MONDAY
July 06, 2009
The Governing Body of the City of Pratt met in Regular session in the Commission Room located in City Hall.
PRESENT: Jeff Taylor Mayor
Bill Hlavachick Commissioner
Eric Nystrom Commissioner
Willy Peltier Commissioner
Victor Graf Commissioner
ALSO PRESENT: Dave Howard City Manager
LuAnn Kramer City Clerk
Ken Van Blaricum City Attorney
Diana Garten Finance Director
Russell Rambat Public Works Director
Steve Holmes Chief of Police
Brad Blankenship Building Inspector Bruce Pinkall Recreation Director
CALL TO ORDER:
Mayor Taylor called the regular meeting to order. The Mayor instructed the Clerk to note that all Commissioners were present.
Mayor Taylor reminded the audience that the meeting may be taped and/or recorded.
MINUTES:
A motion by Commissioner Nystrom to approve the minutes of the June 15, 2009 regular meeting noting that there were two corrections. Commissioner Nystrom stated that he did not vote for either Ordinance dealing with breath and blood testing. The Clerk acknowledged those changes. The motion was seconded by Commissioner Graf and carried with three approved votes and an abstain vote from Mayor Taylor and an abstain vote from Commissioner Hlavachick also.
OPEN AGENDA:
No one in the audience wished to address the Commission.
BUSINESS:
CONSIDERATION OF FUNDING REQUEST FROM THE SUNFLOWER H2O COALITION:
Mr. Mike Mayberry from the City of Kiowa and Mr. Monte Rose from the City of Cunningham, commented that they appreciated being asked to address the Commission on the funding request. Mr. Mayberry commented that he had no other information to present and that the Commission should have the most current mailing. Mr. Mayberry stated that he would be glad to inform any new Commissioners what this project was about if they do not already know.
City Manager Dave Howard commented that the City of Pratt had participated in the funding for Phase 1 and that Commissioner Peliter and Commissioner Graf were not on the Commission at that time.
Mr. Mayberry commented that this project started several years ago in Barber County in hope of finding a way to increase the public water supply. Mr. Mayberry added that it only took six months to expand to other counties. Mr. Mayberry stated that Phase 1 finished up about a year and a half ago and they are up to six counties in Kansas and three in Oklahoma. Mr. Mayberry explained that Phase 1 was done by a 50/50 grant.
Mr. Mayberry commented that they had picked engineers for Phase 1 and that it was too big for the $25,000 price tag. Mr. Mayberry commented that Phase 1 collected facts and figures so that public water suppliers could utilize the same source or sources of water at a lower price. Mr. Mayberry added that operating and construction costs were included.
Mr. Mayberry explained that the committee was an ad hoc committee right now and that two things needed for Phase 2 were match money and commitment, which they had not had before. Mr. Mayberry stated that the goal was to find out what water entities were committed.
Mr. Mayberry stated that there had been a June 30th deadline to get in on Phase 2. Mr. Mayberry explained that the cost to join was fifty cents per meter per month, with Pratt and Alva potentially contributing the biggest amount. Mr. Mayberry commented that some communities were not contributing that much, so they are paying up front, because it does not amount to that much money. Mr. Mayberry added that entities paying fifty cents a meter can pay however they want and that the committee just needs to know that the money is coming. Mr. Mayberry commented that if they know how much money is going to be committed, they will know where the study can go and they will go back to the engineers and may be able to lower the price tag. Mayor Taylor questioned if the engineers cost would stay at $250,000. Mr. Mayberry commented that it had gone up from that.
Mr. Mayberry commented that when they had shown everyone this project and what they were doing, the Corp of Engineers had no money, but Oklahoma had money and wanted to help. Mr. Mayberry explained that when the State was working on their budget the Corp of Engineers called and had found $100,000 for Sunflower H2O and the Kansas Water office also found money to help with the study. Mr. Mayberry continued stating that then the engineers raised their price tag and he was not sure why. Mr. Mayberry added that he was not going to haggle over cost until he knew who was going to be involved. Mayor Taylor asked if the engineers had increased services with the increase in their price tag. Mr. Mayberry stated that they had and that their paper work had gone from two and a half pages to six pages.
Commissioner Peltier questioned what we were talking about specifically. Mr. Mayberry stated that it was a new water source or sources that could be developed and that could serve as a public water supply district. Commissioner Peltier clarified that instead of the City pumping out of our wells, we would participate in a newly developed source. Mr. Mayberry stated that would be correct and that they do not know where that new source will be and that they do not know how much we need. Commissioner Peltier asked what the engineers were doing. Mr. Mayberry commented that if there was a source that could be developed economically, they would be working on several sources. Mr. Mayberry commented that Harper was having nitrate problems. Commissioner Peltier commented that if the engineers find a new source, they are not guaranteeing anything. Mayor Taylor commented that pipelines, cost of water lines, services to other communities would be involved. Commissioner Peltier commented that the money would be used to find a source. Mr. Mayberry stated that after you find the source, you have to find the best way to get the water from the source to the City. City Manager Howard stated that we were not going to replace our existing wells and that we should not grow to where we exceed the capacity of our wells or have all the wells become contaminated at the same time, but it does not hurt to have a backup source. Mr. Howard stated that you should always look into the future.
Mr. Howard commented that his interest in the beginning was what the lake would do for recreational purposes, not because we need water. Mr. Howard stated that he could not honestly say we will have issues with water, but he understands what Sunflower has to do. Mayor Taylor stated that for Pratt to utilize the water source, something would have to come into our supply. Mr. Howard stated that was right, but that you can treat almost anything. Mr. Howard added that was why Hutchinson had built a reverse osmosis system, but to go along with what they were saying you have to always be concerned about where water is going to come from and look far into the future. Commissioner Peltier questioned the lake opportunity. Mr. Howard stated that that was what he was talking about, not Mr. Mayberry.
Mr. Mayberry explained that to look at this from an engineer’s standpoint, you have to look at available water rights and there are not very many available. Mr. Mayberry explained that there are no water rights in southeastern Kiowa County for that much water and they will not know that until they know who is going to be involved in Phase 2.
Mayor Taylor questioned who was experiencing shortages right now. Mr. Mayberry stated that nobody was short, but there were contamination problems. Mr. Mayberry added that some of the wells that are contaminated can be blended. Mr. Mayberry commented that that can be handled, but you have to wonder how long it was going to last.
Mr. Mayberry commented that most of the public water suppliers have no backups. Mr. Mayberry stated that his big concern was not water now, but he wanted his grandkids to have it. Mr. Howard commented that he was being upfront and that he was not saying their concerns were not worthwhile. Mr. Howard added that the community should always be looking at a future water supply. Mr. Monte Rose stated that the back-up part has come up for a water system infiltration system and that you cannot build a plant quickly. Mr. Rose added that it would take a lot of bottled water for a community and that was not factoring in washing dishes, etc. Mr. Rose commented that if you do not have a good back up supply and you have contamination tomorrow, you cannot drink it and that was why they have to be looking at the possibilities that are out there. Mr. Rose commented that Pratt, Cunningham, and Greensburg may not ever have a problem now, but we have to be prepared. Mr. Howard agreed that that could happen and we could contaminate our own, but we were protected with ten wells. Mr. Howard explained that one well can take out the whole system and the whole reservoir could be contaminated, which would cause big problems. Mr. Howard stated that he had no idea if this project would help.
Mayor Taylor questioned if the City could get a copy of the six pages of services. Mr. Mayberry stated that he did not have them now, but he could get them. Mayor Taylor commented that it might help. Mr. Howard commented that we would be working on the budget next week and could look at it then. Mr. Howard stated that if Pratt decided to help with funding, they would need to talk about how we were going to do it and that he did not recommend doing it in the middle of budget. Mr. Mayberry stated that he had told some of the entities that have decided to take action to let Sunflower know how they were going to pay and that would be fine. Mr. Howard commented that it would be added to the topics to discuss. Mayor Taylor agreed that that would be a good idea and that would give the Commission a better idea of the services and to get familiar with what was going on. Mr. Mayberry commented that they would like to have Pratt in and that would give them a big water supplier at the north end and the south end looks good also.
Mr. Mayberry commented that right now you would be buying a ticket to get in and they would figure out how they were going to charge later. City Manager Howard stated that larger Cities would have bonding capacity. Mayor Taylor questioned if there would be any federal funds. Mr. Mayberry commented that there would have to be.
Commissioner Peltier again questioned a major recreational area. Mr. Howard stated that that came from him, not Sunflower. Commissioner Nystrom questioned if the money would be used for hiring the engineers. Mr. Mayberry stated that it would be used for that source or a combination of sources, but he was not sure. Mr. Mayberry added that for as much money as the engineers were asking for, they have to be doing some type of testing. Commissioner Nystrom commented that they should be doing topographical maps and surveys. Mr. Mayberry commented that there were a lot of records, but they have not put them together.
Mr. Mayberry thanked the Commission for their time and commented that he would get the information to Mr. Howard before the budget session.
CONSIDERATION AND APPROVAL OF STREET CLOSINGS FOR JULY 11TH SIDEWALK SALE:
Mr. Brian Hoffman, Chamber Director, commented that he was requesting the same street closures as last year and he hoped that it was warmer this year than last. Mr. Hoffman handed brochures out to the Commission so that they would know who all would be participating. Mr. Hoffman stated that he was requesting the street be closed from Main Street to Jackson Street on Second Street and Third Street east of the alley between Main Street and Jackson Street.
Mr. Hoffman commented that they had four hundred hamburgers last year and they were gone in thirty minutes so this year they ordered five hundred. Mr. Hoffman added that a Sorority would be having an event at the Municipal Building at that time also.
A motion by Commissioner Hlavachick to close the street between Main Street and Jackson Street on Second Street and between Main Street and Jackson Street east of the alley on Third Street on July 11th for the sidewalk sale. The motion was seconded by Commissioner Peltier and carried unanimously.
CONSIDERATION AND APPROVAL OF APPOINTMENTS TO FILL UNEXPIRED TERMS ON THE TRAVEL AND TOURISM BOARD:
Chamber Director Brian Hoffman recommended that the Commission appoint Eric Strobel from the Pratt Tribune and Rhonda Reynolds, manager of the Days Inn, to finish out the terms of Alex Desai, who was not here anymore, and Christie Landis, who did not have the time anymore.
Commissioner Peltier asked what they do. Mr. Hoffman explained that they administer mini-grants, fund basketball tournaments, but their main goal was to fund events that require people to stay in Pratt. City Manager Howard added that they also do a lot of advertising for Pratt. Mr. Hoffman added that they promote Pratt through the local radio station, KWCH, and the Pratt Tribune. Mr. Hoffman added that 93 radio also helped reach out regionally to get people downtown. Commissioner Peltier questioned how the board members were picked. Mr. Hoffman commented that they are chosen by the ED Board and then appointed by the Commission and that they were usually from restaurants and motels. Mayor Taylor commented that they are not easy to find. Mr. Howard stated that they look for people who represent interest. Mr. Hoffman commented that they have a good committee. A motion by Commissioner Hlavachick to approve the nomination of Eric Stroble and Rhonda Reynolds to fill the unexpired terms of Alex Desai and Christy Landis. The motion was seconded by Commissioner Peltier and carried unanimously.
Mayor Taylor questioned Mr. Hoffman on how things were going. Mr. Hoffman commented that the annual year was up for the Chamber and the new members would be coming on board. Mr. Hoffman stated that if the Commission gets their newsletter, please read it.
Commissioner Graf asked about fixing or replacing the nativity scene. Mr. Hoffman stated that they did not get the grant. Mr. Hoffman explained that they do have one of the figures in bad shape and hope to address that before Christmas. Mr. Hoffman commented that they are about $1,000 a piece. Mr. Hoffman stated that they have been taken care of through volunteers, but they need a clear coat finish. Commissioner Peltier suggested spraying with poly. Finance Director Diana Garten questioned if they can apply for the grant again. Mr. Hoffman stated that they can next year. Commissioner Peltier asked if the figures were plastic. Mr. Hoffman stated that they were fiberglass and that the nativity scene was the one at the hospital.
CONSIDERATION AND APPROVAL OF AGREEMENT BETWEEN KDOT AND CITY OF PRATT FOR PROJECT FROM RAILROAD NORTH TO CITY LIMITS:
Public Works Director Russell Rambat commented that this was an agreement between the City of Pratt and KDOT. Mr. Rambat stated that this project had been approved through the American Recovery and Reinvestment Act (ARRA), but had originally been set up to use KLINK money that had ended up being used for the South Main project.
Mr. Rambat commented that the contract that was sent had changes that needed done and those changes were initialed. Mr. Rambat stated that the engineer’s estimated cost was for $207,920 which would leave the City portion at $166,336. Mr. Rambat explained that if the estimate came in lower then we get the difference.
Mr. Rambat stated that he recommended to the Commission that they approve the agreement. Mr. Rambat added that the project length was only ten days, so the City would not have to put up the big ARRA signs. City Manager Howard commented that there are sections of the road that need it badly. Mr. Rambat stated that this would be a mill and inlay on just the inside driving lanes and that the most recent let date would be December of this year.
Commissioner Graf commented that he thought that the houses were also in the City limits. Mr. Rambat stated that they were and up to Withers shop. Commissioner Graf questioned why it was not going up that far. Mr. Howard commented that this was where our responsibility begins. Mr. Rambat added that the City limits goes to the truck place, but the highway stops. Mr. Rambat commented that 281 up north was getting pretty rough and he looked for them to redo that up to our point. A motion by Commissioner Hlavachick to approve the KDOT agreement between the City and KDOT on the North 281 project. The motion was seconded by Commissioner Peltier and carried unanimously.
CONSIDERATION AND APPROVAL OF AMENDMENT 1 TO THE CONTRACT FOR ENGINEERING SERVICES FOR THE NORTH US-281 PROJECT:
Mr. Russell Rambat, Public Works Director, commented that back in 2008, the Commission approved a contract for engineering on the original KLINK project. Mr. Rambat explained that this was the contract for the ARRA project and that the EBH contract had amendments since it was now a federal project. Mr. Rambat explained that it does not really change anything, but has to have specific language and had to go by federal books. Mr. Rambat stated that anything that is underlined in the amendment are changes that have to be made due to Federal manuals and that there are certain standards that are not necessarily on state projects.
Mr. Rambat stated that this amendment was something we have to have to get this project started. A motion by Commissioner Graf to adopt Amendment 1 for engineering services for the North US-281 project. The motion was seconded by Commissioner Peltier and carried unanimously.
CONSIDERATION AND APPROVAL OF REQUEST OF 3 MILL FROM PRATT AIRPORT AUTHORITY FOR THEIR 2010 BUDGET:
Finance Director Diana Garten explained that the Airport Authority was asking permission to levy three mill for their 2010 budget. Commissioner Peltier asked if this was their standard request. Mayor Taylor commented that it was and it had to be approved by the Commission. Ms. Garten added that three mill was the most they could get. A motion by Commissioner Nystrom to allow the Pratt Airport Authority the 3 mill for their 2010 budget. Commissioner Hlavachick seconded the motion and it passed unanimously.
Commissioner Nystrom questioned if this was not included in the publication. Ms. Garten stated that the Library was in the publication, but the Airport was not.
CONSIDERATION AND APPROVAL OF BID FOR REPLACING THE CROSSING ON SOUTH PINE ENTERING LEMON’S PARK:
Public Works Director Russell Rambat explained that this would be a turn-key operation. Mr. Rambat stated that the crossing would be torn out and the bed replaced along with the rail crossings for traffic and pedestrians. Mr. Rambat commented that this would be very agreeable for walkers and strollers and that the sidewalk project west of the crossing would be done down to the asphalt. Mr. Rambat added that this would make a nice addition to the entrance into the park.
Mr. Rambat stated that the railroad would be doing the preliminary work on the crossing. Mr. Rambat explained that the $25,000 budgeted this year to work on the drainage ditch on Haskell Street would be used instead for this project and the remainder of the funds would be used to begin improvements on the drainage ditch. Mr. Rambat added that he would budget for the ditch project again this year. City Manager Howard commented that the ditch project could be done over a three to five year period. Mayor Taylor questioned if they were going to do concrete embankments. Mr. Rambat stated that they were. Commissioner Nystrom asked if some of the Riney money could be used for that since it was an improvement to the park. Mr. Howard commented that he thought it had to be used in the park, but he was not sure and would look into it.
Mr. Rambat informed the Commission that he had received two bids back with Lonestar Railroad Contractors out of Oklahoma City coming in at $20,408.86 and Ronnie Diehl Contractors from Salina at $17,000. Mr. Rambat commented that he had contacted Mr. Diehl to see when they could start and they thought it would be within a month of the Commission’s approval. Mr. Rambat stated that this works since he was in hopes of getting this project done in the bulk of the summer. Mayor Taylor questioned if we would be working on the sidewalk on the west side of Pine Street. Mr. Rambat stated that was correct and that with having the railroad crossing done, it would bring the sidewalk up to grade.
A motion by Commissioner Graff to accept the bid from Ronnie Diehl Contractors from Salina for $17,000 for the Lemon’s Park entrance crossing. The motion was seconded by Commissioner Peltier and carried unanimously.
CONSIDERATION AND APPROVAL OF ORDINANCE AND RESOLUTIONS PERTAINING TO GO REFUNDING BONDS:
Finance Director Diana Garten stated that this was the final ordinance and resolutions for refunding the GO bonds and that this would be saving the City about $128,000. Ms. Garten commented that Ms. Pat Hinojos from Stifel Nicholaus & Co., Inc. was on her way if the Commission wanted to wait and have her explain these documents further. The Commission agreed to table this item until the arrival of Ms. Hinojos.
CONSIDERATION AND APPROVAL OF BID FOR A BUDGETED SKID STREET LOADER FOR STREET DEPARTMENT:
Public Works Director Russell Rambat commented that the street department had budgeted to replace their 1991 skid steer loader for the last few years. Mr. Rambat added that this was a crucial piece of equipment and that they were looking to purchase a bigger one. Mr. Rambat explained that they had originally looked at trading the 1991 one in, but management had decided to hold on to it since it was a functional piece of equipment. Mr. Rambat commented that line distribution borrows it and had paid for half of the 1991 when it was purchased and they thought they could pay half the trade-in value.
Mr. Rambat commented to the Commission that White Star had complimented the street department on how well the loader had been kept. Mr. Rambat stated that three bids had been returned with BTI of Pratt coming in at $43,372.20, which included the five percent for being local, Victor L. Phillips of Wichita came in at $44,606 and White Star from Wichita had a bid of $40,109. Mr. Rambat added that these bids had had their trade-in value added back in. Mr. Rambat stated that the street department’s original skid steer loader had been a bobcat; therefore, the recommendation was to purchase the bobcat from White Star for $40,109.
Commissioner Nystrom questioned what the loader was used for most. Street Foreman Roy Sinclair stated that it was used for milling. Mr. Rambat stated that they would be taking the old milling head and give us something for it.
A motion by Commissioner Nystrom to purchase a Skid Steer Loader from White Star for the amount of $40,109, not to exceed. The motion was seconded by Commissioner Peltier and carried unanimously.
TABLED ITEM: CONSIDERATION AND APPROVAL OF ORDINANCE AND RESOLUTIONS PERTAINING TO GO REFUNDING BONDS:
Ms. Pat Hinojos from Stifel, Nicholaus & Co., Inc. explained to the Commission that they were able to garner good results due to the good credit rating of the City on the refunding of the 1998, 2001 and what was left of the 2002 GO Water Utility System bonds. Ms. Hinojos commented that the rates range from 1% to 3.42%, which basically ends up saving the City $10,000 per year net all the costs incurred to do the bond issue.
Ms. Hinojos stated that it was harder to market unrated paper and that investors have retreated to wanting rated or insured paper. Ms. Hinojos commented that with the City’s rating, it gave them access to buyers that want good credit. Ms. Hinojos explained that it was a hard place to get, but it was good to end up there.
Ms. Hinojos stated that there had been publications to get done and during that time the rates had gone up and then went back down. Ms. Hinojos stated that the action needed by the Commission this evening was to approve the ordinance and two resolutions.
Mayor Taylor asked if the main number was the savings. Ms. Hinojos stated that the savings were on page one and the net savings was $126,369.81.
The following Ordinance 0908 was then presented to the Commission for their approval: AN ORDINANCE AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $2,390,000* PRINCIPAL AMOUNT OF GENERAL OBLIGATION REFUNDING BONDS, SERIES A, 2009 AND $725,000* PRINCIPAL AMOUNT OF GENERAL OBLIGATION WATER UTILITY SYSTEM REFUNDING BONDS, SERIES B, 2009, OF THE CITY OF PRATT, KANSAS, FOR THE PURPOSE OF PROVIDING FUNDS TO REFUND CERTAIN OUTSTANDING GENERAL OBLIGATION BONDS AND REVENUE BONDS OF THE CITY; PROVIDING FOR THE LEVY AND COLLECTION OF AN ANNUAL TAX AND REVENUE BONDS OF THE CITY FOR THE PURPOSE OF PAYING THE PRINCIPAL OF AND INTEREST ON SAID BONDS AS THEY BECOME DUE; AUTHORIZING CERTAIN OTHER DOCUMENTS AND ACTIONS IN CONNECTION THEREWITH; AND MAKING CERTAIN COVENANTS WITH RESPECT THERETO. A motion by Commissioner Nystrom to approve Ordinance 0908 authorizing and providing for the issuance of $2,390,000 principal amount of general obligation refunding bonds, Series A, 2009 and $725,000 principal amount of general obligation water utility system refunding bonds, Series B, 2009, of the City of Pratt, Kansas, for the purpose of providing funds to refund certain outstanding general obligation bonds and revenue bonds of the City; providing for the levy and collection of an annual tax and revenue bonds of the City for the purpose of paying the principal of and interest on said bonds as they become due; authorizing certain other documents and actions in connection therewith; and making certain covenants with respect thereto. The motion was seconded by Commissioner Hlavachick and carried unanimously.
The following Resolution 070609 was then presented to the Commission for their approval: A RESOLUTION PRESCRIBING THE FORM AND DETAILS OF AND AUTHORIZING AND DIRECTING THE SALE AND DELIVERY OF $2,390,000* PRINCIPAL AMOUNT OF GENERAL OBLIGATION REFUNDING BONDS, SERIES A, 2009, OF THE CITY OF PRATT, KANSAS, PREVIOUSLY AUTHORIZED BY ORDINANCE NO. 0908 OF THE ISSUER; MAKING CERTAIN COVENANTS AND AGREEMENTS TO PROVIDE FOR THE PAYMENT AND SECURITY THEREOF; AND AUTHORIZING CERTAIN OTHER DOCUMENTS AND ACTIONS CONNECTED THEREWITH. A motion by Commissioner Nystrom to approve Resolution 070609 prescribing the form and details of and authorizing and directing the sale and delivery of $2,390,000 principal amount of general obligation refunding bonds, Series A, 2009, of the City of Pratt, Kansas, previously authorized by Ordinance No. 0908 of the issuer; making certain covenants and agreements to provide for the payment and security thereof; and authorizing certain other documents and actions connected therewith. The motion was seconded by Commissioner Hlavachick and carried unanimously.
The following Resolution 070609A was then presented to the Commission for their approval: A RESOLUTION PRESCRIBING THE FORM AND DETAILS OF AND AUTHORIZING AND DIRECTING THE SALE AND DELIVERY OF $725,000* PRINCIPAL AMOUNT OF GENERAL OBLIGATION WATER UTILITY SYSTEM REFUNDING BONDS, SERIES B, 2009, OF THE CITY OF PRATT, KANSAS, PREVIOUSLY AUTHORIZED BY ORDINANCE NO. 0908 OF THE ISSUER; MAKING CERTAIN COVENANTS AND AGREEMENTS TO PROVIDE FOR THE PAYMENT AND SECURITY THEREOF; AND AUTHORIZING CERTAIN OTHER DOCUMENTS AND ACTIONS CONNECTED THEREWITH. A motion by Commissioner Nystrom to approve Resolution 070609A prescribing the form and details of and authorizing and directing the sale and delivery of $725,000 principal amount of general obligation water utility refunding bonds, Series B, 2009, of the City of Pratt, Kansas, previously authorized by Ordinance No. 0908 of the issuer; making certain covenants and agreements to provide for the payment and security thereof; and authorizing certain other documents and actions connected therewith. The motion was seconded by Commissioner Hlavachick and carried unanimously.
Ms. Hinojos thanked the City for letting them participate and for the staff’s professionalism.
CONSIDERATION AND APPROVAL OF BID FOR 2009 STREET SLURRY SEAL PROJECT:
Public Works Director Russell Rambat commented that this was the annual slurry seal project and that it was funded by the quarter cent sales tax. Mr. Rambat added that half of the sales tax was used for doing slurry seal and half was for curb and gutter. Mr. Rambat stated that his focus was on the southeast corner of town, which involved First Street south and Main Street east. Mr. Rambat commented that this winter, that area had been cracked sealed by the street department. Mr. Rambat stated that you should follow with slurry seal to keep moisture out.
Mr. Rambat stated that prices had doubled or more. Mr. Rambat explained that he had received two bids and Ferguson Paving had bid $144,097.89 for 72,411 square yards of slurry seal and Inland Corporation bid $133,236.24 for the same square yards. Mr. Rambat commented that both have done work for us in the past and although Ferguson Paving had done more work, he knew good work would be done from either.
Mr. Rambat recommended the bid from Inland Corporation of Norwich to complete the 2009 slurry seal project. Mr. Rambat stated that the quote had the commencement date as September 1st. A motion by Commissioner Hlavachick to award the 2009 street slurry seal project to Inland Corporation of Norwich for $133,236.24. The motion was seconded by Commissioner Peltier. City Clerk Kramer requested that the motion be amended to allow the signature of the City Manager on any documents pertaining to this project. Commissioner Hlavachick amended his motion to allow the City Manager to sign any documents pertaining to the 2009 street slurry seal project. Commissioner Nystrom commented that the streets in Pratt are not perfect, but they are in good shape. Mayor Taylor added that he had been in a lot of towns in the State and you hear complaints, but we try to maintain them and do not sit back and let them take care of themselves. City Manager Howard commented that the streets took a beating in the snow storm. After little more discussion, the motion passed unanimously.
DISCUSSION ON PROPERTY AND MOTOR VEHICLE NUISANCES:
City Attorney Ken Van Blaricum reminded the Commission that they had asked him to do a discussion on nuisances at the last meeting. Mr. Van Blaricum added that this was an overview to get them up to speed and to let them know how we deal with nuisances.
Mr. Van Blaricum stated that basically a nuisance is something that is unsightly or hazardous. Mr. Van Blaricum commented that he was talking about houses or yards that are inconsistent with the neighborhood Mr. Van Blaricum added that a property nuisance can consist of houses or buildings or surrounding yards, but the ordinance dealing with motor vehicles was also a zoning violation.
Mr. Van Blaricum stated that the Governing Body can find a property unsightly and to have hazardous conditions for a number of reasons. Mr. Van Blaricum added that the purpose of this ordinance is to protect, preserve, upgrade and regulate the environmental quality of industrial, commercial and residential neighborhoods in the City by outlawing conditions which are injurious to the health, safety, welfare or aesthetic characteristics of the neighborhoods and to provide for the administration and enforcement thereof. Mr. Van Blaricum stated that there was the designation of a public officer and that currently that was Mr. Blankenship and that he was in charge of the administration of this chapter of the ordinance.
Mr. Van Blaricum commented that if the public officer believes that conditions exist of a quality and appearance not commensurate with the character of the neighborhood, he can find a person in violation of the ordinance. Mr. Van Blaricum stated that chapter 8.04.080 of the City code was the heart of the code in that it states ‘It is unlawful for any person to allow to exist on any residential, commercial or industrial premises conditions which are injurious to the health, safety or general welfare of the residents of the community or conditions which are detrimental to adjoining property, the neighborhood or the City’. Mr. Van Blaricum commented that there were two categories and they were exterior conditions consisting of the yard of a business and the other being the exterior condition of a structure. Mr. Van Blaricum added that most of our businesses are the exterior condition of a yard. Mr. Van Blaricum commented that this is a great country and a free country and some think they should be able to park old cars and leave sofas in their yard, but that condition can be inconsistent with the rest of neighborhood.
Mr. Van Blaricum commented that the public officer decides when to write a certified letter to advise the person that a nuisance exists and they get fifteen days on the exterior condition. Mr. Van Blaricum stated that if the person maintaining the property disagrees, they can appeal to the City Commission, but to his knowledge this had never happened. Mr. Van Blaricum stated that they can also come to the City and talk to Mr. Blankenship, City Clerk Kramer or City Manager Howard. Mr. Van Blaricum explained that if the nuisance was not appealed, the City has the option to go to Municipal Court for prosecution, but that in more than ninety-five percent of the time, they are resolved by the public officer. Mr. Van Blaricum commented that that was a lot of responsibility on one person, but this was an opportunity for effective enforcement. Mr. Van Blaricum stated that the City has other options such as going to City court or seek abatement for the nuisance.
Mr. Van Blaricum stated that if it goes to Municipal Court, the public officer would testify and the Municipal Judge could find the owner guilty and the court could fine the person not less than $50 or more than $100 or up to thirty days in jail. Mr. Van Blaricum added that another option the City had was for the public officer to present a resolution to the Governing Body and if the offender is not impressed with a fine, the City has the right to abatement. Mr. Van Blaricum explained that an abatement means City workers would do the clean up and that is not much fun for City workers. Mr. Van Blaricum commented that that brings up the question of what we do with such things as a demolition vehicle and that items that are worthless could be disposed of or stored and the cost is then assessed against the property. Commissioner Peltier asked if items would be auctioned off. Mr. Van Blaricum stated that the ordinance allows for the City to sale. Commissioner Peltier asked how many hours we were spending before court. City Inspector Blankenship answered that it was quite a few. Commissioner Peltier asked if it was twenty hours. Mr. Blankenship stated that it probably was.
Commissioner Nystrom asked if there could be a separate offense for each day such as a $100 per day. Mr. Van Blaricum stated that that would be nice from a lawyer’s standpoint, but he did not know that a judge would interpret it as per day. Commissioner Peltier commented that Salina does $50 per day. Mr. Van Blaricum stated that he would be glad to try it, but it does not have enough teeth.
Mr. Van Blaricum moved on to the motor vehicle nuisance and he commented that this was important to all of us, so there was a separate section in the code book. Mr. Van Blaricum explained that a conviction for each penalty for motor vehicle nuisance could be a fine of $100 and imprisonment for at least five days but not to exceed thirty days.
Mr. Van Blaricum stated that motor vehicles are not only a nuisance violation, but they are also in violation of the zoning code. Mr. Van Blaricum commented that when you get down to it, a motor vehicle nuisance is outlawed by property of code, motor vehicle nuisance and zoning ordinance. Mr. Van Blaricum explained that the zoning side of the penalty is the same as any other in that the fine is not to exceed $500, but it violates three different kinds of nuisances.
Mr. Van Blaricum commented that beyond the power of persuasion, this was a heavy duty violation. Mr. Van Blaricum stated that the City can go to district court to get an injunction by the district judge. Mr. Van Blaricum commented that he had some suggestions and that the penalty section was inconsistent and light. Mr. Van Blaricum commented that the ordinance had been approved over twenty years ago or maybe more and a $50 fine does not impress anyone. Mr. Van Blaricum stated that he had three suggestions and that the first suggestion would be $1,000 or 30 days in jail, but no Judge has gone to the max. Mr. Blankenship commented that most people have gone and cleaned up, but there are the hard heads and we had to take them to court. Mr. Blankenship added that they also request for more time to clean up. Mayor Taylor asked if we do that if they ask. Mr. Blankenship stated that we do and that legally after the first registered letter, you have to anyway. Mr. Van Blaricum stated that they have fifteen days from the first letter, then another forty-five days and then fifteen more.
Mr. Blankenship commented that this could consume him every day, so he does them five at a time and he keeps five active at a time. Mr. Blankenship added that some have money to clean up the property and some do not. City Manager Howard stated that we accommodate more than we should and that if someone is making progress, we work with them. Mr. Howard explained that if it ends up in court, it is because we have done everything we can. Mr. Howard commented that Mr. Blankenship had inherited the worst ones, but that there was progress being made. Mr. Van Blaricum stated that an unsightly yard should be given fifteen days after Mr. Blankenship sends a letter, then go to court and if Mr. Blankenship finds an exterior violation, which is the structure, they need longer to fix and that would be forty-five days. Mr. Van Blaricum commented that they do not mix. Mayor Taylor commented that there are different ones for different things. Mr. Van Blaricum stated that in the vehicle chapter it says seven days and that it is confusing about the notice, but that 99% of the time it is a fifteen day letter.
Commissioner Nystrom asked if we need to address the penalty clause. Mayor Taylor questioned if we should have a $1,000 maximum. Mr. Van Blaricum stated that a judge does the minimum. Commissioner Nystrom commented that Mr. Blankenship could let them know there could be a $1,000 fine. Mayor Taylor asked if we want a minimum. Commissioner Peltier commented that if they have gone through all the steps, it needs to pinch with a stiff minimum. Mr. Howard commented that if it ends up in court, they have not cooperated and they deserve a $1,000 fine. Commissioner Nystrom commented that even a financial hardship does not mean that it would end up in court. Commissioner Peltier asked about the total of seventy days. Mr. Van Blaricum stated that it should only be fifteen days. Commissioner Graf asked if the forty-five days was for structures. Mayor Taylor stated that structures have had up to six months and that it depends upon the circumstances. Commissioner Peltier commented that if it gets to court, we have Mr. Blankenship’s time, the attorney’s time, and other staff’s time. Commissioner Hlavachick asked about a $500 minimum. Commissioner Peltier stated that we should look at a $1,000 minimum $3,000 maximum. Mr. Howard stated that we normally warn them and if we do not hear from them, we warn them again, the third time they ignore us, we send them to court. Mr. Howard added that the worst ones end up in court. Commissioner Nystrom commented that is probably one percent or less. Mayor Taylor asked how a judge would feel. Mr. Van Blaricum stated that a judge sees $50 to $100 and that they would automatically do $50 on a first offense. Mr. Van Blaricum commented that we could try to change a judge’s mind set and do a maximum of $1,000, but a normal sentence from a judge would be $250 and that seems reasonable. Mr. Van Blaricum added that if they thumb their nose at us, they should pay $1,000. Commissioner Peltier commented that he has more complaints on this issue than any other and that includes cars in yards and dilapidated houses and if we do something, we are making an effort. Mayor Taylor commented that we could start with a maximum $1,000 and no minimum. Commissioner Peltier questioned if they would not get a minimum. Mr. Blankenship commented that they need a minimum. Commissioner Nystrom asked about a $250 minimum. Mayor Taylor clarified that there should be a minimum of $250 and a $1,000 maximum. Mr. Van Blaricum stated that he could bring back an ordinance to that effect. Mr. Van Blaricum commented that some people are more difficult to work with and that he had gotten one in court and they asked for more time to get ready, then they did not show, a bench warrant was sent out and they found the guy and arrested him. Mr. Van Blaricum added that you have to go through the process and that can be a humiliating process, but it illustrates how hard it is to get some people to know that we mean business. Mr. Howard commented that we have made a lot of progress in the last seven years. Mayor Taylor commented that things are looking better. Commissioner Nystrom added that this is a clean community. Mr. Van Blaricum commented that this is a complaint driven system.
REPORTS:
2009 Capacity Award:
City Manager Dave Howard stated that the City’s water system had received the 2009 Capacity Development Achievement Award. Mr. Howard commented that a public water supply system is presented this award due to demonstrating excellence in achieving and maintaining technical, financial and managerial capacity. Mr. Howard added that they will be coming to a future meeting to present the award and that Mr. Kelvin Clay, Water Superintendent, should be the one to receive it.
Tower up:
Mr. Howard stated that the tower was up by the fire station. Commissioner Hlavachick commented that it was bigger than he had thought it was going to be. Mr. Howard agreed.
Cylinder heads:
Mr. Howard informed the Commission that we had gotten the cylinder heads from Fairbanks Morse and that Mr. Ernie Smith and the employees at the power plant were preparing the heads and valves for installation. Mr. Howard commented that not all of this is under the insurance. Mr. Howard explained that the unit should be put back together by August, but that they had found a scratch on one of the heads. Commissioner Nystrom asked if they had had to pull the piston. Mr. Howard stated that they had. Commissioner Nystrom asked what had scratched it. Mr. Howard stated that they do not know and that there was nothing visible that could have done it. Mr. Howard stated that the unit was torn apart and the Commission was welcome to go see it. Mr. Howard added that they should not walk in there if they were generating and that mornings would be better.
Humane Society Issue:
Mr. Howard stated that he had met with people with concerns on all sides of the Humane Society issue. Mr. Howard commented that there were internal issues there and if they abide by our contract, it is not our issue. Police Chief Steve Holmes commented that it has been business as usual and that the contract is with the Humane Society and not with an individual. Mr. Howard added that it appears that things are working. Commissioner Nystrom commented that we do not have any powers there.
Dr. Chris Polk:
Mr. Howard stated that Dr. Chris Polk had decided to purchase the lot next to O’Reilly’s. Mr. Howard commented that there would have had to be a zoning change if Dr. Polk had moved to the superintendent’s office, but now that was not an issue. Mr. Howard stated that he has not signed a contract, but there are highway access issues that have to be worked out. Commissioner Nystrom questioned any conditional use. Mr. Howard stated that there was not and that that was their decision to make. Mr. Howard explained that the zoning board had the authority to grant a variance. Mr. Howard added that dentists are listed in two other zonings and they would have to be listed in the highway district. Mr. Howard repeated that Dr. Polk had not purchased the property yet. Commissioner Nystrom commented that he might be making a mistake.
Public Works:
Curb & Gutter:
Public Works Director Russell Rambat commented that the curb and gutter project was underway and that they were on 5th Street working with two crews.
Stout Street:
Mr. Rambat stated that he was checking into using the quarter cent sales tax to replace the first block of Stout Street. Mr. Rambat commented that that was a busy place and with pricing, it could be pushed through. Mr. Rambat reminded the Commission that we were going to do the first four blocks of Stout Street earlier and the pricing had blown it out of the water.
Pool:
Mr. Rambat stated that he had drained the pool last night to repair some fractures in the shallow end that were in the liner. Mr. Rambat commented that he was not sure what was causing it. Mr. Rambat stated that he was budgeting to redo the baby end next year and that we should be able to get through the summer. Commissioner Nystrom asked what causes it to do that. Mr. Rambat stated that he was not sure and that it could be cracking and allowing the water to get in underneath or the shifting of the fiberglass, but they would not know until they tear it out. Commissioner Nystrom asked what it does when it was cracks. Mr. Rambat stated that it is a ¼” to 3/8” fracture and it tears and is sharp. Commissioner Nystrom questioned if it was a safety issue. Mr. Rambat stated that it could be, but they put sand bags over it. Mr. Howard commented that it was not a good time to shut the pool down.
Water tower contractors:
Mr. Rambat informed the Commission that the water tower contractors would be getting started on the Hot & Cold water towers. Mr. Howard commented that the person taking care of the flowers was having some issues, but he would visit with the guys about the flowers. Mayor Taylor commented that this was something that had to get taken care of. Commissioner Nystrom asked if we know for sure what they were going to do. Mr. Rambat stated that he did not know.
Building Inspections:
Houses torn down:
Building Inspector Brad Blankenship stated that the house on Sixth Street was going to be torn down this week and 337 North Ninnescah Street would be on the agenda soon. Mr. Howard added that the owners cannot do anything on their own.
Fire Station:
Commissioner Nystrom asked if Mansel Construction had a schedule for the fire station. Mr. Blankenship stated that they were scheduled for the third week in July and that there was a water line going in now along with the drains for each bay. Mr. Blankenship added that they were doing some of the necessities before Mansel Construction gets in there. Mr. Blankenship explained that they would be painting the north side before the fencing around the tower comes in and would do the other sides after that. Mayor Taylor asked if we would have a key to that fence. Mr. Howard answered that the contract says that we will have access, but he did not know why we would want in there.
Lightning policy:
Recreation Director Bruce Pinkall stated that they did not have a written policy on lightning safety, but that after the weather last week, he had found some examples that he would take to the advisory board meeting. Mr. Pinkall commented that some think that they do not stop things soon enough and others think that it is stopped too soon, so the plan would make it cut and dry. Mr. Pinkall commented that he would rather be on the side of caution.
Baseball tournament:
Mr. Pinkall informed the Commission that there was a twelve and under baseball tournament this weekend that involved twenty-one teams. Mr. Pinkall commented that this would coincide with the sidewalk sale and that he would be e-mailing teams and have thirty second announcements about downtown during the tournament that would give the business owners information about what was going on and the scores of the games.
Fire at LEC:
Police Chief Steve Holmes informed the Commission that there had been a small fire in the basement at the Law Enforcement Center earlier this afternoon. Chief Holmes commented that it had been the electric motor in the air conditioning unit and that the sheriff’s department had had a lot of smoke. Chief Holmes explained that there was actually a fire when the fire department got there and that that was the second fire of that nature today with the other one being at a house.
Sales tax:
Finance Director Diana Garten commented that the sales tax had hit a plato and June receipts were down about $400 for the month of April. Ms. Garten informed the Commission that we were still ahead about $93,200 for the year.
Budget Session reminder:
Ms. Garten reminded the Commission of the budget work session next Monday at 8:00 a.m.
Congratulations:
Mayor Taylor congratulated Mike Jones from the wastewater department on receiving his Class I operator status from the Kansas Water Environment Association.
Letter from Humane Society and Miss Kansas:
Mayor Taylor asked if everyone got the letter from the Humane Society and they had.
Mayor Taylor shared a thank you note from Miss Kansas for all that the City does during pageant week. Mayor Taylor added that that was a busy time for the City.
Level pay:
Commissioner Graf commented that he had been approached about the City offering level pay for utility bills and asked if that would be possible. City Clerk Kramer stated that the current software would not let us do that. Commissioner Graf asked how expensive new software would be. Ms. Kramer stated that she was not sure, but it was thought to be around $60,000.
Local 5%:
Commissioner Peltier commented that he would like to discuss the 5% allowance for local vendors. Mayor Taylor stated that it would discussed during budget. Mr. Howard added that we need to define what is local. Commissioner Peltier questioned if there was a million dollar project, where you cut it off as that can add up to quite a bit. Mayor Taylor commented that it could depend on the circumstances.
RECESS:
A motion by Commissioner Nystrom to recess until Monday, July 13th at 8:00 a.m. The motion was seconded by Commissioner Hlavachick and carried unanimously.
____________________________________
JEFF TAYLOR, Mayor
(SEAL)
ATTEST:
__________________________________
LUANN KRAMER, City Clerk
Tuesday, July 21, 2009
Monday, July 20, 2009
07/20/09 City Commission Agenda
MONDAY
(AMENDED)
JULY 20, 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-July 06, 2009 Regular Commission meeting
July 13, 2009 Recessed Commission meeting (Budget session)
4. OPEN AGENDA
5. BUSINESS:
5.1 Discussion on Possible Option to the Sealed Bid Process for Police Vehicle – Steve Holmes, Police Chief
5.2 Consideration and Approval of Ordinance Authorizing the Operation of Work-Site Utility Vehicles on the Street Within the Corporate Limits of Pratt – Ken Van Blaricum, City Attorney; Steve Holmes, Police Chief
(ORDINANCE 0910)
5.3 Consideration and Approval of Ordinance Authorizing the Operation of Micro Utility Vehicles on the Street Within the Corporate Limits of Pratt – Ken Van Blaricum, City Attorney; Steve Holmes, Police Chief
(ORDINANCE 0909)
6. REPORTS
6.1 City Manager
6.2 City Attorney
6.3 Department Heads
6.4 Mayor
6.5 City Commission
7. ADJOURN
(AMENDED)
JULY 20, 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-July 06, 2009 Regular Commission meeting
July 13, 2009 Recessed Commission meeting (Budget session)
4. OPEN AGENDA
5. BUSINESS:
5.1 Discussion on Possible Option to the Sealed Bid Process for Police Vehicle – Steve Holmes, Police Chief
5.2 Consideration and Approval of Ordinance Authorizing the Operation of Work-Site Utility Vehicles on the Street Within the Corporate Limits of Pratt – Ken Van Blaricum, City Attorney; Steve Holmes, Police Chief
(ORDINANCE 0910)
5.3 Consideration and Approval of Ordinance Authorizing the Operation of Micro Utility Vehicles on the Street Within the Corporate Limits of Pratt – Ken Van Blaricum, City Attorney; Steve Holmes, Police Chief
(ORDINANCE 0909)
6. REPORTS
6.1 City Manager
6.2 City Attorney
6.3 Department Heads
6.4 Mayor
6.5 City Commission
7. ADJOURN
Tuesday, July 7, 2009
06/15/09 Approved City Commission Minutes
MONDAY
June 15, 2009
The Governing Body of the City of Pratt met in Regular session in the Commission Room located in City Hall.
PRESENT: Eric Nystrom Vice-Mayor
Willy Peltier Commissioner
Victor Graf 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
Brad Blankenship Building Inspector Kelly Hemphill Dir. of Electric Utilities
CALL TO ORDER:
Vice-Mayor Nystrom called the regular meeting to order. The Vice-Mayor instructed the Clerk to note that all Commissioners were present with the exceptions of Mayor Taylor and Commissioner Hlavachick.
Vice-Mayor Nystrom reminded the audience that the meeting may be taped and/or recorded.
MINUTES:
A motion by Commissioner Peltier to approve the minutes of the June 01, 2009 regular meeting. The motion was seconded by Commissioner Graf and carried unanimously.
OPEN AGENDA:
Local Vendor Consideration:
Mr. Charles Armantrout from Medicine Lodge and a salesman for Water Products addressed the Commission concerning his sales to the City of Pratt being considered local. Mr. Armantrout stated that he has sold the City of Pratt approximately $37,000 in materials for a commission of about $2,900. Mr. Armantrout commented that he personally spends about $10,000 in Pratt and he would like for the Commission to consider the 5% preference for local vendors/contractors be extended to him. Vice-Mayor Nystrom commented that the 5% preference for local vendors/contractors was an unwritten policy and that it had never been defined as to what ‘local’ was. Vice-Mayor Nystrom stated that this was becoming an issue and that it would be discussed during the budget session in July.
Commissioner Peltier questioned what advantage that would give Mr. Armantrout. Mr. Armantrout stated that he would be able to competitively bid against D C & B Supply of Pratt. Commissioner Peltier asked if he was losing the 5%. Mr. Armantrout commented that it could be more than that if you want to get the job and that puts out of town vendors at a disadvantage. Mr. Armantrout stated that he had been doing business in Pratt for the last thirty years and had even changed their doctor to Pratt about fifteen years ago. Vice-Mayor Nystrom commented that the Commission would take this under advisement during budget session.
BUSINESS:
CONSIDERATION AND APPROVAL OF REQUEST FROM THE PRATT PUBLIC LIBRARY FOR 3 MILL IN 2010:
Ms. Rochelle Westerhaus, Public Library Board Secretary, addressed the Commission concerning the library budget request for 2010. Ms. Westerhaus stated that she was the new director at the library and introduced Mr. Pat Hall, who was the assistant director.
Ms. Westerhaus commented that the Commission had received a copy of the budget to review and discussed a few of the services that the library provides for the community such as meeting rooms and internet services. Ms. Westerhaus stated that City has 5,287 library cards issued and the County has 1,363. Ms. Westerhaus added that for each budgeted dollar, Pratt tax payers receive $3.81 in services from the library.
Ms. Westerhaus stated that she would like to request the 3 mill for the library’s 2010 budget. Commissioner Peltier questioned if this was what they got last year. Vice-Mayor Nystrom commented that it was and that they have to request it each year. Finance Director Diana Garten added that 3 mill was the cap that the library could request. A motion by Commissioner Graf to approve the request of 3 mill for the Pratt Public Library 2010 budget. The motion was seconded by Commissioner Peltier and carried unanimously.
CONSIDERATION AND APPROVAL OF LOW BID FOR THE NEW FIRE STATION CONSTRUCTION:
Fire Chief David Kramer, along with Building Inspector Brad Blankenship, informed the Commission that they had gone out for bids on the remodel of the new fire station and that they had been anxiously anticipating this for quite awhile. Chief Kramer stated that Mr. Blankenship had gotten the specs put together and they had received three bids back. Chief Kramer commented that with the current budget dollars they should be able to complete Phase 1 of the project.
Chief Kramer commented that he had worked with all of the bidding contractors and he had the utmost respect for all of them and their quality of work. Chief Kramer stated that the contractors that had met the deadline were Jorns Construction with a bid of $143,951.06, Kessler Construction that bid $123,970 and Mansel Construction that bid $123,250. Chief Kramer commented that looking at dollars, the $750 difference in the bids from Kessler Construction and Mansel Construction, was still budgeted dollars. Chief Kramer commented about the previous conversation concerning ‘local’ and questioned what was and what was not local. Vice-Mayor Nystrom stated that local was not an issue here since neither one of them lived in Pratt. Vice-Mayor Nystrom added that difficult as it may be, the low bid was the low bid.
Chief Kramer stated that Mr. Blankenship and he would recommend the low bid from Mansel Construction in the amount of $123,250 for the fire station project. Mr. Blankenship commented that everything was in the bids that they had asked for. Commissioner Peltier questioned if the bids were apples for apples. Chief Kramer stated that they were. Commissioner Peltier asked about the door types. Chief Kramer commented that they had to be a certain ‘R’ rating. Mr. Blankenship added that the specs stated that they could use their brand. Commissioner Graf clarified that they would be furnishing the doors. Mr. Blankenship stated that they were not included in the original one, but they did not want the City of Pratt to be an agent for any company so they had requested the whole thing. Commissioner Graf questioned if the doors were a big difference. Mr. Blankenship stated that it was up to them on what they put on the bid and that we were mainly interested in the total.
Vice-Mayor Nystrom asked if the contractors in the audience had any comments they would like to make. Mr. Merlin Kessler commented that his concrete sub-contractor lives in Pratt and he pays Pratt County taxes, so he considers himself local. Vice-Mayor Nystrom commented that these were hard decisions to make. Vice-Mayor Nystrom added that talking about local business is different than it was twenty-five or thirty years ago and that some smaller towns do not have what we have in Pratt. Chief Kramer commented that he was surprised that there were not any out of town interest in this project. Vice-Mayor Nystrom commented that there had been that type of issue a few years ago and Mr. Kessler had been awarded the bid.
Mr. John Mansel of Mansel Construction stated that he did not live in Pratt, but felt he was a part of Pratt as he had done business here for twenty-five years. Mr. Mansel commented that he did a lot of construction business in Pratt and had purchased fifteen new trucks here.
Commissioner Peltier asked how this had been handled in the past since this was different than a vehicle or wire. Vice-Mayor Nystrom commented that there was not a written policy. City Manager Dave Howard commented that he felt this was a consideration that the Commission had done and that no one had been able to come up with a written policy. Commissioner Peltier commented that 5% could make a big difference in a big project and that if we were asking for a low bid, it was not treating them fair to use the 5%. Vice-Mayor Nystrom commented that this would be discussed later and that if this type of policy is kept, it should to be defined. Vice-Mayor Nystrom commented that local could be questioned as to whether it was forty or fifty miles out and that not everyone can live in Pratt.
A motion by Commissioner Peltier to accept the low bid from Mansel Construction for $123,250. The motion was seconded by Commissioner Graf and carried unanimously. Commissioner Peltier questioned when the project would get started. Mr. Blankenship commented that they could start breaking concrete in front as soon as some other equipment was moved.
CONSIDERATION AND APPROVAL OF RESOLUTION AUTHORIZING THE OFFERING FOR SALE OF GO REFUNDING BONDS:
Finance Director Diana Garten commented that this resolution gives them the authority to market the GO bonds that had been discussed at an earlier meeting.
The following Resolution 061509 was then presented to the Commission for approval: RESOLUTION AUTHORIZING THE OFFERING FOR SALE OF $2,410,000* GENERAL OBLIGATION REFUNDING BONDS, SERIES A, 2009 AND $725,000* GENERAL OBLIGATION WATER UTILITY SYSTEM REFUNDING BONDS, SERIES B, 2009, OF THE CITY OF PRATT, KANSAS. A motion by Commissioner Peltier to accept Resolution 061509. The motion was seconded by Commissioner Graf and carried unanimously.
CONSIDERATION AND APPROVAL OF ORDINANCE REGARDING BREATH TESTING FEE:
City Attorney Ken Van Blaricum explained that for a long time the State had used a blood test where DUI laws were concerned. Mr. Van Blaricum commented that if you are caught driving while intoxicated in Pratt, you are asked to have a blood test, which requires you to go to the hospital and it is sent to the KBI for analysis. Mr. Van Blaricum stated that the blood draw fee from the hospital costs $75 and the KBI fee is $400. Mr. Van Blaricum added that the $400 lab fee is charged to the offender. Commissioner Peltier commented that the hospital could do that. Police Chief Steve Holmes commented that the KBI was the only certified forensic lab and that they are used nationally. Mr. Van Blaricum stated that they were very professional.
Mr. Van Blaricum commented that the down side to this was that if the DUI goes to trial, they have to call the lab expert from Topeka about testing and that it is a waste of their time. Mr. Van Blaricum stated that the police department has obtained a new instrument that is called a Breath Intoxilyzer 8000 and it had been funded by grants. Mr. Van Blaricum explained that this had been initiated by the highway patrol and did not cost the City or County much of anything except maintenance and electricity. Mr. Van Blaricum stated that the $75 blood draw fee and the $400 testing fee would not be needed anymore, but that a fee for the Intoxilyzer 8000 should be $200 for the use of the machine and would be accessed to the court costs. Mr. Van Blaricum commented that it would be a lot easier if we were using a local officer who had been trained to use the machine.
Vice-Mayor Nystrom questioned if an offender could request a blood test. Mr. Van Blaricum answered that they could and that it would be at their expense. Vice-Mayor Nystrom asked if they could opt for either a blood or breath test. Mr. Van Blaricum commented that they could refuse a breath test. Chief Holmes commented that it is the sole discretion of the officer and they can ask for blood, breath and/or urine tests. Chief Holmes stated that if it is to determine the type of drug being used, the officer can request all three tests. City Manager Howard questioned how long they had been using this new equipment. Chief Holmes stated that they had had it for two months. Vice-Mayor Nystrom questioned if it was reliable. Commissioner Peltier asked if it held up in court. Mr. Van Blaricum answered that that was the idea and that the history of this instrument was very good.
Mr. Van Blaricum commented that he was suggesting the breath testing fee of $200. Commissioner Peltier commented that a fee of $400 was more suitable, because if they are found innocent they get off. Vice-Mayor Nystrom commented that the recommendation of the court and City Attorney is a $200 fee. Commissioner Peltier clarified that they only pay if they are found guilty, plead guilty, or a diversion is granted. Mr. Van Blaricum stated that was correct. Commissioner Peltier commented that this was a good idea, but the fee was not enough.
The following Ordinance 0906 was then presented to the Commission for their approval: AN ORDINANCE REGARDING INTOXILYZER 8000 BREATH TESTING FEE FOR ALCOHOL RELATED OFFENSES. A motion by Commissioner Graf to accept Ordinance 0906 for the $200 breath testing fee on the recommendation of the City Attorney. The motion was seconded by Commissioner Peltier and carried with two approved votes and one no vote by Commissioner Nystrom.
CONSIDERATION AND APPROVAL OF ORDINANCE REGARDING BLOOD TESTING COSTS:
City Attorney Ken Van Blaricum explained that this ordinance was on the same line as the previous discussion, but that this ordinance was concerning blood testing costs. Mr. Van Blaricum stated that there was usually a pass through cost of $75 in a blood draw and he would recommend bumping it up to $100.
Police Chief Steve Holmes commented that when former City Attorney Ernie Richardson was here, the blood draw fee was $45 and that we had been set for a pass through fee to pay back the $45 and we paid the postage. Chief Holmes stated that the next year the price was raised to $51 so we requested a $75 fee so that we would not have to amend the ordinance every year to cover price increases. Chief Holmes added that one year it went up to $61 and is now at $75, so we do not know for sure what it is going to be next year. Commissioner Peltier commented that the fee should be $200 to cover our officer’s time and also the attorney. Commissioner Peltier stated that he does not have any mercy for people who drink and drive. Mr. Van Blaricum commented that there has been a huge increase in DUI’s and he was not sure if people have lowered their standards or we have better officers. Mr. Van Blaricum commented that $200 was reasonable and that $100 could be too low.
The following Ordinance 0907 was then presented to the Commission for their approval: AN ORDINANCE AMENDING SECTION 2.60.120 OF THE PRATT MUNICIPAL CODE REGARDING BLOOD TESTING COSTS FOR ALCOHOL RELATED OFFENSES. A motion by Commissioner Graf to approve Ordinance 0907 and to raise the blood testing fee to $200 instead of $100. The motion was seconded by Commissioner Peltier and carried with two approved votes and one no vote by Commissioner Nystrom.
REPORTS:
Sunflower H2O:
City Manager Dave Howard commented that he had had a discussion with a member of the Sunflower H2O project about addressing the Commission on July 6th concerning their request for the project down south. Mr. Howard stated that after a short discussion, they agreed to postpone the deadline of June 30th and would be at the July 6th meeting to talk to the Commissioners.
Mosquito spraying:
Mr. Howard commented that the City has sprayed for mosquitoes, but the rain was playing havoc with the process. Mr. Howard stated that there were more water pools created by the rain and he asked that the community be patient. Mr. Howard commented that we would get on top of this as weather permits.
Miss Kansas parade:
Mr. Howard commented that he thought there was a better crowd at the Miss Kansas parade this year than there had been in the last four or five years. Mr. Howard added that he did not have any numbers to back that up, but it seemed like it was better attended.
Humane Society contract:
City Attorney Ken Van Blaricum commented that he had gotten the signed contract back from the Humane Society and that the issue with County Health had been resolved.
Alltel tower:
Building Inspector Brad Blankenship commented that the fire department project would be put on hold for a week or two due to the equipment being used by the company drilling the Alltel tower. Mr. Blankenship added that the company had a lot of machinery in front of the building.
House demolitions:
Mr. Blankenship informed the Commission that he would be discussing house demolitions in the future. Vice-Mayor Nystrom questioned if he had a list. Mr. Blankenship commented that he had permission from the owners for the house on Sixth Street and North Ninnescah. Vice-Mayor Nystrom asked about the house on South Hamilton that had the fire. Mr. Blankenship stated that the next door neighbor had been mowing it and that the owner was making an effort to clean stuff out of it. Mr. Blankenship questioned how long we give them to do that. Vice-Mayor Nystrom stated that he should have thirty days since the house was not repairable. Vice-Mayor Nystrom asked Fire Chief Kramer his opinion on the structure. Chief Kramer stated that the department was not going to take any action, but that the owner had told him that it would not be occupied again. City Manager Howard stated that he had heard that they would like to occupy the structure again.
Mr. Blankenship stated that from conversation, the structure has to be 60% dangerous or unsafe before it can be condemned; therefore, we have to determine if there is more than 60% destruction from the fire. Vice-Mayor Nystrom commented that the property owners around this structure were going to be complaining and that if we do not move on this, the owner will not move either. Mr. Blankenship commented that he had sent him two letters and he had been in to visit about rebuilding. Mr. Blankenship added that the owner has no other place to go.
Mr. Howard stated that the delay in the process was not Mr. Blankenship’s fault, but we still need to follow the process. Vice-Mayor Nystrom suggested that we start that process. Chief Kramer commented that from the statement that the owner made to him, the lot was going to be for sale, so he had assumed that it was not going to be occupied. Mr. Blankenship commented that the owner did want to rebuild and had been throwing stuff out. Vice-Mayor Nystrom asked how much money was in the budget for clean-up. Mr. Howard stated that it was about $20,000 or so.
Commissioner Graf asked about the property on Stout where there used to be an old grocery store. City Attorney Van Blaricum stated that the property was owned by a gentleman from Greensburg and was being rented by Curtis Shankle. Mr. Van Blaricum commented that Mr. Shankle had many nuisance and zoning violations. Mr. Van Blaricum explained that Mr. Shankle could do time in the County jail and assessed a $500 fine daily and that he was not responding to any correspondence. Vice-Mayor Nystrom commented that a neighbor of that property could be in the audience if nothing happens. Commissioner Graf commented that he had been going to work in Hutchinson and there was more and more stuff on that property every day. Mr. Van Blaricum stated that he was on the court’s dockets and that he has no money.
Vice-Mayor Nystrom commented that since it was okay to raise fees, then we need to raise the fees on these people. Commissioner Peltier commented that even if he has no money you can garnish his wages. Mr. Howard suggested that we file on him every day and access the $500 fee daily. Vice-Mayor Nystrom stated that if we do not do something, this room would be filled.
Commissioner Peltier clarified that Mr. Shankle had been sent letters to which he did not respond. Mr. Van Blaricum stated that Police Chief Steve Holmes had sent the letters. Commissioner Peltier suggested giving him a ten day notice. Mr. Blankenship commented that you are to do it in three stages and send the notices by registered mail. Commissioner Peltier asked if that was by State statute. Mr. Howard commented that it was by City ordinance. Commissioner Peltier questioned why that could not be changed. Mr. Howard explained that this was already in the court system and that this individual was in a category of his own.
Commissioner Peltier commented that with his rentals he gives them four days notice of eviction and things get started moving. Commissioner Peltier added that on the sixteenth day things happen and that you do not have to mess with this type. Commissioner Peltier commented that he did not understand the 15 days, then 45 days, then 15 days in the City ordinance. Mr. Van Blaricum commented that if it needed to be changed he could amend the ordinance and bring it to a future Commission meeting.
Commissioner Graf asked what would happen if Mr. Shankle would keep paying the fines, but leave it like it is. Mr. Van Blaricum stated that there are options such as going to the $500 fine every day or five days in jail. Mr. Van Blaricum commented that it was hard to get a judge to do the jail time option. Mr. Van Blaricum stated that you can also do an abatement, but that there was already an injunction against him in district court. Vice-Mayor Nystrom commented that we need to determine what is legal and get moving. Mr. Van Blaricum stated that he was proceeding as quickly as possible.
Mr. Van Blaricum commented that he would make a presentation at the next meeting on the nuisance ordinance and what was in it.
Local bidding process:
Vice-Mayor Nystrom commented that he would like to discuss the local bidding process when there was a full Commission in attendance.
5% definition:
Commissioner Peltier added that he would like to see a definition of the 5% given to local bidders also.
ADJOURN:
A motion by Commissioner Graf to adjourn. The motion was seconded by Commissioner Peltier and carried unanimously.
_______________________________________
ERIC NYSTROM, Vice-Mayor
(SEAL)
ATTEST:
__________________________________
LUANN KRAMER, City Clerk
June 15, 2009
The Governing Body of the City of Pratt met in Regular session in the Commission Room located in City Hall.
PRESENT: Eric Nystrom Vice-Mayor
Willy Peltier Commissioner
Victor Graf 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
Brad Blankenship Building Inspector Kelly Hemphill Dir. of Electric Utilities
CALL TO ORDER:
Vice-Mayor Nystrom called the regular meeting to order. The Vice-Mayor instructed the Clerk to note that all Commissioners were present with the exceptions of Mayor Taylor and Commissioner Hlavachick.
Vice-Mayor Nystrom reminded the audience that the meeting may be taped and/or recorded.
MINUTES:
A motion by Commissioner Peltier to approve the minutes of the June 01, 2009 regular meeting. The motion was seconded by Commissioner Graf and carried unanimously.
OPEN AGENDA:
Local Vendor Consideration:
Mr. Charles Armantrout from Medicine Lodge and a salesman for Water Products addressed the Commission concerning his sales to the City of Pratt being considered local. Mr. Armantrout stated that he has sold the City of Pratt approximately $37,000 in materials for a commission of about $2,900. Mr. Armantrout commented that he personally spends about $10,000 in Pratt and he would like for the Commission to consider the 5% preference for local vendors/contractors be extended to him. Vice-Mayor Nystrom commented that the 5% preference for local vendors/contractors was an unwritten policy and that it had never been defined as to what ‘local’ was. Vice-Mayor Nystrom stated that this was becoming an issue and that it would be discussed during the budget session in July.
Commissioner Peltier questioned what advantage that would give Mr. Armantrout. Mr. Armantrout stated that he would be able to competitively bid against D C & B Supply of Pratt. Commissioner Peltier asked if he was losing the 5%. Mr. Armantrout commented that it could be more than that if you want to get the job and that puts out of town vendors at a disadvantage. Mr. Armantrout stated that he had been doing business in Pratt for the last thirty years and had even changed their doctor to Pratt about fifteen years ago. Vice-Mayor Nystrom commented that the Commission would take this under advisement during budget session.
BUSINESS:
CONSIDERATION AND APPROVAL OF REQUEST FROM THE PRATT PUBLIC LIBRARY FOR 3 MILL IN 2010:
Ms. Rochelle Westerhaus, Public Library Board Secretary, addressed the Commission concerning the library budget request for 2010. Ms. Westerhaus stated that she was the new director at the library and introduced Mr. Pat Hall, who was the assistant director.
Ms. Westerhaus commented that the Commission had received a copy of the budget to review and discussed a few of the services that the library provides for the community such as meeting rooms and internet services. Ms. Westerhaus stated that City has 5,287 library cards issued and the County has 1,363. Ms. Westerhaus added that for each budgeted dollar, Pratt tax payers receive $3.81 in services from the library.
Ms. Westerhaus stated that she would like to request the 3 mill for the library’s 2010 budget. Commissioner Peltier questioned if this was what they got last year. Vice-Mayor Nystrom commented that it was and that they have to request it each year. Finance Director Diana Garten added that 3 mill was the cap that the library could request. A motion by Commissioner Graf to approve the request of 3 mill for the Pratt Public Library 2010 budget. The motion was seconded by Commissioner Peltier and carried unanimously.
CONSIDERATION AND APPROVAL OF LOW BID FOR THE NEW FIRE STATION CONSTRUCTION:
Fire Chief David Kramer, along with Building Inspector Brad Blankenship, informed the Commission that they had gone out for bids on the remodel of the new fire station and that they had been anxiously anticipating this for quite awhile. Chief Kramer stated that Mr. Blankenship had gotten the specs put together and they had received three bids back. Chief Kramer commented that with the current budget dollars they should be able to complete Phase 1 of the project.
Chief Kramer commented that he had worked with all of the bidding contractors and he had the utmost respect for all of them and their quality of work. Chief Kramer stated that the contractors that had met the deadline were Jorns Construction with a bid of $143,951.06, Kessler Construction that bid $123,970 and Mansel Construction that bid $123,250. Chief Kramer commented that looking at dollars, the $750 difference in the bids from Kessler Construction and Mansel Construction, was still budgeted dollars. Chief Kramer commented about the previous conversation concerning ‘local’ and questioned what was and what was not local. Vice-Mayor Nystrom stated that local was not an issue here since neither one of them lived in Pratt. Vice-Mayor Nystrom added that difficult as it may be, the low bid was the low bid.
Chief Kramer stated that Mr. Blankenship and he would recommend the low bid from Mansel Construction in the amount of $123,250 for the fire station project. Mr. Blankenship commented that everything was in the bids that they had asked for. Commissioner Peltier questioned if the bids were apples for apples. Chief Kramer stated that they were. Commissioner Peltier asked about the door types. Chief Kramer commented that they had to be a certain ‘R’ rating. Mr. Blankenship added that the specs stated that they could use their brand. Commissioner Graf clarified that they would be furnishing the doors. Mr. Blankenship stated that they were not included in the original one, but they did not want the City of Pratt to be an agent for any company so they had requested the whole thing. Commissioner Graf questioned if the doors were a big difference. Mr. Blankenship stated that it was up to them on what they put on the bid and that we were mainly interested in the total.
Vice-Mayor Nystrom asked if the contractors in the audience had any comments they would like to make. Mr. Merlin Kessler commented that his concrete sub-contractor lives in Pratt and he pays Pratt County taxes, so he considers himself local. Vice-Mayor Nystrom commented that these were hard decisions to make. Vice-Mayor Nystrom added that talking about local business is different than it was twenty-five or thirty years ago and that some smaller towns do not have what we have in Pratt. Chief Kramer commented that he was surprised that there were not any out of town interest in this project. Vice-Mayor Nystrom commented that there had been that type of issue a few years ago and Mr. Kessler had been awarded the bid.
Mr. John Mansel of Mansel Construction stated that he did not live in Pratt, but felt he was a part of Pratt as he had done business here for twenty-five years. Mr. Mansel commented that he did a lot of construction business in Pratt and had purchased fifteen new trucks here.
Commissioner Peltier asked how this had been handled in the past since this was different than a vehicle or wire. Vice-Mayor Nystrom commented that there was not a written policy. City Manager Dave Howard commented that he felt this was a consideration that the Commission had done and that no one had been able to come up with a written policy. Commissioner Peltier commented that 5% could make a big difference in a big project and that if we were asking for a low bid, it was not treating them fair to use the 5%. Vice-Mayor Nystrom commented that this would be discussed later and that if this type of policy is kept, it should to be defined. Vice-Mayor Nystrom commented that local could be questioned as to whether it was forty or fifty miles out and that not everyone can live in Pratt.
A motion by Commissioner Peltier to accept the low bid from Mansel Construction for $123,250. The motion was seconded by Commissioner Graf and carried unanimously. Commissioner Peltier questioned when the project would get started. Mr. Blankenship commented that they could start breaking concrete in front as soon as some other equipment was moved.
CONSIDERATION AND APPROVAL OF RESOLUTION AUTHORIZING THE OFFERING FOR SALE OF GO REFUNDING BONDS:
Finance Director Diana Garten commented that this resolution gives them the authority to market the GO bonds that had been discussed at an earlier meeting.
The following Resolution 061509 was then presented to the Commission for approval: RESOLUTION AUTHORIZING THE OFFERING FOR SALE OF $2,410,000* GENERAL OBLIGATION REFUNDING BONDS, SERIES A, 2009 AND $725,000* GENERAL OBLIGATION WATER UTILITY SYSTEM REFUNDING BONDS, SERIES B, 2009, OF THE CITY OF PRATT, KANSAS. A motion by Commissioner Peltier to accept Resolution 061509. The motion was seconded by Commissioner Graf and carried unanimously.
CONSIDERATION AND APPROVAL OF ORDINANCE REGARDING BREATH TESTING FEE:
City Attorney Ken Van Blaricum explained that for a long time the State had used a blood test where DUI laws were concerned. Mr. Van Blaricum commented that if you are caught driving while intoxicated in Pratt, you are asked to have a blood test, which requires you to go to the hospital and it is sent to the KBI for analysis. Mr. Van Blaricum stated that the blood draw fee from the hospital costs $75 and the KBI fee is $400. Mr. Van Blaricum added that the $400 lab fee is charged to the offender. Commissioner Peltier commented that the hospital could do that. Police Chief Steve Holmes commented that the KBI was the only certified forensic lab and that they are used nationally. Mr. Van Blaricum stated that they were very professional.
Mr. Van Blaricum commented that the down side to this was that if the DUI goes to trial, they have to call the lab expert from Topeka about testing and that it is a waste of their time. Mr. Van Blaricum stated that the police department has obtained a new instrument that is called a Breath Intoxilyzer 8000 and it had been funded by grants. Mr. Van Blaricum explained that this had been initiated by the highway patrol and did not cost the City or County much of anything except maintenance and electricity. Mr. Van Blaricum stated that the $75 blood draw fee and the $400 testing fee would not be needed anymore, but that a fee for the Intoxilyzer 8000 should be $200 for the use of the machine and would be accessed to the court costs. Mr. Van Blaricum commented that it would be a lot easier if we were using a local officer who had been trained to use the machine.
Vice-Mayor Nystrom questioned if an offender could request a blood test. Mr. Van Blaricum answered that they could and that it would be at their expense. Vice-Mayor Nystrom asked if they could opt for either a blood or breath test. Mr. Van Blaricum commented that they could refuse a breath test. Chief Holmes commented that it is the sole discretion of the officer and they can ask for blood, breath and/or urine tests. Chief Holmes stated that if it is to determine the type of drug being used, the officer can request all three tests. City Manager Howard questioned how long they had been using this new equipment. Chief Holmes stated that they had had it for two months. Vice-Mayor Nystrom questioned if it was reliable. Commissioner Peltier asked if it held up in court. Mr. Van Blaricum answered that that was the idea and that the history of this instrument was very good.
Mr. Van Blaricum commented that he was suggesting the breath testing fee of $200. Commissioner Peltier commented that a fee of $400 was more suitable, because if they are found innocent they get off. Vice-Mayor Nystrom commented that the recommendation of the court and City Attorney is a $200 fee. Commissioner Peltier clarified that they only pay if they are found guilty, plead guilty, or a diversion is granted. Mr. Van Blaricum stated that was correct. Commissioner Peltier commented that this was a good idea, but the fee was not enough.
The following Ordinance 0906 was then presented to the Commission for their approval: AN ORDINANCE REGARDING INTOXILYZER 8000 BREATH TESTING FEE FOR ALCOHOL RELATED OFFENSES. A motion by Commissioner Graf to accept Ordinance 0906 for the $200 breath testing fee on the recommendation of the City Attorney. The motion was seconded by Commissioner Peltier and carried with two approved votes and one no vote by Commissioner Nystrom.
CONSIDERATION AND APPROVAL OF ORDINANCE REGARDING BLOOD TESTING COSTS:
City Attorney Ken Van Blaricum explained that this ordinance was on the same line as the previous discussion, but that this ordinance was concerning blood testing costs. Mr. Van Blaricum stated that there was usually a pass through cost of $75 in a blood draw and he would recommend bumping it up to $100.
Police Chief Steve Holmes commented that when former City Attorney Ernie Richardson was here, the blood draw fee was $45 and that we had been set for a pass through fee to pay back the $45 and we paid the postage. Chief Holmes stated that the next year the price was raised to $51 so we requested a $75 fee so that we would not have to amend the ordinance every year to cover price increases. Chief Holmes added that one year it went up to $61 and is now at $75, so we do not know for sure what it is going to be next year. Commissioner Peltier commented that the fee should be $200 to cover our officer’s time and also the attorney. Commissioner Peltier stated that he does not have any mercy for people who drink and drive. Mr. Van Blaricum commented that there has been a huge increase in DUI’s and he was not sure if people have lowered their standards or we have better officers. Mr. Van Blaricum commented that $200 was reasonable and that $100 could be too low.
The following Ordinance 0907 was then presented to the Commission for their approval: AN ORDINANCE AMENDING SECTION 2.60.120 OF THE PRATT MUNICIPAL CODE REGARDING BLOOD TESTING COSTS FOR ALCOHOL RELATED OFFENSES. A motion by Commissioner Graf to approve Ordinance 0907 and to raise the blood testing fee to $200 instead of $100. The motion was seconded by Commissioner Peltier and carried with two approved votes and one no vote by Commissioner Nystrom.
REPORTS:
Sunflower H2O:
City Manager Dave Howard commented that he had had a discussion with a member of the Sunflower H2O project about addressing the Commission on July 6th concerning their request for the project down south. Mr. Howard stated that after a short discussion, they agreed to postpone the deadline of June 30th and would be at the July 6th meeting to talk to the Commissioners.
Mosquito spraying:
Mr. Howard commented that the City has sprayed for mosquitoes, but the rain was playing havoc with the process. Mr. Howard stated that there were more water pools created by the rain and he asked that the community be patient. Mr. Howard commented that we would get on top of this as weather permits.
Miss Kansas parade:
Mr. Howard commented that he thought there was a better crowd at the Miss Kansas parade this year than there had been in the last four or five years. Mr. Howard added that he did not have any numbers to back that up, but it seemed like it was better attended.
Humane Society contract:
City Attorney Ken Van Blaricum commented that he had gotten the signed contract back from the Humane Society and that the issue with County Health had been resolved.
Alltel tower:
Building Inspector Brad Blankenship commented that the fire department project would be put on hold for a week or two due to the equipment being used by the company drilling the Alltel tower. Mr. Blankenship added that the company had a lot of machinery in front of the building.
House demolitions:
Mr. Blankenship informed the Commission that he would be discussing house demolitions in the future. Vice-Mayor Nystrom questioned if he had a list. Mr. Blankenship commented that he had permission from the owners for the house on Sixth Street and North Ninnescah. Vice-Mayor Nystrom asked about the house on South Hamilton that had the fire. Mr. Blankenship stated that the next door neighbor had been mowing it and that the owner was making an effort to clean stuff out of it. Mr. Blankenship questioned how long we give them to do that. Vice-Mayor Nystrom stated that he should have thirty days since the house was not repairable. Vice-Mayor Nystrom asked Fire Chief Kramer his opinion on the structure. Chief Kramer stated that the department was not going to take any action, but that the owner had told him that it would not be occupied again. City Manager Howard stated that he had heard that they would like to occupy the structure again.
Mr. Blankenship stated that from conversation, the structure has to be 60% dangerous or unsafe before it can be condemned; therefore, we have to determine if there is more than 60% destruction from the fire. Vice-Mayor Nystrom commented that the property owners around this structure were going to be complaining and that if we do not move on this, the owner will not move either. Mr. Blankenship commented that he had sent him two letters and he had been in to visit about rebuilding. Mr. Blankenship added that the owner has no other place to go.
Mr. Howard stated that the delay in the process was not Mr. Blankenship’s fault, but we still need to follow the process. Vice-Mayor Nystrom suggested that we start that process. Chief Kramer commented that from the statement that the owner made to him, the lot was going to be for sale, so he had assumed that it was not going to be occupied. Mr. Blankenship commented that the owner did want to rebuild and had been throwing stuff out. Vice-Mayor Nystrom asked how much money was in the budget for clean-up. Mr. Howard stated that it was about $20,000 or so.
Commissioner Graf asked about the property on Stout where there used to be an old grocery store. City Attorney Van Blaricum stated that the property was owned by a gentleman from Greensburg and was being rented by Curtis Shankle. Mr. Van Blaricum commented that Mr. Shankle had many nuisance and zoning violations. Mr. Van Blaricum explained that Mr. Shankle could do time in the County jail and assessed a $500 fine daily and that he was not responding to any correspondence. Vice-Mayor Nystrom commented that a neighbor of that property could be in the audience if nothing happens. Commissioner Graf commented that he had been going to work in Hutchinson and there was more and more stuff on that property every day. Mr. Van Blaricum stated that he was on the court’s dockets and that he has no money.
Vice-Mayor Nystrom commented that since it was okay to raise fees, then we need to raise the fees on these people. Commissioner Peltier commented that even if he has no money you can garnish his wages. Mr. Howard suggested that we file on him every day and access the $500 fee daily. Vice-Mayor Nystrom stated that if we do not do something, this room would be filled.
Commissioner Peltier clarified that Mr. Shankle had been sent letters to which he did not respond. Mr. Van Blaricum stated that Police Chief Steve Holmes had sent the letters. Commissioner Peltier suggested giving him a ten day notice. Mr. Blankenship commented that you are to do it in three stages and send the notices by registered mail. Commissioner Peltier asked if that was by State statute. Mr. Howard commented that it was by City ordinance. Commissioner Peltier questioned why that could not be changed. Mr. Howard explained that this was already in the court system and that this individual was in a category of his own.
Commissioner Peltier commented that with his rentals he gives them four days notice of eviction and things get started moving. Commissioner Peltier added that on the sixteenth day things happen and that you do not have to mess with this type. Commissioner Peltier commented that he did not understand the 15 days, then 45 days, then 15 days in the City ordinance. Mr. Van Blaricum commented that if it needed to be changed he could amend the ordinance and bring it to a future Commission meeting.
Commissioner Graf asked what would happen if Mr. Shankle would keep paying the fines, but leave it like it is. Mr. Van Blaricum stated that there are options such as going to the $500 fine every day or five days in jail. Mr. Van Blaricum commented that it was hard to get a judge to do the jail time option. Mr. Van Blaricum stated that you can also do an abatement, but that there was already an injunction against him in district court. Vice-Mayor Nystrom commented that we need to determine what is legal and get moving. Mr. Van Blaricum stated that he was proceeding as quickly as possible.
Mr. Van Blaricum commented that he would make a presentation at the next meeting on the nuisance ordinance and what was in it.
Local bidding process:
Vice-Mayor Nystrom commented that he would like to discuss the local bidding process when there was a full Commission in attendance.
5% definition:
Commissioner Peltier added that he would like to see a definition of the 5% given to local bidders also.
ADJOURN:
A motion by Commissioner Graf to adjourn. The motion was seconded by Commissioner Peltier and carried unanimously.
_______________________________________
ERIC NYSTROM, Vice-Mayor
(SEAL)
ATTEST:
__________________________________
LUANN KRAMER, City Clerk
Monday, July 6, 2009
07/06/09 City Commission Agenda
MONDAY
JULY 06, 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-June 15, 2009 Regular Commission meeting
4. OPEN AGENDA
5. BUSINESS:
5.1 Consideration of Funding Request from the Sunflower H2O Coalition – Mike Mayberry, City of Kiowa
5.2 Consideration and Approval of Street Closings for July 11th Sidewalk Sale – Brian Hoffman, Chamber Director
5.3 Consideration and Approval of Appointments to Fill Unexpired Terms on the Travel and Tourism Board – Brian Hoffman, Chamber Director
• Eric Strobel and Rhonda Reynolds to fill unexpired terms of Alex Desai and Christy Landis (Terms expire 12/31/2010)
5.4 Consideration and Approval of Agreement between KDOT and City of Pratt for Project from Railroad North to City Limits – Russ Rambat, Public Works Director
5.5 Consideration and Approval of Amendment 1 to the Contract for Engineering Services for the North US-281 Project – Russ Rambat, Public Works Director
5.6 Consideration and Approval of Request for 3 mill from Pratt Airport Authority for their 2010 Budget – Diana Garten, Finance Director
5.7 Consideration and Approval of Bid for Replacing the Crossing on S. Pine Entering Lemon’s Park – Russ Rambat, Public Works Director
5.8 Consideration and Approval of Ordinance and Resolutions Pertaining to GO Refunding Bonds – Diana Garten, Finance Director
• Ordinance 0908
• Resolution 070609
• Resolution 070609A
5.9 Consideration and Approval of Bid for a Budgeted Skid Street Loader for Street Department – Russ Rambat, Public Works Director
5.10 Consideration and Approval of Bid for 2009 Street Slurry Seal Project – Russ Rambat, Public Works Director
5.11 Discussion on Property and Motor Vehicle Nuisances – Ken Van Blaricum, City Attorney; Commission and Staff
6. REPORTS
6.1 City Manager
6.2 City Attorney
6.3 Department Heads
6.4 Mayor
6.5 City Commission
7. RECESS – Until Monday, July 13, 2009 at 8:00 a.m. for Budget S
JULY 06, 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-June 15, 2009 Regular Commission meeting
4. OPEN AGENDA
5. BUSINESS:
5.1 Consideration of Funding Request from the Sunflower H2O Coalition – Mike Mayberry, City of Kiowa
5.2 Consideration and Approval of Street Closings for July 11th Sidewalk Sale – Brian Hoffman, Chamber Director
5.3 Consideration and Approval of Appointments to Fill Unexpired Terms on the Travel and Tourism Board – Brian Hoffman, Chamber Director
• Eric Strobel and Rhonda Reynolds to fill unexpired terms of Alex Desai and Christy Landis (Terms expire 12/31/2010)
5.4 Consideration and Approval of Agreement between KDOT and City of Pratt for Project from Railroad North to City Limits – Russ Rambat, Public Works Director
5.5 Consideration and Approval of Amendment 1 to the Contract for Engineering Services for the North US-281 Project – Russ Rambat, Public Works Director
5.6 Consideration and Approval of Request for 3 mill from Pratt Airport Authority for their 2010 Budget – Diana Garten, Finance Director
5.7 Consideration and Approval of Bid for Replacing the Crossing on S. Pine Entering Lemon’s Park – Russ Rambat, Public Works Director
5.8 Consideration and Approval of Ordinance and Resolutions Pertaining to GO Refunding Bonds – Diana Garten, Finance Director
• Ordinance 0908
• Resolution 070609
• Resolution 070609A
5.9 Consideration and Approval of Bid for a Budgeted Skid Street Loader for Street Department – Russ Rambat, Public Works Director
5.10 Consideration and Approval of Bid for 2009 Street Slurry Seal Project – Russ Rambat, Public Works Director
5.11 Discussion on Property and Motor Vehicle Nuisances – Ken Van Blaricum, City Attorney; Commission and Staff
6. REPORTS
6.1 City Manager
6.2 City Attorney
6.3 Department Heads
6.4 Mayor
6.5 City Commission
7. RECESS – Until Monday, July 13, 2009 at 8:00 a.m. for Budget S
Tuesday, June 16, 2009
Approved Minutes of 06/01/2009 Commission meeting
MONDAY
June 01, 2009
The Governing Body of the City of Pratt met in Regular session in the Commission Room located in City Hall.
PRESENT: Jeff Taylor Mayor
Eric Nystrom Commissioner
Bill Hlavachick Commissioner
Willy Peltier Commissioner
Victor Graf 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
Brad Blankenship Building Inspector Kelly Hemphill Dir. of Electric Utilities
Bruce Pinkall Recreation Director
CALL TO ORDER:
Mayor Taylor called the regular meeting to order. The Mayor instructed the Clerk to note that all Commissioners were present with the exception of Commissioner Peltier who was going to be late.
Mayor Taylor reminded the audience that the meeting may be taped and/or recorded.
MINUTES:
A motion by Commissioner Hlavachick to approve the minutes of the May 18, 2009 regular meeting. The motion was seconded by Commissioner Nystrom and carried unanimously.
OPEN AGENDA:
No one in the audience wished to address the Commission.
BUSINESS:
PRESENTATION OF THE 2008 CITY OF PRATT AUDIT:
Ms. Vicki Dreiling of Adams, Brown, Beran, & Ball Chtd. commented to the Commission that page one began with the independent auditor’s report and that the last paragraph states that ‘the financial statements referred to above present fairly, in all material respects, the cash and unencumbered cash balances of each fund of the City of Pratt, Kansas, as of December 31, 2008, and their respective cash receipts and disbursements, and budgetary results for the year then ended’.
Ms. Dreiling stated that the financial statements are presented on a statutory basis of accounting, which is different than general accepted accounting principles. Ms. Dreiling commented that it is okay to use the statutory basis of accounting since the City passes a resolution yearly allowing that type of accounting. (Commissioner Peltier arrived at 5:06 p.m.) Ms. Dreiling added that basically they are giving their unqualified opinion on the financial statements, which is the highest form of opinion that they can give on those statements.
Ms. Dreiling moved on to page two and three to discuss the summary of cash receipts, expenditures and unencumbered cash. Ms. Dreiling commented that the report lists out each fund, their beginning of unencumbered cash balances, cash receipts, expenditures, ending unencumbered cash balance, any outstanding accounts payable and the ending cash balance. Ms. Dreiling stated that the year began with $17.1 million in unencumbered cash and ended with $19,660,000, which was about a $2.5 million increase. Ms. Dreiling commented that the unencumbered cash balance is the actual cash balances less any outstanding payables at the end of the year. Ms. Dreiling stated that the City had approximately $922,000 encumbrances/accounts payable at the end of 2008. Ms. Dreiling stated that the overall cash balance was up $20,602,000 and that was up about $2.6 million from the prior year.
Ms. Dreiling commented that the City had several unusual receipts such as the Alltel lease at $60,000, forfeiture of funds at about $90,000, a proceed of an industrial bond of $182,000, FEMA funds and also a building permit for about $9,000. Ms. Dreiling stated that all of these plus the efficiencies of the City helped gain that $2.6 million in the overall cash value. Mayor Taylor questioned if sales tax was included in that. Ms. Dreiling stated that it was. Ms. Dreiling pointed out that the enterprise funds had all increased their cash balances and that means they are supporting their expenditures, which is something that you want to see.
Ms. Dreiling went to page four that contained the summary of expenditures, actual and budget, which compares the certified budget for each fund to the total expenditures. Ms. Dreiling commented that the City did not have any budget violations in 2008. Ms. Dreiling added that budget amendments helped with that and that there were no statute violations.
Ms. Dreiling pointed out that the next several page contained a more detailed explanation of cash receipts and disbursements.
Ms. Dreiling stated that page forty-one was the beginning of the foot notes on the financial statements for each fund. Ms. Dreiling commented that this would be where any statute violations or budget violations would be listed, but the City did not have any.
Ms. Dreiling directed the Commission to pages forty-nine thru fifty-one where there was a fairly lengthy schedule of bonds, leases and loan obligations. Ms. Dreiling explained that at the end of the year the total contractual indebtedness was $14,701,000 and that they had added compensated absences (accumulated sick leave, unused vacation, anything due an employee) of $109,000 to bring the total to $14,800,000.
Ms. Dreiling commented that the City paid a little over $645,000 in interest expense in 2008. Mayor Taylor questioned what we had paid interest on. Ms. Dreiling stated that the City would have paid interest on any bonds, leases or anything that had an outstanding balance. Mayor Taylor asked if the City had any leases. Finance Director Diana Garten commented that the fire truck was still under a lease agreement.
Ms. Dreiling discussed the loan balances schedule and explained that it is shown in five year increments to show what the City would be paying at maturity. Ms. Dreiling pointed out that the loan to the Ethanol Plant on page fifty had been forgiven since they were not going to be able to pay it back. City Manager Dave Howard reminded the Commission that the original agreement was half grant and half loan and they had decided to give it all as a grant since the City was borrowing on behalf of the Ethanol Plant.
Commissioner Nystrom questioned if the City was favorable on bond indebtedness. Ms. Dreiling commented that when doing an analysis on debt ratio, the City was well within the ratio as far as where we need to be. Ms. Dreiling explained that they not only looks at the current loan, but they also look at them in total. Mayor Taylor commented that a few years ago the City was close on electric and wastewater. Ms. Dreiling commented that if the City was having trouble making payments they would be concerned, but the City was in a good position with their cash flow.
Ms. Dreiling directed the Commission to the management letter and explained that the auditors not only look at financials, but they spend a good deal of time looking at policies and procedures and internal controls. Ms. Dreiling stated that last year there were thirty-two items on the management letter and this year there were only five or six. Ms. Dreiling added that management did a good job in addressing those items as not too many were repeated. Ms. Dreiling explained a few items such as Municipal Court is addressing a software issue, meter readers not reading their own meters, someone other than the utility clerk closing out the cash drawer, and deposits payable being reconciled. Ms. Dreiling also explained that a canceled encumbrance should not be posted back to reimbursed expenses, but added back to an unencumbered cash account. Ms. Dreiling added that it should not affect the financial statements of the current year. Mayor Taylor asked if we did not have a category for that. Ms. Garten stated that we did not have, but would.
Commissioner Hlavachick commented that Ms. Dreiling had done another great job. Commissioner Peltier commented that this is an indication that management is doing an excellent job. Mayor Taylor stated that it brings things to their attention and it was difficult to correct things that have been done the same way for several years. Mr. Howard commented that a new auditor is more efficient in finding things, as was apparent last year. Ms. Dreiling thanked the staff for their cooperation as they do take up a lot of their time. Mayor Taylor commented that the Commission hears good things about them also.
CONSIDERATION AND APPROVAL OF WIRE AND MATERIALS PURCHASE FOR SUBSTATION FEEDER:
Kelly Hemphill, Director of Electric Utilities, provided the Commission with images of the underground structure on Tenth Street and explained that that was how the energy comes from the power plant to the overhead lines. Mr. Hemphill commented that the structure had been built in 1964 and that there were posts bond to the poles in order to support them due to the original poles becoming unstable. Mr. Hemphill stated that the structure had been patched back together to make it work after the 2007 ice storm, but it was now time to replace the structure.
Mr. Hemphill stated that the old structure would be dug up and four new poles would be installed between Jackson Street and Iuka Street along with an already existing pole. Mr. Hemphill commented that that would become the new riser structure and explained how the proposed wire purchase would be installed. Mayor Taylor asked if the structure would be totally relocated and the old one torn down. Mr. Hemphill stated that was correct. Mr. Hemphill added that there was another benefit of that location due to the 12 470 substation in that if it was ever decided to abandon the 4160 and update the power lines to the 12 470, it would be capable of handling the higher voltage.
Mr. Hemphill informed the Commission that they had looked at structures in detail and had decided that this was the best and easiest to build with our crews and it allows them to put two feeders on a pole. Mr. Hemphill showed the Commission a picture of the underground riser in Lemon’s Park where the same 4160 had been put underground through the park. Mr. Hemphill added that this would eliminate some of the problems like we had in the 2007 ice storm.
Mr. Hemphill commented that the unique thing about the wire was the timing and that in February 2008 he had priced the wire at $116,622. Mr. Hemphill stated that they had tried to utilize the end of the year budget, but on the advice of the City Manager, they had waited. Mr. Hemphill commented that in April 2009, the price of the wire was $63,098, but the timing was not there. Mr. Hemphill stated that they now had everything in order and were asking to purchase the wire for $71,437.50. Mr. Hemphill added that all other materials for the project would be coming out of their materials budget, but spread out through 2008 and the wire purchase being in 2009. Mr. Hemphill commented that due to the FEMA projects, the work would probably begin in 2010.
Commissioner Peltier asked if they were going back to wooden poles or use metal. Mr. Hemphill stated that with the exception of the one existing wooden pole, the rest would be steel and they would have a fiberglass cross arm, which is highly resistant to weather. Mr. Hemphill commented that the one wooden pole would hold a riser on one circuit and the others would be on the steel poles. Mr. Hemphill explained that if there would be problem with the one riser on one circuit, they could easily combine that one circuit onto one of the three steel poles and be in good shape.
Mr. Howard commented that when they first started looking, the peak price of cooper was $114,000, so they continued to watch commodity prices that relate to the City. Mr. Howard added that you have to look at the inflation in prices, but also the fact that the US dollar is going down.
Commissioner Peltier questioned if City staff were going to do this project. Mr. Hemphill stated that we were. A motion by Commissioner Peltier to do this project with Stanion Wholesale Electric for $71,437.50 plus tax. The motion was seconded by Commissioner Hlavachick and carried unanimously. Commissioner Nystrom asked how long this bid was good for. Mr. Hemphill stated that it was good for thirty days.
CONSIDERATION AND APPROVAL OF THE APPOINTMENT OF KATHY HARVEY TO THE JUVENILE CORRECTIONAL ADVISORY BOARD:
City Manager Dave Howard informed the Commission that we had received a letter from the South Central Kansas Community Corrections Agency and they would like to get this board active again. Mr. Howard stated that they had recommended Ms. Kathy Harvey to serve a two year term on this board and that she was currently serving on the board and willing to do so again.
A motion by Commissioner Peltier to appoint Kathy Harvey to the Juvenile Correctional Advisory Board. The motion was seconded by Commissioner Hlavachick and carried unanimously.
CONSIDERATION AND APPROVAL OF BID FOR HOT & COLD WATER TOWER MAINTENANCE:
City Manager Howard stated that the requested maintenance work on the Hot & Cold water towers would be to remove the wooden jackets. Mr. Howard commented that they were coming apart and were a liability for anyone working in the flower beds underneath the water tower. Mr. Howard explained that Public Works Director Russ Rambat suggested that the jackets be removed, cut out the pipe and paint the towers. Mr. Howard explained that the bids were figured both by removing the jackets and painting the pipe or by removing the jackets and the pipe. Mr. Howard added that there could be some historical consideration in removing this from the towers.
Mayor Taylor commented that it made good sense to remove the jackets and the pipe so that we would not have to paint again and it would not take anything away from the Hot & Cold Water Tower. Commissioner Nystrom commented that it would make them look better. Commissioner Peltier questioned why we need to remove the pipe. Mr. Howard stated that it would be less to maintain and they would probably have to be removed sometime.
Mr. Howard commented that the low bid for removing the jackets and cleaning the pipe came from Cunningham Sandblasting & Painting for $9300 and $10,815 to remove the jackets and the pipe. Mr. Howard stated that the recommendation was for the $10,815 to remove both. Mayor Taylor commented that it was cheaper to remove the jackets and clean and paint the pipe, but you would have to paint the pipe again. Commissioner Peltier commented that that was a lot of money. Mayor Taylor stated that it was a lot of work to take the jackets off, cut the pipe off and plug the hole. Commissioner Nystrom commented that the major problem was the wood. Mr. Howard commented that neither one serves a purpose, but the pipe could be left and painted, but eventually the stand pipe would have to come out. Commissioner Peltier questioned if that would take more than a bucket truck and saw. Mr. Howard stated that the labor was not that high, but safety was an issue.
Commissioner Nystrom commented that he was in favor of taking out the pipe and jacket. Mayor Taylor suggested that when the towers got painted, have the pipes painted also. Mayor Taylor questioned how often the towers got painted. Mr. Howard commented that it was about every four or five years. Mayor Taylor commented that it would be cheaper to paint them than take them out and it would stay historical. Commissioner Nystrom commented that it is the unknown factor of what we have. Mayor Taylor suggested that the Commission approve the total amount and then let City staff decide whether to take the pipe out or not.
A motion by Commissioner Hlavachick to accept the contract from Cunningham Sandblasting & Painting Co., Inc. for $7,400 to remove the wooden frost jackets from both towers and $3,415 to remove the riser pipes, based on their condition and City staffs decision, for a total of $10,815. The motion was seconded by Commissioner Nystrom and carried unanimously. Mayor Taylor added that the pipes would be painted if they were in good condition.
CONSIDERATION AND APPROVAL OF ‘AMENDED’ AGREEMENT WITH THE HUMANE SOCIETY:
Mr. Ken Van Blaricum, City Attorney, reminded the Commission that they had approved a letter agreement with the Humane Society on March 29th, but they had had some questions and had not signed it yet. Mr. Van Blaricum stated that this agreement again provides the $1,000 monthly donation, the $6,000 allowance for utilities, allows the City to deliver strays, states that the Humane Society shall keep records of impoundment and requires the Humane Society to provide a monthly statement to the Chief of Police.
Mr. Van Blaricum commented that this agreement took effect on April 1, 2009 and that the independent contractor statement is included and that ensures that they are not our problem. Mayor Taylor questioned the concern from the County a couple of weeks ago. Mr. Van Blaricum commented that they were concerned about the statement in the animal ordinance that held them responsible for animal bites. Mr. Van Blaricum stated that would be corrected in the animal ordinance at a later time.
A motion by Commissioner Nystrom to approve the amended agreement with the Humane Society as printed. The motion was seconded by Commissioner Graf and carried unanimously.
CONSIDERATION AND APPROVAL OF THE LETTER OF AGREEMENT BETWEEN FAIRBANKS MORSE AND CITY OF PRATT:
Director of Electric Utilities Kelly Hemphill commented that the City had been working with Fairbanks Morse for about a year on the cracked heads issue. Mr. Hemphill stated that ten cylinder heads had been identified and the insurance company would pick up anything over $100,000; which is our deductible. Mr. Hemphill explained that Fairbanks Morse has ten cylinder heads in stock and they are ready to ship them to us. Mr. Hemphill commented that the power plant staff is currently investigating the remainder of the heads and they have found a couple of them that look cracked, but they would be doing more testing. Mr. Hemphill stated that the total current cost would be approximately $227,577 and that our cost would be the deductible of $100,000. Mr. Hemphill added that there would be more expense to this such as reconditioning. Mayor Taylor questioned how long it took to take one of the cylinder heads off. Mr. Ernie Smith, Power Plant Superintendent, stated that you could get one off in a day. City Manager Howard commented that they were doing better than that now. Mr. Smith commented that they did get two off today, but it depends on whether the head is between two heads or if the one next to it has already been removed.
Mr. Howard commented that the City has to pay for the testing, but it is worth doing. Mr. Howard stated that if the cylinder heads are not found under this deductible and we find them later, we would have to meet the $100,000 again. Commissioner Nystrom asked who did the testing for us. Mr. Hemphill stated that Mid-Kansas Cylinder Heads did that. Commissioner Nystrom asked if we have to ship the heads to them. Mr. Hemphill stated that they come and pick them up.
Mayor Taylor questioned if there were eighteen total heads. Mr. Howard stated that there are eighteen total and twelve of those are cracked. Commissioner Peltier asked if we were splitting this with Fairbanks Morse. Mr. Howard stated that the first ten are a 50/50 split and any left out of the other seven is a 75/25 split, but our insurance company would be bearing the difference. Mr. Howard added that we are going to be out the $100,000 deductible and the cost of doing the testing. Commissioner Peltier asked if Fairbanks Morse was taking half and we were taking half and then the insurance company would go after them. Mr. Howard commented that it depended on what their people find in their investigation. Mr. Howard stated that we could get reimbursed, but we were not yet sure that was what they were going to do.
Mr. Howard stated that even in the best case scenario, it was going to be awhile before we are up and running. Commissioner Nystrom questioned how many heads we have here manufactured from France. Mr. Howard stated that we do not have any here now, but if the Commission approves this agreement they would call tomorrow and have them ship ten. Mr. Howard commented that if we would happen to need four more, they would come from France, but the ten heads are in Beloit. Mayor Taylor asked Mr. Smith how many heads had been checked out. Mr. Smith stated that they have checked out twelve. Mr. Smith added that they have five heads off now and thought they were good, but two were cracked and have been added to the other ten cracked heads. Commissioner Nystrom questioned if these were visual cracks. Mr. Howard stated that they were. Mr. Hemphill commented that there were pictures of the cracked heads if the Commission would like to see them. Commissioner Nystrom stated that he would like to go see them.
Mr. Howard commented that the City has insisted that the new cylinder heads be from a different casting than the old heads so that we do not have this problem again. Commissioner Nystrom commented that most likely we were going to end up with eighteen cracked heads. Mr. Howard stated that we could. Commissioner Nystrom questioned if it would be six or eight months before we come on line again if eighteen of the heads were cracked. Mr. Hemphill stated that we will have seven heads off and will have them tested so that when the ten heads come in we could put those seven heads back on. Commissioner Nystrom asked what Fairbanks Morse would be doing for a warranty. Mr. Hemphill stated that they give a year warranty per head from the time that they are shipped to us. Commissioner Nystrom asked what happens to that warranty if we were not running for eight months. Mr. Howard commented that he thought the warranty started when we had it up to an acceptable operation. Mr. Howard stated that that should be reviewed. Mayor Taylor commented that it sounds like they understand how long it takes to do maintenance. Mr. Howard explained that it does take time and it would be impossible to be putting the heads in #7 if #6 was running. Mr. Howard stated that a better plan would be to wait until fall to call Fairbanks to do the change-over. Mayor Taylor questioned the three or four months that we have the heads before they are installed. Mr. Howard stated that if the warranty is as Mr. Hemphill stated, then we need to talk to Fairbanks Morse and have the warranty be when we are up and running. Mr. Hemphill clarified that the warranty states ‘that it is free from materials and defects, workmanship within twelve months after date of installation, but not exceeding eighteen months after date of shipment’. Mr. Howard stated that they were giving us six months to get them installed. Mr. Howard commented that we should be up by November or December unless something else happens and then we have a bigger problem than the warranty. Mr. Hemphill stated that at that period of time, the City does not have many outages that leave the City black for very long. Mr. Smith commented that Fairbanks Morse had given a warranty on #6 as hours on the engine, but they would not go that way this time around.
Mayor Taylor asked if we have any records that show which numbered heads have the worst record for both engines. Mayor Taylor added that we could run it for three or four hundred hours and see how they work before the warranty runs out. Mr. Smith commented that on #6 they had a 12,000 hour inspection and found six cracked heads and #7 is at 1100 hours. Mr. Howard commented that in the proposal from Fairbanks Morse, they want to have a link to the City so they can monitor the operation of that unit. Mr. Howard explained that they would be looking for the heat of each head and what is happening.inside the engine.
A motion by Commissioner Hlavachick to accept the letter of agreement from Fairbanks Morse to resolve the issues of cracked cylinder heads on unit #7. The motion was seconded by Commissioner Peltier and carried unanimously.
REPORTS:
H2O Committee:
City Manager Howard stated that he had put a letter of information in the Commission packet from the Sunflower H2O committee and that they would be on the next agenda. Mr. Howard commented that we had funded them $3,300 when they did the Phase One study that had to do with water problems down south. Mr. Howard stated that they had completed Phase One and would be coming in to present Phase Two at the next meeting.
Mr. Howard stated that he had visited with water superintendent Kelvin Clay on the City’s water usage and water rights on our wells and the City does not currently have a problem with a water shortage. Mr. Howard commented that they were proposing to fund that next phase and out of all the Cities involved, the City of Pratt would be affected the most. Mayor Taylor asked if Mr. Howard was in favor of continuing this. Mr. Howard stated that he had some concerns on whether we need to. Commissioner Nystrom questioned what they mean when they said they only had twenty-three systems attend. Mr. Howard stated that he was not sure, but that the ongoing cost would be a concern. Mr. Howard stated that turning something like this into a reality is questionable and we do not need water right now. Mr. Howard added that we do not know about fifty years from now. Mayor Taylor questioned at what point Hays or Russell began having problems or was it always a problem. Mayor Taylor added that they had problems thirty years ago, but what about before that. Commissioner Nystrom commented that they had spent a lot of money, then the rains came back and the problems were over. Police Chief Steve Holmes commented that Hays is on a water restriction this week.
Mayor Taylor stated that right now the City is alright on water rights, but he likes to see regional things where we are all working for a common cause. Mayor Taylor questioned if Medicine Lodge and some of the other communities were hurting. Mr. Howard stated that some of the communities down south do actually have problems with having enough water. Mr. Howard commented that right now, we do not have a problem, but we do not know about the future.
Mr. Howard stated that this was a long term project and if it gets developed, we cannot say that we would not need it in fifty years. Mr. Howard explained that as a City we should be thinking about it and that he was not necessarily against it. Mr. Howard stated the concern that he has is that in a project that goes out this far, you have to wonder if the project is going to last. Mr. Howard commented that the lack of attendance would speak to future issues with funding. Mr. Howard added that if communities are not interested in funding this round, the participation would drop off to even less. Mr. Howard stated that his fear is how much interest was there going to be in this five years down the road.
Commissioner Hlavachick asked about the City’s funding for Phase One. Mr. Howard stated that we did fund approximately $3,300. Mayor Taylor asked about the cost of Phase Two. Mr. Howard stated that it would be fifty cents ($.50) a meter per month for a three year period. Commissioner Nystrom commented that Pratt would be carrying the brunt of the funding. Mr. Howard agreed. Commissioner Nystrom commented that we do not know the ‘players’ in this, but the letter states that if you do not want to belong, then they would go on without you. Commissioner Nystrom commented that we could end up funding the whole project. Mayor Taylor commented that $1,500 per month for three years would add up to $54,000. Mr. Howard commented that out of all the communities involved, we need the water the least. Mayor Taylor stated that $50,000 of the $250,000 makes us paying for a fifth of the project.
Mr. Howard stated that it has been brought up that we could have problems with nitrates that take out wells, but that problem is treatable. Mayor Taylor commented that we need to decide as a community if we are being good stewards of our money by throwing our money down there to those who need it worse than we do.
Mayor Taylor commented that he would be absent at the next meeting and Commissioner Hlavachick mentioned that he would also be gone. Mr. Howard commented that he could put them off until the first meeting in July. Commissioner Hlavachick commented that the deadline was June 30th. Mayor Taylor commented that it would be good to have the whole Commission here when they make their presentation. Commissioner Nystrom commented that they could listen to them at the next meeting, but not take any action.
Commissioner Nystrom questioned how people were appointed to this committee. Mr. Howard stated that he was not sure, but knew they were not elected. Mr. Howard commented that County Commissioner Dwight Adams was the Pratt representative. Mayor Taylor questioned the cost of Phase One. Mr. Howard stated that he did not know that cost, but knew that it was a $1.00 per meter. Commissioner Nystrom asked what they wanted. Mr. Howard stated that the original idea was to build a lake down in Barber County near where the communities were having water problems. Mr. Howard added that he was more interested in the economic impact the lake could have for Pratt. Mr. Howard explained that they had looked at the lake for recreational purposes, but it turned out that you cannot talk about the recreational part and that you have to look at it as a water source. Commissioner Peltier questioned if they were asking us to put money into building this lake. Mr. Howard stated that the money would be for the study in Phase Two. Mr. Howard stated that the lake is out now and they are looking at doing something different. Commissioner Peltier commented that the recreational value was gone.
Commissioner Hlavachick commented that he would be interested in listening. Mayor Taylor commented that the next meeting would be short Commissioners, but that they had the authority to do what they wanted. Mr. Howard stated that he might be able to put them off and that Pratt is in the driver’s seat. Commissioner Graf commented that he felt that all the Commissioners should be at that meeting. Mr. Howard commented that he would talk to them.
Boy Scouts:
Mr. Howard reminded the Commission that the Boy Scouts would be in Lemon’s Park this weekend and it would be crowded. Mayor Taylor asked if the park would be closed. Mr. Howard stated that it would not be.
Nuisance properties:
City Attorney Ken Van Blaricum commented that one thing he had been working on were the nuisance properties around town. Mr. Van Blaricum stated that one individual, who has more than one nuisance property, had cleaned up a couple of his properties. Mr. Van Blaricum commented that he has one property left and he had filed a complaint on that property in Municipal Court. Mr. Van Blaricum stated that he had filed the complaint from different angles such as nuisance vehicles, nuisance in the yard and zoning issues.
Busy week-end:
Recreation Director Bruce Pinkall commented that they have a busy week-end ahead. Mr. Pinkall stated that there would be a tournament starting Saturday involving eighteen teams and possible more with the cancelation of a tournament in Hays. Mr. Pinkall commented that the teams would be from Great Bend, Garden City, Norwich, Hutchinson, Pratt, Wichita, Liberal, McPherson, Russell, Medicine Lodge and Hoisington. Mr. Pinkall commented that the teams were from the west and north as they were at the tournament a couple of weeks ago. Mr. Pinkall added that this was a girl’s softball tournament.
Mayor Taylor commented that with this being Miss Kansas week, motels may be hard to find. Mr. Pinkall stated they were aware of that.
Summer activities:
Mr. Pinkall stated that the summer activities were underway with baseball and softball starting this week and swimming lessons starting next week. Mr. Pinkall informed the Commission that 93.1 would be at the pool a few times this summer and they would be promoting Pratt.
Mr. Pinkall informed the Commission that they had hooked up with the Kansas City Royals and there would be a baseball clinic in June with some former Royals. Mr. Pinkall commented that the Commissioners would be receiving an invitation to attend their picnic.
Busy week:
Police Chief Steve Holmes informed the Commission that his department would have a busy week with the Boy Scouts in the park and the Miss Kansas parade on Saturday. City Manager Howard commented that there would be a car for the Mayor to ride in at the parade. Chief Holmes added that the parade starts at 10:00 a.m.
Chief Holmes added that the Police Department would have a vehicle for the kids to look at in the park on Tuesday evening during the social. Chief Holmes commented that the social would be moved to the Armory if the weather got bad.
Sales tax:
Finance Director Diana Garten commented that the sales tax for May had gone down by about $34,000. Ms. Garten stated that she had done some investigating into the detail and she had found that a couple of the primary sales tax people only had a half a month in the report. Ms. Garten commented that that was due to a timing cutoff as there had been in January. Ms. Garten explained that she had put down an estimated adjustment, but it still made us down from this time last year. Ms. Garten stated that we would see next month how this turns out. Mayor Taylor questioned if Ms. Garten thought it would be closer to the $19,000 than the $34, 000. Ms. Garten stated that she did and hoped for even less than that as she had been conservative on her adjustment.
Commissioner Peltier asked if the car dealers were down. Ms. Garten stated that they were down a little and all the retail were down. Ms. Garten commented that she hopes that the ball tournaments and the Miss Kansas pageant help us out. Ms. Garten stated that the snow storm was in that period along with the economy.
Ms. Garten pointed out that we were still up for the year by $24,000 so we were not hurting to badly yet.
Budget session:
Ms. Garten commented that the Commissioner’s needed to think about when they would like to have the budget session and that it was usually the second week of July. After little discussion, the dates for the budget session were tentatively set for July 13th & 14th and to start at 8:00 a.m.
Busy time for Mayor:
Mayor Taylor commented that he had been busy working for the City as Mayor. Mayor Taylor stated that he had been to the college on Sunday to greet the Miss Kansas contestants. Mayor Taylor commented that they were very attentive and the contestants were civic minded. Mayor Taylor mentioned that Pratt has had a state pageant in their City for the longest period of time in the United States.
Return to open agenda:
The owner of the house at 209 East 4th asked what the Commission was going to do about her water problem. Mayor Taylor commented that he did not know what the problem was. City Clerk Kramer informed the Commission that she had visited with the owner of the Flower Shoppe at church and told her that she would visit with water superintendent Kelvin Clay about the situation. The owner commented that she had no water pressure and had been told that a new main would have to go close to the beautiful trees in front of the Flower Shoppe and that could kill them.
Chief Holmes relayed the conversation to the home owner as she was having a hard time hearing the Commission and she was satisfied that Mr. Clay would look into the situation.
ADJOURN:
A motion by Commissioner Nystrom to adjourn. The motion was seconded by Commissioner Hlavachick and carried unanimously.
___________________________________
ERIC NYSTROM,Vice-Mayor
(SEAL)
ATTEST:
_______________________________
LUANN KRAMER, City Clerk
June 01, 2009
The Governing Body of the City of Pratt met in Regular session in the Commission Room located in City Hall.
PRESENT: Jeff Taylor Mayor
Eric Nystrom Commissioner
Bill Hlavachick Commissioner
Willy Peltier Commissioner
Victor Graf 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
Brad Blankenship Building Inspector Kelly Hemphill Dir. of Electric Utilities
Bruce Pinkall Recreation Director
CALL TO ORDER:
Mayor Taylor called the regular meeting to order. The Mayor instructed the Clerk to note that all Commissioners were present with the exception of Commissioner Peltier who was going to be late.
Mayor Taylor reminded the audience that the meeting may be taped and/or recorded.
MINUTES:
A motion by Commissioner Hlavachick to approve the minutes of the May 18, 2009 regular meeting. The motion was seconded by Commissioner Nystrom and carried unanimously.
OPEN AGENDA:
No one in the audience wished to address the Commission.
BUSINESS:
PRESENTATION OF THE 2008 CITY OF PRATT AUDIT:
Ms. Vicki Dreiling of Adams, Brown, Beran, & Ball Chtd. commented to the Commission that page one began with the independent auditor’s report and that the last paragraph states that ‘the financial statements referred to above present fairly, in all material respects, the cash and unencumbered cash balances of each fund of the City of Pratt, Kansas, as of December 31, 2008, and their respective cash receipts and disbursements, and budgetary results for the year then ended’.
Ms. Dreiling stated that the financial statements are presented on a statutory basis of accounting, which is different than general accepted accounting principles. Ms. Dreiling commented that it is okay to use the statutory basis of accounting since the City passes a resolution yearly allowing that type of accounting. (Commissioner Peltier arrived at 5:06 p.m.) Ms. Dreiling added that basically they are giving their unqualified opinion on the financial statements, which is the highest form of opinion that they can give on those statements.
Ms. Dreiling moved on to page two and three to discuss the summary of cash receipts, expenditures and unencumbered cash. Ms. Dreiling commented that the report lists out each fund, their beginning of unencumbered cash balances, cash receipts, expenditures, ending unencumbered cash balance, any outstanding accounts payable and the ending cash balance. Ms. Dreiling stated that the year began with $17.1 million in unencumbered cash and ended with $19,660,000, which was about a $2.5 million increase. Ms. Dreiling commented that the unencumbered cash balance is the actual cash balances less any outstanding payables at the end of the year. Ms. Dreiling stated that the City had approximately $922,000 encumbrances/accounts payable at the end of 2008. Ms. Dreiling stated that the overall cash balance was up $20,602,000 and that was up about $2.6 million from the prior year.
Ms. Dreiling commented that the City had several unusual receipts such as the Alltel lease at $60,000, forfeiture of funds at about $90,000, a proceed of an industrial bond of $182,000, FEMA funds and also a building permit for about $9,000. Ms. Dreiling stated that all of these plus the efficiencies of the City helped gain that $2.6 million in the overall cash value. Mayor Taylor questioned if sales tax was included in that. Ms. Dreiling stated that it was. Ms. Dreiling pointed out that the enterprise funds had all increased their cash balances and that means they are supporting their expenditures, which is something that you want to see.
Ms. Dreiling went to page four that contained the summary of expenditures, actual and budget, which compares the certified budget for each fund to the total expenditures. Ms. Dreiling commented that the City did not have any budget violations in 2008. Ms. Dreiling added that budget amendments helped with that and that there were no statute violations.
Ms. Dreiling pointed out that the next several page contained a more detailed explanation of cash receipts and disbursements.
Ms. Dreiling stated that page forty-one was the beginning of the foot notes on the financial statements for each fund. Ms. Dreiling commented that this would be where any statute violations or budget violations would be listed, but the City did not have any.
Ms. Dreiling directed the Commission to pages forty-nine thru fifty-one where there was a fairly lengthy schedule of bonds, leases and loan obligations. Ms. Dreiling explained that at the end of the year the total contractual indebtedness was $14,701,000 and that they had added compensated absences (accumulated sick leave, unused vacation, anything due an employee) of $109,000 to bring the total to $14,800,000.
Ms. Dreiling commented that the City paid a little over $645,000 in interest expense in 2008. Mayor Taylor questioned what we had paid interest on. Ms. Dreiling stated that the City would have paid interest on any bonds, leases or anything that had an outstanding balance. Mayor Taylor asked if the City had any leases. Finance Director Diana Garten commented that the fire truck was still under a lease agreement.
Ms. Dreiling discussed the loan balances schedule and explained that it is shown in five year increments to show what the City would be paying at maturity. Ms. Dreiling pointed out that the loan to the Ethanol Plant on page fifty had been forgiven since they were not going to be able to pay it back. City Manager Dave Howard reminded the Commission that the original agreement was half grant and half loan and they had decided to give it all as a grant since the City was borrowing on behalf of the Ethanol Plant.
Commissioner Nystrom questioned if the City was favorable on bond indebtedness. Ms. Dreiling commented that when doing an analysis on debt ratio, the City was well within the ratio as far as where we need to be. Ms. Dreiling explained that they not only looks at the current loan, but they also look at them in total. Mayor Taylor commented that a few years ago the City was close on electric and wastewater. Ms. Dreiling commented that if the City was having trouble making payments they would be concerned, but the City was in a good position with their cash flow.
Ms. Dreiling directed the Commission to the management letter and explained that the auditors not only look at financials, but they spend a good deal of time looking at policies and procedures and internal controls. Ms. Dreiling stated that last year there were thirty-two items on the management letter and this year there were only five or six. Ms. Dreiling added that management did a good job in addressing those items as not too many were repeated. Ms. Dreiling explained a few items such as Municipal Court is addressing a software issue, meter readers not reading their own meters, someone other than the utility clerk closing out the cash drawer, and deposits payable being reconciled. Ms. Dreiling also explained that a canceled encumbrance should not be posted back to reimbursed expenses, but added back to an unencumbered cash account. Ms. Dreiling added that it should not affect the financial statements of the current year. Mayor Taylor asked if we did not have a category for that. Ms. Garten stated that we did not have, but would.
Commissioner Hlavachick commented that Ms. Dreiling had done another great job. Commissioner Peltier commented that this is an indication that management is doing an excellent job. Mayor Taylor stated that it brings things to their attention and it was difficult to correct things that have been done the same way for several years. Mr. Howard commented that a new auditor is more efficient in finding things, as was apparent last year. Ms. Dreiling thanked the staff for their cooperation as they do take up a lot of their time. Mayor Taylor commented that the Commission hears good things about them also.
CONSIDERATION AND APPROVAL OF WIRE AND MATERIALS PURCHASE FOR SUBSTATION FEEDER:
Kelly Hemphill, Director of Electric Utilities, provided the Commission with images of the underground structure on Tenth Street and explained that that was how the energy comes from the power plant to the overhead lines. Mr. Hemphill commented that the structure had been built in 1964 and that there were posts bond to the poles in order to support them due to the original poles becoming unstable. Mr. Hemphill stated that the structure had been patched back together to make it work after the 2007 ice storm, but it was now time to replace the structure.
Mr. Hemphill stated that the old structure would be dug up and four new poles would be installed between Jackson Street and Iuka Street along with an already existing pole. Mr. Hemphill commented that that would become the new riser structure and explained how the proposed wire purchase would be installed. Mayor Taylor asked if the structure would be totally relocated and the old one torn down. Mr. Hemphill stated that was correct. Mr. Hemphill added that there was another benefit of that location due to the 12 470 substation in that if it was ever decided to abandon the 4160 and update the power lines to the 12 470, it would be capable of handling the higher voltage.
Mr. Hemphill informed the Commission that they had looked at structures in detail and had decided that this was the best and easiest to build with our crews and it allows them to put two feeders on a pole. Mr. Hemphill showed the Commission a picture of the underground riser in Lemon’s Park where the same 4160 had been put underground through the park. Mr. Hemphill added that this would eliminate some of the problems like we had in the 2007 ice storm.
Mr. Hemphill commented that the unique thing about the wire was the timing and that in February 2008 he had priced the wire at $116,622. Mr. Hemphill stated that they had tried to utilize the end of the year budget, but on the advice of the City Manager, they had waited. Mr. Hemphill commented that in April 2009, the price of the wire was $63,098, but the timing was not there. Mr. Hemphill stated that they now had everything in order and were asking to purchase the wire for $71,437.50. Mr. Hemphill added that all other materials for the project would be coming out of their materials budget, but spread out through 2008 and the wire purchase being in 2009. Mr. Hemphill commented that due to the FEMA projects, the work would probably begin in 2010.
Commissioner Peltier asked if they were going back to wooden poles or use metal. Mr. Hemphill stated that with the exception of the one existing wooden pole, the rest would be steel and they would have a fiberglass cross arm, which is highly resistant to weather. Mr. Hemphill commented that the one wooden pole would hold a riser on one circuit and the others would be on the steel poles. Mr. Hemphill explained that if there would be problem with the one riser on one circuit, they could easily combine that one circuit onto one of the three steel poles and be in good shape.
Mr. Howard commented that when they first started looking, the peak price of cooper was $114,000, so they continued to watch commodity prices that relate to the City. Mr. Howard added that you have to look at the inflation in prices, but also the fact that the US dollar is going down.
Commissioner Peltier questioned if City staff were going to do this project. Mr. Hemphill stated that we were. A motion by Commissioner Peltier to do this project with Stanion Wholesale Electric for $71,437.50 plus tax. The motion was seconded by Commissioner Hlavachick and carried unanimously. Commissioner Nystrom asked how long this bid was good for. Mr. Hemphill stated that it was good for thirty days.
CONSIDERATION AND APPROVAL OF THE APPOINTMENT OF KATHY HARVEY TO THE JUVENILE CORRECTIONAL ADVISORY BOARD:
City Manager Dave Howard informed the Commission that we had received a letter from the South Central Kansas Community Corrections Agency and they would like to get this board active again. Mr. Howard stated that they had recommended Ms. Kathy Harvey to serve a two year term on this board and that she was currently serving on the board and willing to do so again.
A motion by Commissioner Peltier to appoint Kathy Harvey to the Juvenile Correctional Advisory Board. The motion was seconded by Commissioner Hlavachick and carried unanimously.
CONSIDERATION AND APPROVAL OF BID FOR HOT & COLD WATER TOWER MAINTENANCE:
City Manager Howard stated that the requested maintenance work on the Hot & Cold water towers would be to remove the wooden jackets. Mr. Howard commented that they were coming apart and were a liability for anyone working in the flower beds underneath the water tower. Mr. Howard explained that Public Works Director Russ Rambat suggested that the jackets be removed, cut out the pipe and paint the towers. Mr. Howard explained that the bids were figured both by removing the jackets and painting the pipe or by removing the jackets and the pipe. Mr. Howard added that there could be some historical consideration in removing this from the towers.
Mayor Taylor commented that it made good sense to remove the jackets and the pipe so that we would not have to paint again and it would not take anything away from the Hot & Cold Water Tower. Commissioner Nystrom commented that it would make them look better. Commissioner Peltier questioned why we need to remove the pipe. Mr. Howard stated that it would be less to maintain and they would probably have to be removed sometime.
Mr. Howard commented that the low bid for removing the jackets and cleaning the pipe came from Cunningham Sandblasting & Painting for $9300 and $10,815 to remove the jackets and the pipe. Mr. Howard stated that the recommendation was for the $10,815 to remove both. Mayor Taylor commented that it was cheaper to remove the jackets and clean and paint the pipe, but you would have to paint the pipe again. Commissioner Peltier commented that that was a lot of money. Mayor Taylor stated that it was a lot of work to take the jackets off, cut the pipe off and plug the hole. Commissioner Nystrom commented that the major problem was the wood. Mr. Howard commented that neither one serves a purpose, but the pipe could be left and painted, but eventually the stand pipe would have to come out. Commissioner Peltier questioned if that would take more than a bucket truck and saw. Mr. Howard stated that the labor was not that high, but safety was an issue.
Commissioner Nystrom commented that he was in favor of taking out the pipe and jacket. Mayor Taylor suggested that when the towers got painted, have the pipes painted also. Mayor Taylor questioned how often the towers got painted. Mr. Howard commented that it was about every four or five years. Mayor Taylor commented that it would be cheaper to paint them than take them out and it would stay historical. Commissioner Nystrom commented that it is the unknown factor of what we have. Mayor Taylor suggested that the Commission approve the total amount and then let City staff decide whether to take the pipe out or not.
A motion by Commissioner Hlavachick to accept the contract from Cunningham Sandblasting & Painting Co., Inc. for $7,400 to remove the wooden frost jackets from both towers and $3,415 to remove the riser pipes, based on their condition and City staffs decision, for a total of $10,815. The motion was seconded by Commissioner Nystrom and carried unanimously. Mayor Taylor added that the pipes would be painted if they were in good condition.
CONSIDERATION AND APPROVAL OF ‘AMENDED’ AGREEMENT WITH THE HUMANE SOCIETY:
Mr. Ken Van Blaricum, City Attorney, reminded the Commission that they had approved a letter agreement with the Humane Society on March 29th, but they had had some questions and had not signed it yet. Mr. Van Blaricum stated that this agreement again provides the $1,000 monthly donation, the $6,000 allowance for utilities, allows the City to deliver strays, states that the Humane Society shall keep records of impoundment and requires the Humane Society to provide a monthly statement to the Chief of Police.
Mr. Van Blaricum commented that this agreement took effect on April 1, 2009 and that the independent contractor statement is included and that ensures that they are not our problem. Mayor Taylor questioned the concern from the County a couple of weeks ago. Mr. Van Blaricum commented that they were concerned about the statement in the animal ordinance that held them responsible for animal bites. Mr. Van Blaricum stated that would be corrected in the animal ordinance at a later time.
A motion by Commissioner Nystrom to approve the amended agreement with the Humane Society as printed. The motion was seconded by Commissioner Graf and carried unanimously.
CONSIDERATION AND APPROVAL OF THE LETTER OF AGREEMENT BETWEEN FAIRBANKS MORSE AND CITY OF PRATT:
Director of Electric Utilities Kelly Hemphill commented that the City had been working with Fairbanks Morse for about a year on the cracked heads issue. Mr. Hemphill stated that ten cylinder heads had been identified and the insurance company would pick up anything over $100,000; which is our deductible. Mr. Hemphill explained that Fairbanks Morse has ten cylinder heads in stock and they are ready to ship them to us. Mr. Hemphill commented that the power plant staff is currently investigating the remainder of the heads and they have found a couple of them that look cracked, but they would be doing more testing. Mr. Hemphill stated that the total current cost would be approximately $227,577 and that our cost would be the deductible of $100,000. Mr. Hemphill added that there would be more expense to this such as reconditioning. Mayor Taylor questioned how long it took to take one of the cylinder heads off. Mr. Ernie Smith, Power Plant Superintendent, stated that you could get one off in a day. City Manager Howard commented that they were doing better than that now. Mr. Smith commented that they did get two off today, but it depends on whether the head is between two heads or if the one next to it has already been removed.
Mr. Howard commented that the City has to pay for the testing, but it is worth doing. Mr. Howard stated that if the cylinder heads are not found under this deductible and we find them later, we would have to meet the $100,000 again. Commissioner Nystrom asked who did the testing for us. Mr. Hemphill stated that Mid-Kansas Cylinder Heads did that. Commissioner Nystrom asked if we have to ship the heads to them. Mr. Hemphill stated that they come and pick them up.
Mayor Taylor questioned if there were eighteen total heads. Mr. Howard stated that there are eighteen total and twelve of those are cracked. Commissioner Peltier asked if we were splitting this with Fairbanks Morse. Mr. Howard stated that the first ten are a 50/50 split and any left out of the other seven is a 75/25 split, but our insurance company would be bearing the difference. Mr. Howard added that we are going to be out the $100,000 deductible and the cost of doing the testing. Commissioner Peltier asked if Fairbanks Morse was taking half and we were taking half and then the insurance company would go after them. Mr. Howard commented that it depended on what their people find in their investigation. Mr. Howard stated that we could get reimbursed, but we were not yet sure that was what they were going to do.
Mr. Howard stated that even in the best case scenario, it was going to be awhile before we are up and running. Commissioner Nystrom questioned how many heads we have here manufactured from France. Mr. Howard stated that we do not have any here now, but if the Commission approves this agreement they would call tomorrow and have them ship ten. Mr. Howard commented that if we would happen to need four more, they would come from France, but the ten heads are in Beloit. Mayor Taylor asked Mr. Smith how many heads had been checked out. Mr. Smith stated that they have checked out twelve. Mr. Smith added that they have five heads off now and thought they were good, but two were cracked and have been added to the other ten cracked heads. Commissioner Nystrom questioned if these were visual cracks. Mr. Howard stated that they were. Mr. Hemphill commented that there were pictures of the cracked heads if the Commission would like to see them. Commissioner Nystrom stated that he would like to go see them.
Mr. Howard commented that the City has insisted that the new cylinder heads be from a different casting than the old heads so that we do not have this problem again. Commissioner Nystrom commented that most likely we were going to end up with eighteen cracked heads. Mr. Howard stated that we could. Commissioner Nystrom questioned if it would be six or eight months before we come on line again if eighteen of the heads were cracked. Mr. Hemphill stated that we will have seven heads off and will have them tested so that when the ten heads come in we could put those seven heads back on. Commissioner Nystrom asked what Fairbanks Morse would be doing for a warranty. Mr. Hemphill stated that they give a year warranty per head from the time that they are shipped to us. Commissioner Nystrom asked what happens to that warranty if we were not running for eight months. Mr. Howard commented that he thought the warranty started when we had it up to an acceptable operation. Mr. Howard stated that that should be reviewed. Mayor Taylor commented that it sounds like they understand how long it takes to do maintenance. Mr. Howard explained that it does take time and it would be impossible to be putting the heads in #7 if #6 was running. Mr. Howard stated that a better plan would be to wait until fall to call Fairbanks to do the change-over. Mayor Taylor questioned the three or four months that we have the heads before they are installed. Mr. Howard stated that if the warranty is as Mr. Hemphill stated, then we need to talk to Fairbanks Morse and have the warranty be when we are up and running. Mr. Hemphill clarified that the warranty states ‘that it is free from materials and defects, workmanship within twelve months after date of installation, but not exceeding eighteen months after date of shipment’. Mr. Howard stated that they were giving us six months to get them installed. Mr. Howard commented that we should be up by November or December unless something else happens and then we have a bigger problem than the warranty. Mr. Hemphill stated that at that period of time, the City does not have many outages that leave the City black for very long. Mr. Smith commented that Fairbanks Morse had given a warranty on #6 as hours on the engine, but they would not go that way this time around.
Mayor Taylor asked if we have any records that show which numbered heads have the worst record for both engines. Mayor Taylor added that we could run it for three or four hundred hours and see how they work before the warranty runs out. Mr. Smith commented that on #6 they had a 12,000 hour inspection and found six cracked heads and #7 is at 1100 hours. Mr. Howard commented that in the proposal from Fairbanks Morse, they want to have a link to the City so they can monitor the operation of that unit. Mr. Howard explained that they would be looking for the heat of each head and what is happening.inside the engine.
A motion by Commissioner Hlavachick to accept the letter of agreement from Fairbanks Morse to resolve the issues of cracked cylinder heads on unit #7. The motion was seconded by Commissioner Peltier and carried unanimously.
REPORTS:
H2O Committee:
City Manager Howard stated that he had put a letter of information in the Commission packet from the Sunflower H2O committee and that they would be on the next agenda. Mr. Howard commented that we had funded them $3,300 when they did the Phase One study that had to do with water problems down south. Mr. Howard stated that they had completed Phase One and would be coming in to present Phase Two at the next meeting.
Mr. Howard stated that he had visited with water superintendent Kelvin Clay on the City’s water usage and water rights on our wells and the City does not currently have a problem with a water shortage. Mr. Howard commented that they were proposing to fund that next phase and out of all the Cities involved, the City of Pratt would be affected the most. Mayor Taylor asked if Mr. Howard was in favor of continuing this. Mr. Howard stated that he had some concerns on whether we need to. Commissioner Nystrom questioned what they mean when they said they only had twenty-three systems attend. Mr. Howard stated that he was not sure, but that the ongoing cost would be a concern. Mr. Howard stated that turning something like this into a reality is questionable and we do not need water right now. Mr. Howard added that we do not know about fifty years from now. Mayor Taylor questioned at what point Hays or Russell began having problems or was it always a problem. Mayor Taylor added that they had problems thirty years ago, but what about before that. Commissioner Nystrom commented that they had spent a lot of money, then the rains came back and the problems were over. Police Chief Steve Holmes commented that Hays is on a water restriction this week.
Mayor Taylor stated that right now the City is alright on water rights, but he likes to see regional things where we are all working for a common cause. Mayor Taylor questioned if Medicine Lodge and some of the other communities were hurting. Mr. Howard stated that some of the communities down south do actually have problems with having enough water. Mr. Howard commented that right now, we do not have a problem, but we do not know about the future.
Mr. Howard stated that this was a long term project and if it gets developed, we cannot say that we would not need it in fifty years. Mr. Howard explained that as a City we should be thinking about it and that he was not necessarily against it. Mr. Howard stated the concern that he has is that in a project that goes out this far, you have to wonder if the project is going to last. Mr. Howard commented that the lack of attendance would speak to future issues with funding. Mr. Howard added that if communities are not interested in funding this round, the participation would drop off to even less. Mr. Howard stated that his fear is how much interest was there going to be in this five years down the road.
Commissioner Hlavachick asked about the City’s funding for Phase One. Mr. Howard stated that we did fund approximately $3,300. Mayor Taylor asked about the cost of Phase Two. Mr. Howard stated that it would be fifty cents ($.50) a meter per month for a three year period. Commissioner Nystrom commented that Pratt would be carrying the brunt of the funding. Mr. Howard agreed. Commissioner Nystrom commented that we do not know the ‘players’ in this, but the letter states that if you do not want to belong, then they would go on without you. Commissioner Nystrom commented that we could end up funding the whole project. Mayor Taylor commented that $1,500 per month for three years would add up to $54,000. Mr. Howard commented that out of all the communities involved, we need the water the least. Mayor Taylor stated that $50,000 of the $250,000 makes us paying for a fifth of the project.
Mr. Howard stated that it has been brought up that we could have problems with nitrates that take out wells, but that problem is treatable. Mayor Taylor commented that we need to decide as a community if we are being good stewards of our money by throwing our money down there to those who need it worse than we do.
Mayor Taylor commented that he would be absent at the next meeting and Commissioner Hlavachick mentioned that he would also be gone. Mr. Howard commented that he could put them off until the first meeting in July. Commissioner Hlavachick commented that the deadline was June 30th. Mayor Taylor commented that it would be good to have the whole Commission here when they make their presentation. Commissioner Nystrom commented that they could listen to them at the next meeting, but not take any action.
Commissioner Nystrom questioned how people were appointed to this committee. Mr. Howard stated that he was not sure, but knew they were not elected. Mr. Howard commented that County Commissioner Dwight Adams was the Pratt representative. Mayor Taylor questioned the cost of Phase One. Mr. Howard stated that he did not know that cost, but knew that it was a $1.00 per meter. Commissioner Nystrom asked what they wanted. Mr. Howard stated that the original idea was to build a lake down in Barber County near where the communities were having water problems. Mr. Howard added that he was more interested in the economic impact the lake could have for Pratt. Mr. Howard explained that they had looked at the lake for recreational purposes, but it turned out that you cannot talk about the recreational part and that you have to look at it as a water source. Commissioner Peltier questioned if they were asking us to put money into building this lake. Mr. Howard stated that the money would be for the study in Phase Two. Mr. Howard stated that the lake is out now and they are looking at doing something different. Commissioner Peltier commented that the recreational value was gone.
Commissioner Hlavachick commented that he would be interested in listening. Mayor Taylor commented that the next meeting would be short Commissioners, but that they had the authority to do what they wanted. Mr. Howard stated that he might be able to put them off and that Pratt is in the driver’s seat. Commissioner Graf commented that he felt that all the Commissioners should be at that meeting. Mr. Howard commented that he would talk to them.
Boy Scouts:
Mr. Howard reminded the Commission that the Boy Scouts would be in Lemon’s Park this weekend and it would be crowded. Mayor Taylor asked if the park would be closed. Mr. Howard stated that it would not be.
Nuisance properties:
City Attorney Ken Van Blaricum commented that one thing he had been working on were the nuisance properties around town. Mr. Van Blaricum stated that one individual, who has more than one nuisance property, had cleaned up a couple of his properties. Mr. Van Blaricum commented that he has one property left and he had filed a complaint on that property in Municipal Court. Mr. Van Blaricum stated that he had filed the complaint from different angles such as nuisance vehicles, nuisance in the yard and zoning issues.
Busy week-end:
Recreation Director Bruce Pinkall commented that they have a busy week-end ahead. Mr. Pinkall stated that there would be a tournament starting Saturday involving eighteen teams and possible more with the cancelation of a tournament in Hays. Mr. Pinkall commented that the teams would be from Great Bend, Garden City, Norwich, Hutchinson, Pratt, Wichita, Liberal, McPherson, Russell, Medicine Lodge and Hoisington. Mr. Pinkall commented that the teams were from the west and north as they were at the tournament a couple of weeks ago. Mr. Pinkall added that this was a girl’s softball tournament.
Mayor Taylor commented that with this being Miss Kansas week, motels may be hard to find. Mr. Pinkall stated they were aware of that.
Summer activities:
Mr. Pinkall stated that the summer activities were underway with baseball and softball starting this week and swimming lessons starting next week. Mr. Pinkall informed the Commission that 93.1 would be at the pool a few times this summer and they would be promoting Pratt.
Mr. Pinkall informed the Commission that they had hooked up with the Kansas City Royals and there would be a baseball clinic in June with some former Royals. Mr. Pinkall commented that the Commissioners would be receiving an invitation to attend their picnic.
Busy week:
Police Chief Steve Holmes informed the Commission that his department would have a busy week with the Boy Scouts in the park and the Miss Kansas parade on Saturday. City Manager Howard commented that there would be a car for the Mayor to ride in at the parade. Chief Holmes added that the parade starts at 10:00 a.m.
Chief Holmes added that the Police Department would have a vehicle for the kids to look at in the park on Tuesday evening during the social. Chief Holmes commented that the social would be moved to the Armory if the weather got bad.
Sales tax:
Finance Director Diana Garten commented that the sales tax for May had gone down by about $34,000. Ms. Garten stated that she had done some investigating into the detail and she had found that a couple of the primary sales tax people only had a half a month in the report. Ms. Garten commented that that was due to a timing cutoff as there had been in January. Ms. Garten explained that she had put down an estimated adjustment, but it still made us down from this time last year. Ms. Garten stated that we would see next month how this turns out. Mayor Taylor questioned if Ms. Garten thought it would be closer to the $19,000 than the $34, 000. Ms. Garten stated that she did and hoped for even less than that as she had been conservative on her adjustment.
Commissioner Peltier asked if the car dealers were down. Ms. Garten stated that they were down a little and all the retail were down. Ms. Garten commented that she hopes that the ball tournaments and the Miss Kansas pageant help us out. Ms. Garten stated that the snow storm was in that period along with the economy.
Ms. Garten pointed out that we were still up for the year by $24,000 so we were not hurting to badly yet.
Budget session:
Ms. Garten commented that the Commissioner’s needed to think about when they would like to have the budget session and that it was usually the second week of July. After little discussion, the dates for the budget session were tentatively set for July 13th & 14th and to start at 8:00 a.m.
Busy time for Mayor:
Mayor Taylor commented that he had been busy working for the City as Mayor. Mayor Taylor stated that he had been to the college on Sunday to greet the Miss Kansas contestants. Mayor Taylor commented that they were very attentive and the contestants were civic minded. Mayor Taylor mentioned that Pratt has had a state pageant in their City for the longest period of time in the United States.
Return to open agenda:
The owner of the house at 209 East 4th asked what the Commission was going to do about her water problem. Mayor Taylor commented that he did not know what the problem was. City Clerk Kramer informed the Commission that she had visited with the owner of the Flower Shoppe at church and told her that she would visit with water superintendent Kelvin Clay about the situation. The owner commented that she had no water pressure and had been told that a new main would have to go close to the beautiful trees in front of the Flower Shoppe and that could kill them.
Chief Holmes relayed the conversation to the home owner as she was having a hard time hearing the Commission and she was satisfied that Mr. Clay would look into the situation.
ADJOURN:
A motion by Commissioner Nystrom to adjourn. The motion was seconded by Commissioner Hlavachick and carried unanimously.
___________________________________
ERIC NYSTROM,Vice-Mayor
(SEAL)
ATTEST:
_______________________________
LUANN KRAMER, City Clerk
Friday, June 12, 2009
June 15, 2009 City Commission Agenda
MONDAY
JUNE 15, 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 – June 01, 2009 Regular Commission Meeting
4. OPEN AGENDA
5. BUSINESS:
5.1 Consideration and Approval of Request from the Pratt Public Library for 3 mill in 2010 – Rochelle Westerhaus, Public Library Board Secretary
5.2 Consideration and Approval of Low Bid for the New Fire Station Construction – Brad Blankenship, Building Inspector; David Kramer, Fire Chief
5.3 Consideration and Approval of Resolution Authorizing the Offering for Sale of GO Refunding Bonds – Diana Garten, Finance Director (RESOLUTION 061509)
5.4 Consideration and Approval of Ordinance Regarding Breath Testing Fee – Ken Van Blaricum, City Attorney (ORDINANCE 0906)
5.5 Consideration and Approval of Ordinance Regarding Blood Testing Costs – Ken Van Blaricum, City Attorney (ORDINANCE 0907)
6. REPORTS:
6.1 City Manager
6.2 City Attorney
6.3 Department Heads
6.4 Mayor
6.5 City Commission
7. ADJOURN.
JUNE 15, 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 – June 01, 2009 Regular Commission Meeting
4. OPEN AGENDA
5. BUSINESS:
5.1 Consideration and Approval of Request from the Pratt Public Library for 3 mill in 2010 – Rochelle Westerhaus, Public Library Board Secretary
5.2 Consideration and Approval of Low Bid for the New Fire Station Construction – Brad Blankenship, Building Inspector; David Kramer, Fire Chief
5.3 Consideration and Approval of Resolution Authorizing the Offering for Sale of GO Refunding Bonds – Diana Garten, Finance Director (RESOLUTION 061509)
5.4 Consideration and Approval of Ordinance Regarding Breath Testing Fee – Ken Van Blaricum, City Attorney (ORDINANCE 0906)
5.5 Consideration and Approval of Ordinance Regarding Blood Testing Costs – Ken Van Blaricum, City Attorney (ORDINANCE 0907)
6. REPORTS:
6.1 City Manager
6.2 City Attorney
6.3 Department Heads
6.4 Mayor
6.5 City Commission
7. ADJOURN.
Friday, June 5, 2009
05/18/09 Approved City Commission Minutes
MONDAY
May 18, 2009
The Governing Body of the City of Pratt met in Regular session in the Commission Room located in City Hall.
PRESENT: Jeff Taylor Mayor
Eric Nystrom Commissioner
Bill Hlavachick Commissioner
Victor Graf 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 Taylor called the regular meeting to order. The Mayor instructed the Clerk to note that all Commissioners were present with the exception of Commissioner Peltier.
Mayor Taylor reminded the audience that the meeting may be taped and/or recorded.
MINUTES:
A motion by Commissioner Hlavachick to approve the minutes of the May 04, 2009 regular meeting with the County Commission and the May 04, 2009 regular meeting. The motion was seconded by Commissioner Nystrom and carried unanimously.
OPEN AGENDA:
• American Legion request
Members of the American Legion, Larry Melson and Joe Marraccino, addressed the Commission about their financial problems due to the no smoking ban. Mr. Melson stated that they had lost patrons due to the no smoking ban and would have to close the American Legion by July if things were not changed. Mr. Melson and Mr. Marraccino commented that the American Legion does a lot for the community, the service men and women, the veterans, and toys for tots. Mr. Marriccino stated that it would be a big loss to the community and he would like to see if they could get some type of exemption. Mr. Marriccino stated that the American Legion was more than a private club and that they were mandated by the government on who they could have as members.
Mr. Melson and Mr. Marracinno stated that Mulvane American Legion had had the same problem, but they could smoke in the canteen and not in the eating area. Mayor Taylor questioned if we do not have the same type of arrangement here. Commissioner Nystrom commented that there was an exemption time after 10:30 p.m. and asked City Attorney Ken Van Blaricum to verify that was correct. Mr. Van Blaricum stated that you have to have a designated smoking area. Mayor Taylor questioned if this was from May 2009 to January 2010. Mr. Van Blaricum commented that the designated area continues under state law until January 4th, but you can have a smoking area outside. Commissioner Nystrom commented that he was familiar with the American Legion and questioned why they would not make the lower level their smoking area and they could have it that way twenty four hours a day. Mr. Melson commented that he was not aware that was an option. Commissioner Nystrom added that there is a different cooling and heating system, so the upstairs could be an eating area. Mr. Van Blaricum clarified that after January 4th, there was no smoking inside. Commissioner Nystrom questioned if that was up until 10:30 p.m. Mr. Van Blaricum stated that after January, there is no smoking indoors allowed. Mayor Taylor explained to the American Legion members that the City did not want to isolate an area and have a business construct a smoking area to then have the State come up with a no smoking indoors law.
Mr. Marriccino stated that this helps for the time being, but just postpones the inevitable. Mr. Marraccino commented that they are a non-profit organization and all their funds are donated except what they use for operating costs. Commissioner Nystrom commented that currently they do not have to do anything. Mr. Marraccino stated that as of January 4th, they would have the same scenario. Mr. Marraccino explained that these patrons gave the ultimate and now they want to be with their brothers and sisters and it is the only thing some of them have left. Mr. Melson commented that all of the Legion members present were non-smokers but one. Commissioner Nystrom commented that he appreciated what they were saying, but no one showed up at the earlier Commission meetings when this was being discussed. The Legion members stated that they did not know that it was being discussed. Commissioner Hlavachick stated that it was in the paper and Commissioner Nystrom added that it was also on the news.
A Legion member asked the Commission where they go from here. Commissioner Graf suggested that they get a petition up and get signatures of registered voters. Commissioner Graf explained that they should visit with County Clerk Sherry Kruse to see what they have to do and go from there. Mayor Taylor questioned where they would be going. Commissioner Graf answered that we would see what people are involved. Mayor Taylor commented that there is more support for the smoking ban, but the Commission could look into amending the current Ordinance. Mr. Marraccino commented that he wished they had known about the earlier meetings. Mr. Melson commented that they had no idea that it was going to have such an impact. Commissioner Hlavachick questioned if they had lost about half of their business. Mr. Marracinno stated that they had.
Mr. Marracinno commented that the Legion was strictly a private club. Commissioner Nystrom commented that they should allow smoking in the lower level until the Commission works through this. Mayor Taylor commented that we are never sure what effect something is going to have until you do it. Mr. Van Blaricum commented that they were in the same boat as Woody’s, the Elk’s and the Club D’Est until January 4th. Mr. Melson stated that they were different than them, because anybody could join the Elk’s.
Mayor Taylor stated that he appreciated everything that the Legion does and asked that they give the Commission time to hash the whole thing out. A Legion member in the audience commented that they did not think that they were considered a public place and that this would not apply to them, so they did not come to the meetings. Mayor Taylor explained that no one should ever feel they cannot show up and that the Commission appreciates the people who come out. Mayor Taylor added that this is the closest you can get to law makers and that the Commissioners live in the same community and can be reached in person or by phone anytime.
BUSINESS:
CONSIDERATION AND APPROVAL OF APPOINTMENTS TO THE PRATT LIBRARY BOARD:
A motion by Commissioner Hlavachick to approve Pam Krehbiel and Judy Koehler to an additional four year term on the Library Board and to have Chris Himmelwright fill the vacancy left by Deian Taochanov. The motion was seconded by Commissioner Graf and carried unanimously.
CONSIDERATION AND APPROVAL OF BID FOR 2009 CURB, SIDEWALK AND ADA RAMPS PROJECT:
Public Works Director Russ Rambat stated that it was time to do the annual curb project and that this was funded by the ¼ cent sales tax. Mr. Rambat commented that he had sent out eleven requests and three had been returned. Mr. Rambat explained that Smiley Concrete had bid $179,872, Flatworks Specialists had bid $161,238.10 and B & H Builders had submitted a bid for $159,336.
Mr. Rambat stated that the target areas were repairing broken up curbs, sidewalk ramps which ADA encourages Cities to add, and repairing sidewalks that trees and age have destroyed. Mr. Rambat commented that the low bid of $159,336 was from B & H Builders out of Kingman. Mr. Rambat stated that there was one local bid, but even with the 5% they did not come in under B & H Builders. Mayor Taylor questioned if there was a ceiling on the 5% since it could add up to quite a bit of money. Mayor Taylor commented that we might want to look at setting a limit sometime.
Mr. Rambat showed the Commission the areas to have work done on power point. Mr. Rambat commented that he was trying to work on the downtown core area and that as long as he had the ¼ cent sales tax, he would use it. Commissioner Graf asked about South Pine and the tracks. Mr. Rambat stated that we would go up to the tracks and would see if the railroad would upgrade what was underneath. Mayor Taylor suggested that sometime we look at a sidewalk on Stout Street to help get the kids to school and also a sidewalk going towards Wal-Mart and McDonalds. Mayor Taylor commented that there was already a path there and that there was sidewalk up to the Dragon’s Den and we need to go on. Mayor Taylor stated that we could look at doing a block every year and we would see more walk towards Wal-Mart if there was a sidewalk available. Mr. Rambat stated that he would put that on his list.
A motion by Commissioner Hlavachick to accept the bid from B & H Builders for the 2009 Curb, Sidewalk, and ADA Ramps project not to exceed $159,336. The motion was seconded by Commissioner Graf and carried unanimously.
REVIEW OF DOCUMENTS REGARDING THE REFUNDING OF THE 1998 AND 2001 GO BONDS AND 2002 WATER REVENUE BOND:
Finance Director Diana Garten explained to the Commission that the City has the opportunity to refund and refinance the 1998 and 2001 GO Bonds and the 2002 Water Revenue Bond and in doing this, the City would save about $135,000. Ms. Garten added that this would also give us a little more flexibility on the Water Revenue Bond in the future. Ms. Garten stated that this was a good time and a good opportunity to do it. City Manager Dave Howard commented that this was $135,000 over nine years and they would still be paid off in nine years. Mr. Howard stated that it would be various amounts every year. Ms. Garten commented that is was about an average of $14,500 per year.
Ms. Garten explained the summary of what the City would be doing and that it would be refunding those three issues for about $3,442,000. Ms. Garten commented that was an interest principal savings of 4% and that it is worth doing if it is 2% or above. Commissioner Nystrom asked what we getting on savings. Ms. Garten commented that it was 2% and that the last one was 1.85%, so we were not getting much.
Mr. Howard commented that one of the values in switching to GO bonds is that the prearranged loan for the downtown water main project can be paid out of the general fund and not the water fund. Mr. Howard stated that this could prevent an increase in water rates due to the flexibility of using the general fund if something unexpected were to come up. Commissioner Hlavachick commented that this was a good size savings.
CONSIDERATION AND APPROVAL OF RESOLUTION REGARDING THE REFUNDING OF BONDS:
Ms. Garten explained that this resolution gives permission to move the water revenue bonds to the GO bonds. Mayor Taylor clarified that the water bond would be going over to the GO portion. Ms. Garten stated that was correct. A motion by Commissioner Nystrom to approve Resolution 051809 declaring it advisable to issue GO bonds for our water utility system for the City of Pratt, Kansas. The motion was seconded by Commissioner Graf and carried unanimously.
REPORTS:
Humane Society garage sale:
City Manager Dave Howard reminded the Commission that the Humane Society would be using the old J.C. Food’s building for their garage sale and that they had found more tables to use and would be storing them there until the week-end of Miss Kansas.
First tournament:
Mr. Howard reported that Recreation Director Bruce Pinkall has stated that the tournament last week-end was very successful and that there were a lot of gate and concession receipts. Mr. Howard commented that Mr. Pinkall would give a more detailed report at the next meeting.
Humane Society contract:
City Attorney Ken Van Blaricum reminded the Commission that on March 16th they had authorized a new agreement with the Humane Society and that he had presented that agreement to Mr. Mike Hill. Mr. Van Blaricum commented that Mr. Hill was a very careful guy and it had taken him a long time to get back to him, but that Mr. Hill had found a glitch in the contract. Mr. Van Blaricum stated that they are more than pleased with the utility situation, but that Section 4 under ‘Terms’ states ‘City shall pick up, transport and deliver to Humane Society all stray or ownerless animals within the City and animals otherwise in violation of City Ordinance’ and they had picked up on that and read the animal ordinance. Mr. Van Blaricum commented that Section 22 of the animal ordinance states that ‘Any law enforcement officer or local health officer may take up, upon private or public property, any animal which has bitten or scratched a person or other animal…’ and that the County Health Officer had picked up on that language and he did not like that idea. Mr. Van Blaricum explained that the County Health Officer had taken this to the County Commission and they did not like the idea of their County Health Officer being responsible for animals that have bitten someone and that they would like for us to change that provision in the ordinance, which would then allow the Humane Society to sign the agreement. Mayor Taylor questioned what we would do with such an animal. Mr. Van Blaricum commented that they would handle those animals in their own way. City Manager Howard asked how they can pick up an animal for biting another animal. Police Chief Steve Holmes stated that they can if there are no current vaccinations and that the County had changed the regulations from impounding both animals to just the biter. Mr. Van Blaricum commented that the message was that the County does not want to mess with these animals. Chief Holmes stated that the County Health Officer has never picked up one of these animals.
Mayor Taylor questioned where the County enters into this. Mr. Van Blaricum stated that it was the Health Officer who had the problem. Chief Holmes stated that we quarantine the dog with no vaccinations, cite the owner and then a bill for the quarantine is given to the City Attorney and he asks the court for restitution. Chief Holmes commented that then the Humane Society recoups their funds for the quarantined animal and Mr. Hill has been happy with that.
Commissioner Nystrom asked what the reason was again that Mr. Hill would not sign the contract. Mr. Van Blaricum read the statement in the contract again. Mayor Taylor commented that the key word was ‘may’. Commissioner Nystrom asked why Mr. Hill was not willing to sign the contract due to the language. Mr. Van Blaricum commented that he had received pressure from the County. Mayor Taylor commented that it would be nice to have someone from the County here.
Mr. Van Blaricum commented that he had just wanted to bring this to the Commission’s attention that the Humane Society was willing to sign the contract, but the County was unhappy about, what he thought was a very minor issue. Mayor Taylor stated that he would follow Mr. Van Blaricum’s recommendations. Mr. Van Blaricum commented that he would bring the Ordinance back after revisions were made and then the Humane Society would be willing to sign the contract.
Commissioner Nystrom questioned the Humane Society’s obligation to the utility services. Mr. Van Blaricum commented that he would make it retroactive to the date of the contract and that should take care of it.
Pool update:
Public Works Director Russ Rambat commented that the pool was ready and that the slide was working. Mr. Rambat added that the pool would open on Memorial week-end.
Street Dept.:
Mr. Rambat commented that the street department had been busy painting and prepping the downtown for Miss Kansas and Memorial Day.
Mr. Rambat stated that he appreciated the approval of the curb and sidewalk bid and that he would put those tax dollars to work as soon as possible.
Engine running:
Power Plant Superintendent Ernie Smith informed the Commission that KMEA had called today and we were running the engine now. Mr. Smith explained that that was called ‘load shaving’, which puts restraints on us and we cannot get power in. Mr. Smith commented that this had started about 2:00 p.m. and was still running. Mayor Taylor questioned which engine was running. Mr. Smith stated that it was #6.
Comments from Chief Holmes:
Police Chief Steve Holmes stated that on behalf of Captain Meyers, he wanted to thank everyone who had attended the ‘Law Enforcement Day’ activities and thanked Mayor Taylor for being a part of that.
Chief Holmes commented that he had attended the Valor Awards in Topeka and reminded the Commission that Officer Bill Coontz, who had worked for us several years ago and been involved in a shooting, had received his second gold medal for being involved in another shooting. Chief Holmes explained that Officer Coontz had received his first gold medal for the shooting downtown years ago and after he had left Pratt he became a reserve officer and had saved a truck driver’s life; therefore, received a silver award.
Mayor Taylor stated that he appreciated Captain Meyers putting the activities together. Chief Holmes commented that Rev. Fleener had gotten with Captain Meyers and they had worked together. Chief Holmes added that Captain Meyers had done an excellent job. Commissioner Hlavachick commented that more people would come if this becomes an annual event. Chief Holmes commented that attendance was appreciated by all the officers.
Mayor Taylor commented that when you get pulled over for a traffic violation, they are doing it for our benefit and that they are protecting us from others and ourselves. Mayor Taylor added that it is a thankless job sometimes.
Bucket truck update:
Commissioner Graf questioned Director of Electric Utilities Kelly Hemphill about getting the lower cost on the bucket truck. Mr. Hemphill stated that they had gotten the truck for $1,000 less. Mr. Hemphill commented that the difference was between a 2009 and 2010 and that the 2009 had been spoken for, but the company had found another 2009, so they reduced the price.
Agenda:
Commissioner Graf thanked the Pratt Tribune for putting the agenda in the paper. Commissioner Graf questioned if the agenda could be put on the City’s website. City Clerk Kramer commented that it was on there, but was a little confusing to find. Ms. Kramer stated that you go to government, departments, city clerk and then agenda, etc.
ADJOURN:
A motion by Commissioner Nystrom to adjourn. The motion was seconded by Commissioner Hlavachick and carried unanimously.
______________________________________
JEFF TAYLOR, Mayor
(SEAL)
ATTEST:
_____________________________________
LUANN KRAMER, City Clerk
May 18, 2009
The Governing Body of the City of Pratt met in Regular session in the Commission Room located in City Hall.
PRESENT: Jeff Taylor Mayor
Eric Nystrom Commissioner
Bill Hlavachick Commissioner
Victor Graf 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 Taylor called the regular meeting to order. The Mayor instructed the Clerk to note that all Commissioners were present with the exception of Commissioner Peltier.
Mayor Taylor reminded the audience that the meeting may be taped and/or recorded.
MINUTES:
A motion by Commissioner Hlavachick to approve the minutes of the May 04, 2009 regular meeting with the County Commission and the May 04, 2009 regular meeting. The motion was seconded by Commissioner Nystrom and carried unanimously.
OPEN AGENDA:
• American Legion request
Members of the American Legion, Larry Melson and Joe Marraccino, addressed the Commission about their financial problems due to the no smoking ban. Mr. Melson stated that they had lost patrons due to the no smoking ban and would have to close the American Legion by July if things were not changed. Mr. Melson and Mr. Marraccino commented that the American Legion does a lot for the community, the service men and women, the veterans, and toys for tots. Mr. Marriccino stated that it would be a big loss to the community and he would like to see if they could get some type of exemption. Mr. Marriccino stated that the American Legion was more than a private club and that they were mandated by the government on who they could have as members.
Mr. Melson and Mr. Marracinno stated that Mulvane American Legion had had the same problem, but they could smoke in the canteen and not in the eating area. Mayor Taylor questioned if we do not have the same type of arrangement here. Commissioner Nystrom commented that there was an exemption time after 10:30 p.m. and asked City Attorney Ken Van Blaricum to verify that was correct. Mr. Van Blaricum stated that you have to have a designated smoking area. Mayor Taylor questioned if this was from May 2009 to January 2010. Mr. Van Blaricum commented that the designated area continues under state law until January 4th, but you can have a smoking area outside. Commissioner Nystrom commented that he was familiar with the American Legion and questioned why they would not make the lower level their smoking area and they could have it that way twenty four hours a day. Mr. Melson commented that he was not aware that was an option. Commissioner Nystrom added that there is a different cooling and heating system, so the upstairs could be an eating area. Mr. Van Blaricum clarified that after January 4th, there was no smoking inside. Commissioner Nystrom questioned if that was up until 10:30 p.m. Mr. Van Blaricum stated that after January, there is no smoking indoors allowed. Mayor Taylor explained to the American Legion members that the City did not want to isolate an area and have a business construct a smoking area to then have the State come up with a no smoking indoors law.
Mr. Marriccino stated that this helps for the time being, but just postpones the inevitable. Mr. Marraccino commented that they are a non-profit organization and all their funds are donated except what they use for operating costs. Commissioner Nystrom commented that currently they do not have to do anything. Mr. Marraccino stated that as of January 4th, they would have the same scenario. Mr. Marraccino explained that these patrons gave the ultimate and now they want to be with their brothers and sisters and it is the only thing some of them have left. Mr. Melson commented that all of the Legion members present were non-smokers but one. Commissioner Nystrom commented that he appreciated what they were saying, but no one showed up at the earlier Commission meetings when this was being discussed. The Legion members stated that they did not know that it was being discussed. Commissioner Hlavachick stated that it was in the paper and Commissioner Nystrom added that it was also on the news.
A Legion member asked the Commission where they go from here. Commissioner Graf suggested that they get a petition up and get signatures of registered voters. Commissioner Graf explained that they should visit with County Clerk Sherry Kruse to see what they have to do and go from there. Mayor Taylor questioned where they would be going. Commissioner Graf answered that we would see what people are involved. Mayor Taylor commented that there is more support for the smoking ban, but the Commission could look into amending the current Ordinance. Mr. Marraccino commented that he wished they had known about the earlier meetings. Mr. Melson commented that they had no idea that it was going to have such an impact. Commissioner Hlavachick questioned if they had lost about half of their business. Mr. Marracinno stated that they had.
Mr. Marracinno commented that the Legion was strictly a private club. Commissioner Nystrom commented that they should allow smoking in the lower level until the Commission works through this. Mayor Taylor commented that we are never sure what effect something is going to have until you do it. Mr. Van Blaricum commented that they were in the same boat as Woody’s, the Elk’s and the Club D’Est until January 4th. Mr. Melson stated that they were different than them, because anybody could join the Elk’s.
Mayor Taylor stated that he appreciated everything that the Legion does and asked that they give the Commission time to hash the whole thing out. A Legion member in the audience commented that they did not think that they were considered a public place and that this would not apply to them, so they did not come to the meetings. Mayor Taylor explained that no one should ever feel they cannot show up and that the Commission appreciates the people who come out. Mayor Taylor added that this is the closest you can get to law makers and that the Commissioners live in the same community and can be reached in person or by phone anytime.
BUSINESS:
CONSIDERATION AND APPROVAL OF APPOINTMENTS TO THE PRATT LIBRARY BOARD:
A motion by Commissioner Hlavachick to approve Pam Krehbiel and Judy Koehler to an additional four year term on the Library Board and to have Chris Himmelwright fill the vacancy left by Deian Taochanov. The motion was seconded by Commissioner Graf and carried unanimously.
CONSIDERATION AND APPROVAL OF BID FOR 2009 CURB, SIDEWALK AND ADA RAMPS PROJECT:
Public Works Director Russ Rambat stated that it was time to do the annual curb project and that this was funded by the ¼ cent sales tax. Mr. Rambat commented that he had sent out eleven requests and three had been returned. Mr. Rambat explained that Smiley Concrete had bid $179,872, Flatworks Specialists had bid $161,238.10 and B & H Builders had submitted a bid for $159,336.
Mr. Rambat stated that the target areas were repairing broken up curbs, sidewalk ramps which ADA encourages Cities to add, and repairing sidewalks that trees and age have destroyed. Mr. Rambat commented that the low bid of $159,336 was from B & H Builders out of Kingman. Mr. Rambat stated that there was one local bid, but even with the 5% they did not come in under B & H Builders. Mayor Taylor questioned if there was a ceiling on the 5% since it could add up to quite a bit of money. Mayor Taylor commented that we might want to look at setting a limit sometime.
Mr. Rambat showed the Commission the areas to have work done on power point. Mr. Rambat commented that he was trying to work on the downtown core area and that as long as he had the ¼ cent sales tax, he would use it. Commissioner Graf asked about South Pine and the tracks. Mr. Rambat stated that we would go up to the tracks and would see if the railroad would upgrade what was underneath. Mayor Taylor suggested that sometime we look at a sidewalk on Stout Street to help get the kids to school and also a sidewalk going towards Wal-Mart and McDonalds. Mayor Taylor commented that there was already a path there and that there was sidewalk up to the Dragon’s Den and we need to go on. Mayor Taylor stated that we could look at doing a block every year and we would see more walk towards Wal-Mart if there was a sidewalk available. Mr. Rambat stated that he would put that on his list.
A motion by Commissioner Hlavachick to accept the bid from B & H Builders for the 2009 Curb, Sidewalk, and ADA Ramps project not to exceed $159,336. The motion was seconded by Commissioner Graf and carried unanimously.
REVIEW OF DOCUMENTS REGARDING THE REFUNDING OF THE 1998 AND 2001 GO BONDS AND 2002 WATER REVENUE BOND:
Finance Director Diana Garten explained to the Commission that the City has the opportunity to refund and refinance the 1998 and 2001 GO Bonds and the 2002 Water Revenue Bond and in doing this, the City would save about $135,000. Ms. Garten added that this would also give us a little more flexibility on the Water Revenue Bond in the future. Ms. Garten stated that this was a good time and a good opportunity to do it. City Manager Dave Howard commented that this was $135,000 over nine years and they would still be paid off in nine years. Mr. Howard stated that it would be various amounts every year. Ms. Garten commented that is was about an average of $14,500 per year.
Ms. Garten explained the summary of what the City would be doing and that it would be refunding those three issues for about $3,442,000. Ms. Garten commented that was an interest principal savings of 4% and that it is worth doing if it is 2% or above. Commissioner Nystrom asked what we getting on savings. Ms. Garten commented that it was 2% and that the last one was 1.85%, so we were not getting much.
Mr. Howard commented that one of the values in switching to GO bonds is that the prearranged loan for the downtown water main project can be paid out of the general fund and not the water fund. Mr. Howard stated that this could prevent an increase in water rates due to the flexibility of using the general fund if something unexpected were to come up. Commissioner Hlavachick commented that this was a good size savings.
CONSIDERATION AND APPROVAL OF RESOLUTION REGARDING THE REFUNDING OF BONDS:
Ms. Garten explained that this resolution gives permission to move the water revenue bonds to the GO bonds. Mayor Taylor clarified that the water bond would be going over to the GO portion. Ms. Garten stated that was correct. A motion by Commissioner Nystrom to approve Resolution 051809 declaring it advisable to issue GO bonds for our water utility system for the City of Pratt, Kansas. The motion was seconded by Commissioner Graf and carried unanimously.
REPORTS:
Humane Society garage sale:
City Manager Dave Howard reminded the Commission that the Humane Society would be using the old J.C. Food’s building for their garage sale and that they had found more tables to use and would be storing them there until the week-end of Miss Kansas.
First tournament:
Mr. Howard reported that Recreation Director Bruce Pinkall has stated that the tournament last week-end was very successful and that there were a lot of gate and concession receipts. Mr. Howard commented that Mr. Pinkall would give a more detailed report at the next meeting.
Humane Society contract:
City Attorney Ken Van Blaricum reminded the Commission that on March 16th they had authorized a new agreement with the Humane Society and that he had presented that agreement to Mr. Mike Hill. Mr. Van Blaricum commented that Mr. Hill was a very careful guy and it had taken him a long time to get back to him, but that Mr. Hill had found a glitch in the contract. Mr. Van Blaricum stated that they are more than pleased with the utility situation, but that Section 4 under ‘Terms’ states ‘City shall pick up, transport and deliver to Humane Society all stray or ownerless animals within the City and animals otherwise in violation of City Ordinance’ and they had picked up on that and read the animal ordinance. Mr. Van Blaricum commented that Section 22 of the animal ordinance states that ‘Any law enforcement officer or local health officer may take up, upon private or public property, any animal which has bitten or scratched a person or other animal…’ and that the County Health Officer had picked up on that language and he did not like that idea. Mr. Van Blaricum explained that the County Health Officer had taken this to the County Commission and they did not like the idea of their County Health Officer being responsible for animals that have bitten someone and that they would like for us to change that provision in the ordinance, which would then allow the Humane Society to sign the agreement. Mayor Taylor questioned what we would do with such an animal. Mr. Van Blaricum commented that they would handle those animals in their own way. City Manager Howard asked how they can pick up an animal for biting another animal. Police Chief Steve Holmes stated that they can if there are no current vaccinations and that the County had changed the regulations from impounding both animals to just the biter. Mr. Van Blaricum commented that the message was that the County does not want to mess with these animals. Chief Holmes stated that the County Health Officer has never picked up one of these animals.
Mayor Taylor questioned where the County enters into this. Mr. Van Blaricum stated that it was the Health Officer who had the problem. Chief Holmes stated that we quarantine the dog with no vaccinations, cite the owner and then a bill for the quarantine is given to the City Attorney and he asks the court for restitution. Chief Holmes commented that then the Humane Society recoups their funds for the quarantined animal and Mr. Hill has been happy with that.
Commissioner Nystrom asked what the reason was again that Mr. Hill would not sign the contract. Mr. Van Blaricum read the statement in the contract again. Mayor Taylor commented that the key word was ‘may’. Commissioner Nystrom asked why Mr. Hill was not willing to sign the contract due to the language. Mr. Van Blaricum commented that he had received pressure from the County. Mayor Taylor commented that it would be nice to have someone from the County here.
Mr. Van Blaricum commented that he had just wanted to bring this to the Commission’s attention that the Humane Society was willing to sign the contract, but the County was unhappy about, what he thought was a very minor issue. Mayor Taylor stated that he would follow Mr. Van Blaricum’s recommendations. Mr. Van Blaricum commented that he would bring the Ordinance back after revisions were made and then the Humane Society would be willing to sign the contract.
Commissioner Nystrom questioned the Humane Society’s obligation to the utility services. Mr. Van Blaricum commented that he would make it retroactive to the date of the contract and that should take care of it.
Pool update:
Public Works Director Russ Rambat commented that the pool was ready and that the slide was working. Mr. Rambat added that the pool would open on Memorial week-end.
Street Dept.:
Mr. Rambat commented that the street department had been busy painting and prepping the downtown for Miss Kansas and Memorial Day.
Mr. Rambat stated that he appreciated the approval of the curb and sidewalk bid and that he would put those tax dollars to work as soon as possible.
Engine running:
Power Plant Superintendent Ernie Smith informed the Commission that KMEA had called today and we were running the engine now. Mr. Smith explained that that was called ‘load shaving’, which puts restraints on us and we cannot get power in. Mr. Smith commented that this had started about 2:00 p.m. and was still running. Mayor Taylor questioned which engine was running. Mr. Smith stated that it was #6.
Comments from Chief Holmes:
Police Chief Steve Holmes stated that on behalf of Captain Meyers, he wanted to thank everyone who had attended the ‘Law Enforcement Day’ activities and thanked Mayor Taylor for being a part of that.
Chief Holmes commented that he had attended the Valor Awards in Topeka and reminded the Commission that Officer Bill Coontz, who had worked for us several years ago and been involved in a shooting, had received his second gold medal for being involved in another shooting. Chief Holmes explained that Officer Coontz had received his first gold medal for the shooting downtown years ago and after he had left Pratt he became a reserve officer and had saved a truck driver’s life; therefore, received a silver award.
Mayor Taylor stated that he appreciated Captain Meyers putting the activities together. Chief Holmes commented that Rev. Fleener had gotten with Captain Meyers and they had worked together. Chief Holmes added that Captain Meyers had done an excellent job. Commissioner Hlavachick commented that more people would come if this becomes an annual event. Chief Holmes commented that attendance was appreciated by all the officers.
Mayor Taylor commented that when you get pulled over for a traffic violation, they are doing it for our benefit and that they are protecting us from others and ourselves. Mayor Taylor added that it is a thankless job sometimes.
Bucket truck update:
Commissioner Graf questioned Director of Electric Utilities Kelly Hemphill about getting the lower cost on the bucket truck. Mr. Hemphill stated that they had gotten the truck for $1,000 less. Mr. Hemphill commented that the difference was between a 2009 and 2010 and that the 2009 had been spoken for, but the company had found another 2009, so they reduced the price.
Agenda:
Commissioner Graf thanked the Pratt Tribune for putting the agenda in the paper. Commissioner Graf questioned if the agenda could be put on the City’s website. City Clerk Kramer commented that it was on there, but was a little confusing to find. Ms. Kramer stated that you go to government, departments, city clerk and then agenda, etc.
ADJOURN:
A motion by Commissioner Nystrom to adjourn. The motion was seconded by Commissioner Hlavachick and carried unanimously.
______________________________________
JEFF TAYLOR, Mayor
(SEAL)
ATTEST:
_____________________________________
LUANN KRAMER, City Clerk
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