission that at budget, it had been discussed that those funds could go towards the renovation of the building and Chief Kramer was working on plans for the layout and projects that need done first. Commissioner Peltier questioned if it would be cheaper to renovate than rebuild. Mr. Howard commented that some think that we should rebuild. Commissioner Peltier questioned if this would be big enough for what we want. Mr. Howard stated that it was plenty big and should last us well into the future.
Commissioner Peltier questioned if the County would have anything that could be stored there. Commissioner Borho commented that the County has one unit and the others are owned by Township 12. Commissioner Peltier questioned if Township 12 would want to protect their equipment. Mr. Howard commented that they are looking into a building by the EMS building that would include storm shelters. Commissioner Peltier asked if we were interested in that. Mr. Howard commented that we could discuss anything they wanted.
Mr. Howard stated that he wanted to make sure that the agreement was to have the money go to the fire department along with the budgeted dollars. Mayor Nystrom asked if that would get the front done. Mr. Howard stated that it should do the front and the floor. Mr. Howard explained that they had had a company come and take core samples and they came back that it would support the trucks. Mr. Howard stated that the building was four good walls and that the front can come off and be replaced and that Chief Kramer had talked to several different people about that. Commissioner Taylor commented that he would like to go look at it and maybe the joint meeting would be a good time.
5 year plan:
Mr. Howard stated that Chamber Director Brian Hoffman had attended a meeting in Garden City that discussed the City’s five year plan and he had spoken of the Maple Street priority and the 54 project. Mr. Howard commented that Mr. Rambat would be meeting with him on Friday.
Municipal Court review:
City Attorney Van Blaricum commented that he was pleased with Municipal Court and that Ms. Walker was very efficient and Judge Eisenhauer does a good job. Mr. Van Blaricum stated that he meets about once a week with indigent attorney Candace Lattin to look at what was going on.
2008 Curb project:
Public Works Director Russ Rambat stated that he would get a pay estimate for the 2008 curb and gutter project.
FEMA:
Director of Electric Utilities Kelly Hemphill stated that there had been a big FEMA meeting and the issues of damage had been discussed. Mr. Hemphill commented that they would be throwing out the old project work orders and creating new ones for the 2007 ice storm. Commissioner Borho asked if this was on the disputed amount. Mr. Hemphill stated that it was and that the appeal process had been the stumbling block, but there would be guide lines this time.
Cylinders:
Mr. Hemphill commented that the cylinders were still an on-going thing, but that we were going to get them. Mr. Hemphill stated that we know that nine cylinder heads are cracked and that the one replaced is now in question due to the serial number. Mr. Howard added that with winter coming on, we did not know if we will need that machine, but the insurance company said to go ahead and use it. Mr. Howard commented that the nine heads had not been pulled and that we would not be able to get it back together if we needed to use it. Power Plant Superintendent Ernie Smith commented that we would be responsible for the gasket pieces and the reassembly. Commissioner Borho questioned that cost. Mr. Smith stated that it would be about $1200. Commissioner Borho commented that it sounded like they were taking responsibility.
2008 budget:
Finance Director Garten commented that we were finishing out the 2008 budget year and the department heads had been asked to put off large purchases unless necessary.
January 5th:
Mayor Nystrom reminded the Commission and staff that he would not be at the January 5th Commission meeting.
Appreciation from Wildlife and Parks:
Commissioner Taylor stated that he had been at the Wildlife and Parks dinner last week and they appreciate what the City has done and that they had mentioned the siren and other potential projects. Commissioner Taylor commented that he had told them we appreciated them being a part of our City and their employees.
Smoking ordinance:
Commissioner Peltier questioned when we would be addressing the smoking ordinance again. Mr. Van Blaricum commented that he can have it anytime. Commissioner Peltier asked to have it on the next agenda. Commissioner Borho asked Mr. Van Blaricum to look at the City of Wichita’s ordinance also. Mr. Van Blaricum commented that he would look at that and that he had reviewed the City of Emporia’s and that it went on for too long. Mr. Van Blaricum stated that he would get a copy with the revisions discussed to the Commission to review.
ADJOURN:
A motion by Commissioner Taylor to adjourn. The motion was seconded by Commissioner Hlavachick and carried unanimously.
________________________________
GLENNA BORHO, Vice-Mayor
(SEAL)
ATTEST:
___________________________________
LUANN KRAMER, City Clerk
01/05/09 Minutes-Regular Commission meeting
MONDAY
JANUARY 05, 2009
The Governing Body of the City of Pratt met in Regular session in the Commission Room located in City Hall.
PRESENT: Glenna Borho Vice-Mayor
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
Steve Holmes Chief of Police
Russ Rambat Public Works Director
Kelly Hemphill Dir. of Electric Utilities
CALL TO ORDER:
Vice-Mayor Glenna Borho called the regular session to order. The Vice-Mayor instructed the Clerk to note that all Commissioners were present with the exception of Mayor Nystrom.
MINUTES:
A motion by Commissioner Taylor to approve the minutes of the December 15, 2008 regular Commission meeting. The motion was seconded by Commissioner Hlavachick and carried unanimously.
OPEN AGENDA:
No one in the audience wished to address the Commission.
BUSINESS:
CONSIDERATION AND APPROVAL OF ENGINEERING SERVICES FOR KDOT KLINK RESURFACING PROJECT (US 281 HIGHWAY):
Alan Luttrell, EBH Engineering, reminded the Commission that the City had applied for a geometric project from First Street to halfway between Third Street and Forth Street. Mr. Luttrell stated that this contract was for the other half that included between Third Street and Forth Street to Sixth Street. Mr. Luttrell commented that KDOT had given us these two projects, but had taken away the project on the north end and they had combined them into one KLINK project. Commissioner Taylor questioned that with revenues down, could they take this away from us. Mr. Luttrell stated that he did not think so since this money comes from the Federal Government. Commissioner Taylor asked about projects down the road. Mr. Luttrell commented that they could delay us from going out for bids. Mr. Luttrell added that with the new administration, he anticipates that the government will throw more money to infrastructure.
Mr. Luttrell reported that this agreement included the other half of the Main Street project. Public Works Director Russ Rambat added that KDOT will be getting more involved with geometric projects. Commissioner Borho questioned how long it would be before we know about adding bricks back into Main Street. Mr. Luttrell stated that we should know in the next couple of months and that would be the Commission’s decision. Commissioner Peltier asked if this was paid for through KDOT. Mr. Luttrell stated that they would if used in cross walks. City Manager Dave Howard added that it is paid for up to a certain amount. Commissioner Peltier questioned if this would be a maintenance problem. Mr. Luttrell commented that as a general rule, it is not. Commissioner Taylor commented that there should be less breakage with concrete being thicker. Commissioner Taylor questioned if stamped concrete held up better than bricks. Mr. Luttrell stated that it was about the same. Commissioner Peltier commented that if it ever had to be torn out, you would have to duplicate it. Mr. Rambat added that the longevity might be better in that you can get moisture under the bricks.
Mr. Luttrell commented that KDOT combined the two projects so that one contractor would do the whole job. Mr. Howard stated that when we get closer to engineering, we will go to the businesses through the Chamber. Mr. Luttrell commented that KDOT may dictate whether the project is done all at one time. Mr. Howard commented that we had been working on parking and that we want to make it as easy as possible. Commissioner Borho commented that this would be a labor intensive project whether bricks or stamped concrete are used and it would have an effect on businesses. Mr. Howard stated that the water line would be a big deal. Commissioner Borho stated that it has to be replaced.
A motion by Commissioner Hlavachick to accept the contract from EBH Engineering for engineering on the KLINK resurfacing project on Highway 281. The motion was seconded by Commissioner Taylor and carried unanimously.
Commissioner Taylor asked how long the project would last, taking into consideration the weather and everything. Mr. Luttrell stated that it would be three to nine months. Commissioner Borho commented that the water line would be quite a bit of that. Commissioner Taylor clarified that if we started in the winter or early spring, it could be the end of the year before they were finished. Mr. Howard stated that was correct. Mr. Luttrell commented that we want to use as many of the summer months as we can. Commissioner Borho asked if they would be using a machine like they had on the Highway 54 project. Mr. Luttrell stated that would depend on the contractor.
REPORTS:
Airport Zoning Board:
City Manager Howard stated that he had had more interest in the Airport Zoning Board. Mr. Howard reminded everyone that the deadline for letters of interest would be before the close of business on January 9th.
Freeze on major expenditures:
Commissioner Borho questioned if there was still a freeze on major expenditures for the first few months of the new year. Mr. Howard stated that it would be for four or five months so that we could see what the economy was going to do.
State revenues down:
Commissioner Taylor questioned if we would start seeing cuts in what we get from the state with their revenues being down. Finance Director Garten commented that the property tax does not change and that sales tax is based on sales, so we should not be affected too much. Commissioner Taylor asked Police Chief Holmes if law enforcement would see any changes. Chief Holmes stated that he had not heard of anything that had been cut. Chief Holmes added that homeland security money came through the Governor and Highway Patrol.
Commissioner Taylor asked if we could see a cut back on water usage. Mr. Howard stated that it was tough to tell with the holidays and that we may be able to tell after a longer period of time. Mr. Howard added that in talking to businesses, most did not do as well, but they were not sure if it was due to the economy.
Commissioner Borho commented that by what we budgeted for fuel this year, we should look pretty good.
Smoking Ordinance:
City Attorney Ken Van Blaricum stated that there was another draft of the smoking ordinance for the Commission to review and that he had made the changes requested at their last discussion. Mr. Van Blaricum stated that there was a new definition on page three for designated smoking area. Mr. Van Blaricum stated that item ‘G’ #1 and #2 on page four defines where smoking is prohibited and that the paragraph following was all new material.
Mr. Van Blaricum stated that there was optional language on page eight that does not fit into the ordinance now, but it was how Hutchinson had done it. Mr. Van Blaricum stated that it could be reworked to include a time or non-smoking areas. Commissioner Borho asked if he had had time to look at the Wichita ordinance. Mr. Van Blaricum stated that he had it and would discuss it at the next meeting. Commissioner Taylor questioned the optional language of 9:00 p.m. to 5:00 a.m. Mr. Van Blaricum commented that the question would be when they open. Chief Holmes commented that the code states that you can sell from 9:00 a.m. to 2:00 a.m. and cereal malt beverages are from 6:00 a.m. to 12:00 a.m. Commissioner Taylor suggested that the optional language say that they cannot stay open after 2:00 a.m.
Commissioner Borho commented that the Hutchinson paper had printed an article stating that since the smoking ban, the heart attack rate had dropped. Commissioner Borho continued stating that a Colorado paper had stated that the heart attack rate in Colorado had dropped by 41% after three years and they felt the smoking ban had been responsible for that. Commissioner Borho stated that all of Colorado was smoke free. Commissioner Hlavachick stated that he has heard about third hand smoke and that the actual tar and poisons get into clothing and carpet.
New Attorney:
Mr. Van Blaricum stated that he had hired a new attorney that would be working as the Assistant County Attorney. Mr. Van Blaricum commented that Mr. Gavan Wood was a recent graduate and was to take the bar in February. Mr. Van Blaricum informed the Commission that he would be doing some City things and may do some private practice work. Commissioner Borho questioned if he was a native of Oklahoma. Mr. Van Blaricum stated that he was from the Caldwell area and that he wanted to live in a small place in Kansas.
Cylinder heads:
Mr. Kelly Hemphill, Director of Electric Utilities, stated that Chubbs Insurance had reactivated the insurance claim and that we were waiting hoping that Fairbanks Morse would pay for the heads. Mr. Hemphill commented that Fairbanks Morse was waiting on a machine to come to the United States that would produce new serial numbers on the cylinder heads. City Manager Howard commented that we did not want cylinder heads that were cast from the same lot.
Distribution:
Mr. Hemphill informed the Commission that Line Distribution employees were taking down Christmas decorations.
Level II Certification:
Public Works Director Russ Rambat commented that Mr. Mike Jones had received his level II certification and was now certified in both water and waste water.
Year end report:
Police Chief Holmes commented that his year-end report would be delayed due to the homicide taking precedence. Commissioner Peltier asked if they were about to wrap up the investigation. Chief Holmes stated that the investigation was done, but the paper work was not.
Mr. Van Blaricum commented that the attorneys for the suspects were out of Hutchinson. Mr. Van Blaricum commented that being on the front of the investigation; he was impressed with the professionalism of our police department. Mr. Van Blaricum commented that it was like CSI, but in slow motion and that he was very impressed.
Sales tax:
Finance Director Diana Garten informed the Commission that sales tax for 2008 was up $107,871.22 from 2007. Ms. Garten commented that she was finishing up the 2008 books, but early indication was that the City came out well. Commissioner Borho stated that she appreciated the bar graphs.
New policy in effect:
City Clerk Kramer stated the utility department had started implementing the code that states that bills have to be paid on time.
Smoking Ordinance:
Commissioner Peltier questioned if the smoking ordinance would be on the next agenda. Commissioner Taylor commented that it was for discussion, but we could vote on it. Mr. Van Blaricum stated that it was redrafted from the previous discussion and that it should be discussed one time and then voted on later. Commissioner Borho commented that when or if it passes, we should give a six month window so that businesses have time to come into compliance. Commissioner Peltier commented that we should look at the economic impact and that he had visited with Rick’s Restaurant and they felt that since going smoke free, their business had improved. Commissioner Peltier added that if there is not a negative impact, then we should not consider anything but non-smoking. Commissioner Borho commented that Rick’s Restaurant is a restaurant with no alcohol. Commissioner Peltier commented that second hand smoke causes problems and we should do something.
ADJOURN:
A motion by Commissioner Taylor to adjourn. The motion was seconded by Commissioner Hlavachick and carried unanimously.
__________________________________
GLENNA BORHO, Vice-Mayor
(SEAL)
ATTEST:
_________________________________
LUANN KRAMER, City Clerk
JANUARY 05, 2009
The Governing Body of the City of Pratt met in Regular session in the Commission Room located in City Hall.
PRESENT: Glenna Borho Vice-Mayor
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
Steve Holmes Chief of Police
Russ Rambat Public Works Director
Kelly Hemphill Dir. of Electric Utilities
CALL TO ORDER:
Vice-Mayor Glenna Borho called the regular session to order. The Vice-Mayor instructed the Clerk to note that all Commissioners were present with the exception of Mayor Nystrom.
MINUTES:
A motion by Commissioner Taylor to approve the minutes of the December 15, 2008 regular Commission meeting. The motion was seconded by Commissioner Hlavachick and carried unanimously.
OPEN AGENDA:
No one in the audience wished to address the Commission.
BUSINESS:
CONSIDERATION AND APPROVAL OF ENGINEERING SERVICES FOR KDOT KLINK RESURFACING PROJECT (US 281 HIGHWAY):
Alan Luttrell, EBH Engineering, reminded the Commission that the City had applied for a geometric project from First Street to halfway between Third Street and Forth Street. Mr. Luttrell stated that this contract was for the other half that included between Third Street and Forth Street to Sixth Street. Mr. Luttrell commented that KDOT had given us these two projects, but had taken away the project on the north end and they had combined them into one KLINK project. Commissioner Taylor questioned that with revenues down, could they take this away from us. Mr. Luttrell stated that he did not think so since this money comes from the Federal Government. Commissioner Taylor asked about projects down the road. Mr. Luttrell commented that they could delay us from going out for bids. Mr. Luttrell added that with the new administration, he anticipates that the government will throw more money to infrastructure.
Mr. Luttrell reported that this agreement included the other half of the Main Street project. Public Works Director Russ Rambat added that KDOT will be getting more involved with geometric projects. Commissioner Borho questioned how long it would be before we know about adding bricks back into Main Street. Mr. Luttrell stated that we should know in the next couple of months and that would be the Commission’s decision. Commissioner Peltier asked if this was paid for through KDOT. Mr. Luttrell stated that they would if used in cross walks. City Manager Dave Howard added that it is paid for up to a certain amount. Commissioner Peltier questioned if this would be a maintenance problem. Mr. Luttrell commented that as a general rule, it is not. Commissioner Taylor commented that there should be less breakage with concrete being thicker. Commissioner Taylor questioned if stamped concrete held up better than bricks. Mr. Luttrell stated that it was about the same. Commissioner Peltier commented that if it ever had to be torn out, you would have to duplicate it. Mr. Rambat added that the longevity might be better in that you can get moisture under the bricks.
Mr. Luttrell commented that KDOT combined the two projects so that one contractor would do the whole job. Mr. Howard stated that when we get closer to engineering, we will go to the businesses through the Chamber. Mr. Luttrell commented that KDOT may dictate whether the project is done all at one time. Mr. Howard commented that we had been working on parking and that we want to make it as easy as possible. Commissioner Borho commented that this would be a labor intensive project whether bricks or stamped concrete are used and it would have an effect on businesses. Mr. Howard stated that the water line would be a big deal. Commissioner Borho stated that it has to be replaced.
A motion by Commissioner Hlavachick to accept the contract from EBH Engineering for engineering on the KLINK resurfacing project on Highway 281. The motion was seconded by Commissioner Taylor and carried unanimously.
Commissioner Taylor asked how long the project would last, taking into consideration the weather and everything. Mr. Luttrell stated that it would be three to nine months. Commissioner Borho commented that the water line would be quite a bit of that. Commissioner Taylor clarified that if we started in the winter or early spring, it could be the end of the year before they were finished. Mr. Howard stated that was correct. Mr. Luttrell commented that we want to use as many of the summer months as we can. Commissioner Borho asked if they would be using a machine like they had on the Highway 54 project. Mr. Luttrell stated that would depend on the contractor.
REPORTS:
Airport Zoning Board:
City Manager Howard stated that he had had more interest in the Airport Zoning Board. Mr. Howard reminded everyone that the deadline for letters of interest would be before the close of business on January 9th.
Freeze on major expenditures:
Commissioner Borho questioned if there was still a freeze on major expenditures for the first few months of the new year. Mr. Howard stated that it would be for four or five months so that we could see what the economy was going to do.
State revenues down:
Commissioner Taylor questioned if we would start seeing cuts in what we get from the state with their revenues being down. Finance Director Garten commented that the property tax does not change and that sales tax is based on sales, so we should not be affected too much. Commissioner Taylor asked Police Chief Holmes if law enforcement would see any changes. Chief Holmes stated that he had not heard of anything that had been cut. Chief Holmes added that homeland security money came through the Governor and Highway Patrol.
Commissioner Taylor asked if we could see a cut back on water usage. Mr. Howard stated that it was tough to tell with the holidays and that we may be able to tell after a longer period of time. Mr. Howard added that in talking to businesses, most did not do as well, but they were not sure if it was due to the economy.
Commissioner Borho commented that by what we budgeted for fuel this year, we should look pretty good.
Smoking Ordinance:
City Attorney Ken Van Blaricum stated that there was another draft of the smoking ordinance for the Commission to review and that he had made the changes requested at their last discussion. Mr. Van Blaricum stated that there was a new definition on page three for designated smoking area. Mr. Van Blaricum stated that item ‘G’ #1 and #2 on page four defines where smoking is prohibited and that the paragraph following was all new material.
Mr. Van Blaricum stated that there was optional language on page eight that does not fit into the ordinance now, but it was how Hutchinson had done it. Mr. Van Blaricum stated that it could be reworked to include a time or non-smoking areas. Commissioner Borho asked if he had had time to look at the Wichita ordinance. Mr. Van Blaricum stated that he had it and would discuss it at the next meeting. Commissioner Taylor questioned the optional language of 9:00 p.m. to 5:00 a.m. Mr. Van Blaricum commented that the question would be when they open. Chief Holmes commented that the code states that you can sell from 9:00 a.m. to 2:00 a.m. and cereal malt beverages are from 6:00 a.m. to 12:00 a.m. Commissioner Taylor suggested that the optional language say that they cannot stay open after 2:00 a.m.
Commissioner Borho commented that the Hutchinson paper had printed an article stating that since the smoking ban, the heart attack rate had dropped. Commissioner Borho continued stating that a Colorado paper had stated that the heart attack rate in Colorado had dropped by 41% after three years and they felt the smoking ban had been responsible for that. Commissioner Borho stated that all of Colorado was smoke free. Commissioner Hlavachick stated that he has heard about third hand smoke and that the actual tar and poisons get into clothing and carpet.
New Attorney:
Mr. Van Blaricum stated that he had hired a new attorney that would be working as the Assistant County Attorney. Mr. Van Blaricum commented that Mr. Gavan Wood was a recent graduate and was to take the bar in February. Mr. Van Blaricum informed the Commission that he would be doing some City things and may do some private practice work. Commissioner Borho questioned if he was a native of Oklahoma. Mr. Van Blaricum stated that he was from the Caldwell area and that he wanted to live in a small place in Kansas.
Cylinder heads:
Mr. Kelly Hemphill, Director of Electric Utilities, stated that Chubbs Insurance had reactivated the insurance claim and that we were waiting hoping that Fairbanks Morse would pay for the heads. Mr. Hemphill commented that Fairbanks Morse was waiting on a machine to come to the United States that would produce new serial numbers on the cylinder heads. City Manager Howard commented that we did not want cylinder heads that were cast from the same lot.
Distribution:
Mr. Hemphill informed the Commission that Line Distribution employees were taking down Christmas decorations.
Level II Certification:
Public Works Director Russ Rambat commented that Mr. Mike Jones had received his level II certification and was now certified in both water and waste water.
Year end report:
Police Chief Holmes commented that his year-end report would be delayed due to the homicide taking precedence. Commissioner Peltier asked if they were about to wrap up the investigation. Chief Holmes stated that the investigation was done, but the paper work was not.
Mr. Van Blaricum commented that the attorneys for the suspects were out of Hutchinson. Mr. Van Blaricum commented that being on the front of the investigation; he was impressed with the professionalism of our police department. Mr. Van Blaricum commented that it was like CSI, but in slow motion and that he was very impressed.
Sales tax:
Finance Director Diana Garten informed the Commission that sales tax for 2008 was up $107,871.22 from 2007. Ms. Garten commented that she was finishing up the 2008 books, but early indication was that the City came out well. Commissioner Borho stated that she appreciated the bar graphs.
New policy in effect:
City Clerk Kramer stated the utility department had started implementing the code that states that bills have to be paid on time.
Smoking Ordinance:
Commissioner Peltier questioned if the smoking ordinance would be on the next agenda. Commissioner Taylor commented that it was for discussion, but we could vote on it. Mr. Van Blaricum stated that it was redrafted from the previous discussion and that it should be discussed one time and then voted on later. Commissioner Borho commented that when or if it passes, we should give a six month window so that businesses have time to come into compliance. Commissioner Peltier commented that we should look at the economic impact and that he had visited with Rick’s Restaurant and they felt that since going smoke free, their business had improved. Commissioner Peltier added that if there is not a negative impact, then we should not consider anything but non-smoking. Commissioner Borho commented that Rick’s Restaurant is a restaurant with no alcohol. Commissioner Peltier commented that second hand smoke causes problems and we should do something.
ADJOURN:
A motion by Commissioner Taylor to adjourn. The motion was seconded by Commissioner Hlavachick and carried unanimously.
__________________________________
GLENNA BORHO, Vice-Mayor
(SEAL)
ATTEST:
_________________________________
LUANN KRAMER, City Clerk
01/19/09 Agenda-Regular Commission meeting
MONDAY
JANUARY 19, 2009
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 – January 05, 2009 Regular Commission Meeting
4. OPEN AGENDA
5. BUSINESS:
5.1 Discussion on Airport Zoning Commission ‘Letters of Interest’ – Mayor and Commission
5.2 Discussion on ‘Draft’ Ordinance Concerning Smoking in Public Places – Ken Van Blaricum, City Attorney
5.3 Consideration and Approval of Appointment to Planning Commission – Dave Howard, City Manager
5.4 Consideration and Approval of Appointments to Cemetery Board – Russ Rambat, Public Works Director
5.5 Consideration and Approval of Pratt City Attorney Agreement – Ken Van Blaricum, City Attorney
5.6 Consideration and Approval of Pratt Municipal Judge Agreement – Ken Van Blaricum, City Attorney
5.7 Consideration and Approval of Mutual Aid Program and Resolutions Pertaining to Mutual Aid – Kelly Hemphill, Dir. of Electric Utilities
· KMU Mutual Aid Program Agreement
· KMU Mutual Aid Program for Utilities RESOLUTION 011909A
· KMEA Mutual Aid Program Membership RESOLUTION 011909
5.8 Consideration and Approval of KDOT Documents for Replacing Water Line on South Main Street – Russ Rambat, Public Works Director; Dave Howard, City Manager
· Approval of Loan Agreement
· Approval of ORDINANCE 0901 Authorizing the Execution of the Loan Agreement
6. REPORTS:
6.1 City Manager
6.2 City Attorney
6.3 Department Heads
6.4 Mayor
6.5 City Commission
7. ADJOURN.
JANUARY 19, 2009
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 – January 05, 2009 Regular Commission Meeting
4. OPEN AGENDA
5. BUSINESS:
5.1 Discussion on Airport Zoning Commission ‘Letters of Interest’ – Mayor and Commission
5.2 Discussion on ‘Draft’ Ordinance Concerning Smoking in Public Places – Ken Van Blaricum, City Attorney
5.3 Consideration and Approval of Appointment to Planning Commission – Dave Howard, City Manager
5.4 Consideration and Approval of Appointments to Cemetery Board – Russ Rambat, Public Works Director
5.5 Consideration and Approval of Pratt City Attorney Agreement – Ken Van Blaricum, City Attorney
5.6 Consideration and Approval of Pratt Municipal Judge Agreement – Ken Van Blaricum, City Attorney
5.7 Consideration and Approval of Mutual Aid Program and Resolutions Pertaining to Mutual Aid – Kelly Hemphill, Dir. of Electric Utilities
· KMU Mutual Aid Program Agreement
· KMU Mutual Aid Program for Utilities RESOLUTION 011909A
· KMEA Mutual Aid Program Membership RESOLUTION 011909
5.8 Consideration and Approval of KDOT Documents for Replacing Water Line on South Main Street – Russ Rambat, Public Works Director; Dave Howard, City Manager
· Approval of Loan Agreement
· Approval of ORDINANCE 0901 Authorizing the Execution of the Loan Agreement
6. REPORTS:
6.1 City Manager
6.2 City Attorney
6.3 Department Heads
6.4 Mayor
6.5 City Commission
7. ADJOURN.
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