06/06/2011-Approved City Commission Meeting Minutes

MONDAY

JUNE 06, 2011

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

PRESENT: Bill Hlavachick Vice-Mayor
Victor Graf Commissioner
Gary Skaggs Commissioner
Karen Detwiler Commissioner

ALSO PRESENT: Dave Howard City Manager
LuAnn Kramer City Clerk
Ken Van Blaricum City Attorney
Diana Garten Finance Director
Gary Myers ‘Acting’ Chief of Police
Russell Rambat Public Works Director
Brad Blankenship Building Inspector
Kelly Hemphill Dir. of Electric Utilities
Bruce Pinkall Recreation Director

CALL TO ORDER:

The regular meeting was called to order by Vice-Mayor Hlavachick. The Vice-Mayor instructed the Clerk to note that all Commissioners were present with the exception of Mayor Taylor.

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

MINUTES:

Commissioner Detwiler commented that there was a correction to the minutes of the May 16th meeting. Commissioner Detwiler stated that on the last page, the article referenced did have how many miles, but she did not have the article in front of her and did say that it was over 200 miles and it was actually 270. Commissioner Detwiler also stated that the statement by City Manager Howard concerning taking up the asphalt to see if the sub-grade needs to be repaired and she did not believe he said that. Mr. Howard commented that he said you can look at the asphalt and tell if the sub-grade has failed. (Clerk checked the audio tape and Mr. Howard stated that ‘When you take up the asphalt you can see if the sub-grade needs repaired, which is part of the project to do that repair.’)

Commissioner Detwiler made a motion to accept the minutes with changes. The motion was seconded by Commissioner Graf and carried unanimously.

OPEN AGENDA:

• Comments from Mr. Luca Matei:

Country Club Apartments owner Luca Matei addressed the Commission and stated that politicians were the only people who can advance in their position without complications. Mr. Matei commented that others have to go to school for training. Mr. Matei commented that local government makes the laws and justice forces the laws on us, but some in society do not see the reality. Mr. Matei stated that the local government sees the reality and takes whatever measures they can to survive.

Mr. Matei stated that the problem he sees is the lazy, irresponsible, uneducated new generation. Mr. Matei discussed the situation of generations of single mothers, which were the worst of the worst. Mr. Matei commented that if you do not enforce the requirements, it destroys us. Mr. Matei commented that we have two destruction forces and one is that the government is ignorant and irresponsible and makes laws for us to take care of them and to take care of these people. Mr. Matei stated that fifty years ago, these same people, mentally retarded people, were not allowed to have kids. Mr. Matei added that now there are kids of the kids and we have to pay.

Mr. Matei stated that he wants to be here and this is a big problem that we face today. Mr. Matei commented that we have a government that tells us what to do, but they are on autopilot and going in one direction. Mr. Matei added that they lie to us. Commissioner Skaggs interrupted Mr. Matei and asked what level of government he was talking about and if it pertained to the City Commission. Mr. Matei commented that he was talking about how we deal with people who are ignorant and mentally sick, which cause trouble and he had called the sheriff and they could do nothing. Vice-Mayor Hlavachick commented that they probably cannot do anything. Vice-Mayor Hlavachick added that Mr. Matei was addressing social issues that we do not address and that we have no control over. Mr. Matei commented that maybe somebody could think to do something.

BUSINESS:

CONSIDERATION AND APPROVAL OF 3 MIL FOR THE PRATT PUBLIC LIBRARY 2012 BUDGET:

Ms. Rochelle Westerhaus, Library Board Secretary, stated that she was requesting three mil for their 2012 budget as they had in the past. Ms. Westerhaus commented that she had provided the Commission with a revised budget where they had removed one column, but the bottom line was the same.

Ms. Westerhaus commented that they had hired a part-time bookkeeper, which was a large change in the accounting along with hiring a janitor. Ms. Westerhaus pointed out that the comparison of the profit and loss from 2010 to 2011 showed a 28% loss in interest. Ms. Westerhaus explained that in 2010 there was a 36% loss in interest in their endowment and over three years there was an average of a 24% loss. Ms. Westerhaus commented that she would like the Commission to keep in mind that the interest rates had gone down and it was hard for them to meet their part of the budget. Ms. Westerhaus stated that they wanted to keep their level of service as high as it had been in the past, but there was going to be a time when some very hard decision may have to be made based on their lack of interest income. Vice-Mayor Hlavachick questioned if that was why they were no longer open on Saturday afternoons. Ms. Westerhaus stated that was correct.

Commissioner Skaggs questioned why they do not charge for their meeting room. Ms. Westerhaus commented that there had been 164 meetings in 2010 and times vary by group. Ms. Westerhaus added that it can be from one hour to the group that uses the auditorium for six hours every Friday. Commissioner Skaggs commented that the housekeeping budget increased from $9,000 to $12,000 and part of that time would have to be to clean the meeting room. Commissioner Skaggs added that he thought they would be entitled to a nominal fee of $10 or so. Ms. Westerhaus commented that they would not like to have to charge, but it may come to that. Ms. Westerhaus added that a lot of groups do not have large dues and this was important to them. Vice-Mayor Hlavachick questioned if the board wanted it to remain the same. Ms. Westerhaus stated that was correct. Commissioner Skaggs commented that he was sure the board had looked at this closely.

A motion by Commissioner Skaggs to continue the 3 mil levy as requested in the past for the upcoming year. The motion was seconded by Commissioner Graf and carried unanimously.

CONSIDERATION ON REQUEST FROM USD 382 FOR FUNDING OF ROAD TO NEW SOUTHWEST SCHOOL ADDITION:

Dr. Glen Davis, USD 382 Superintendent, addressed the Commission concerning a street improvement on Washington Street. Dr. Davis commented that the improvement would be prior to entering the Southwest School property, which would be an entry for buses and facility to use to get to a parking lot on the north side of the school. Dr. Davis explained that the street now has a crown in it that comes up to the property line and their engineers had done surveys on the water drainage in that area. Dr. Davis added that they were going to come up from a square flat surface that is tilted to the south up to a crowned street on the City side. Dr. Davis stated that a quote from their contractor for the 55’ on Washington Street came in at $17,000.00 and Public Works Director Russell Rambat also got a quote from a local contractor.

Dr. Davis stated that their concern was that the City make some improvements to the last 55’ in order to make the transition onto their property so they would not be faced with water issues or a hump in the road. Vice-Mayor Hlavachick commented that he drove down there and questioned if they wanted the street to turn in or be straight in. Dr. Davis stated that, when you leave the dead-end on Washington Street, it would curve into the parking lot. Dr. Davis pointed out the area on a map. City Manager Dave Howard commented that that area of Washington Street had always had standing water in the past, but no one used it, so it had not been an issue.

Commissioner Skaggs commented that we would want to take the lowest bid and asked if we had gotten more than one bid. Mr. Rambat stated that they had not and that B & H Builders was handy at the time since they had bid on the curb and gutter project and we tend to lean that way for jobs that come up during the summer. Mr. Rambat added that we can go through a formal bidding process and he thought it would be in our best interest for tonight’s discussion to have another quote available so we could look at all the options.

Commissioner Detwiler questioned if they could extend their approved street that joins on Washington Street and go to a gravel road that would run into the bus barn. Commissioner Detwiler explained that in talking about an entrance and exit, they could entrance the driveway on New Street, drop off the kids and go to the bus barn that is on the west side of the road. Dr. Davis commented that they could, but it would not be good for facility. Commissioner Detwiler asked if it was going to be a one way drive. Dr. Davis stated that there was a lot of congestion and the board wanted to relieve that, so they planned on angle parking in front of the building. Dr. Davis added that that would also be used for the parent drop off and pointed out on the map where the facility would park and the buses would come in and pick-up.

Commissioner Skaggs commented that this looked like the solution. Commissioner Detwiler questioned what the need was to tear out the current curb and gutter that goes to the property. Dr. Davis stated that the issue was standing water and that the City had to come in and trench it to get it to move across the property. Dr. Davis added that it was a problem now and would become a bigger problem with the traffic. City Manager Howard commented that the plan was to shed the water from the east all the way to the southwest side of Washington Street and it would drain from that point to the southwest. Mr. Howard explained that you would have to cut from the curb to the ditch, but, with the crown in the middle of the road, there would be water on the east side of that property. Mr. Howard explained that the crown would be on the eastern curb and our issue was that we do not know how much water was going to pool long that person’s property, which was their driveway. Mr. Rambat added that it was very flat in that area and we do have an interest in correcting the drainage there. Mr. Rambat explained that it is a couple of City blocks that drain to that point from Fifth Street south. Mr. Rambat stated that, at that point, the school would take the water on their side of the project and flume it into some existing drainage and continue to take it south. Commissioner Skaggs asked if the water would drain into the nature area. Mr. Rambat stated that was correct. Mr. Howard commented that standing water had always been a problem, but no one utilized that area. Mr. Rambat commented that the street department would come in periodically and tip it back to the west and we were going to take that tip and move it to the north, making it permanent in the street. Commissioner Detwiler questioned if it was only the 55’. Mr. Rambat stated that was correct.

Vice-Mayor Hlavachick questioned if the local quote included the curb and gutter. Mr. Rambat stated that it was the base work, curb and gutter and 6” reinforcement concrete for the street. Mr. Rambat added that that would stop at the property line and the school would take it from there. Mr. Howard explained that the estimate from the local contractor came from them bidding on the next agenda item and he had extended the same pricing on this bid. Mr. Rambat added that the contractor had also done a lot of the footing work at the school and was familiar with the project. Vice-Mayor Hlavachick questioned if we were shooting ourselves in the foot with one quote and it being over $10,000. Mr. Rambat commented that we could get others. Vice-Mayor Hlavachick commented that it was a good quote, but he did not want other contractors coming in later with a complaint. Mr. Howard stated that the school was pressed for time and this estimate was to help us make a decision on whether we were going to help them or not. City Attorney Ken Van Blaricum stated that he thought it would be wise to go out for bids. Commissioner Skaggs questioned if they could make a motion to allow the lowest bid. Mr. Van Blaricum commented that we could, but we do not always take the lowest bid and he suggested waiting. Vice-Mayor Hlavachick asked if the school could wait two weeks. Dr. Davis stated that they were going to build up to Washington Street, so the other was up to the City. Mr. Howard stated that we were agreeing to take care of the problem. The Commissioners were in agreement.

CONSIDERATION AND APPROVAL OF 2011 CURB, SIDEWALK REPLACEMENT PROJECT BIDS:

Public Works Director Russell Rambat commented that he had sent out the usual bids for the 2011 curb project. Mr. Rambat stated that APAC-Kansas had bid $120,635.55; B & H Builders bid was for $91,954 and Flatwork Specialist turned in a bid of $102,263.96. Mr. Rambat explained the areas included in the project and commented that he had tried to stay away from the downtown area. Mr. Rambat commented that he had spent about $140,000 last year and he had cut back since his funding sources had been reduced and he needs to spend a little more money on sealing later this year.

Mr. Rambat recommended to the Commission that they accept the low bid of $91,954 from B & H Builders. Mr. Rambat added that they were the winner last year and had done good work. A motion by Commissioner Graf to accept B & H Builders for $91,954. The motion was seconded by Commissioner Skaggs and carried unanimously.

CONSIDERATION AND APPROVAL OF PLAYGROUND EQUIPMENT FOR GEBHART PARK:

Recreation Director Bruce Pinkall commented that the Parks Advisory Board had met with Park Superintendent Mark Eckhoff at their last meeting to discuss the installation of new playground equipment at Gebhart Park. Mr. Pinkall stated that the board talked about it and they felt that the equipment presented to the Commission this evening addressed the age issue. Commissioner Graf stated that it was a lot better deal and was great for all ages. Commissioner Skaggs questioned if this was a budgeted item. Finance Director Diana Garten explained that it was budgeted in 2010 and did not get done due to time and not enough money, but the funds of $15,000 were encumbered and the remainder was budgeted for this year.

Commissioner Detwiler questioned if we had considered using tourism funds and explained that Zerger Park was on the highway and Gebhart Park was only a block off of the highway and both get a lot of tourist activity. Ms. Garten commented that it would qualify, but another option would be the alcohol tax since a third of that was required to be used for parks and recreation. Ms. Garten added that we had not used any of those funds for several years and that was where this project was targeted, but that that could be changed. Commissioner Detwiler asked if it could be split between the two. Ms. Garten stated that could be done also. Vice-Mayor Hlavachick commented that he had a hard time with the concept of using the bed tax for economic development and would like to see us use the alcohol tax since it was required. Commissioner Skaggs commented that he did agree with Commissioner Detwiler in that travelers do use parks and that they may not use Gebhart Park as much as Zerger Park. Commissioner Detwiler commented that they have a duplex there and it was used a lot.

A motion by Commissioner Detwiler to approve the playground equipment for Gebhart Park as presented, paying for it by using half from the alcohol tax and half from the bed tax. The motion was seconded by Commissioner Graf and carried unanimously.

Mr. Pinkall stated that the board was excited about being involved. Vice-Mayor Hlavachick commented that they put in a lot of work and he would tell them personally.

CONSIDERATION AND APPROVAL OF QUOTE FOR TRANSFORMERS FOR STOCK:

Director of Electric Utilities Kelly Hemphill informed the Commission that they had sent out three bids for transformers for stock and received three back. Mr. Hemphill stated that Stanion Wholesale Electric had bid $35,131.38, Kriz-Davis Co. bid $41,332.01 and Solomon Electric had bid $45,856.42 and all the lead times were close to the same. Mr. Hemphill commented that the distribution group recommended Stanion Wholesale Electric due to the lower cost.

Commissioner Graf commented that he was glad that Stanion’s got the bid and that he had mentioned at the last meeting that he would like for Commissioners to be notified of bid openings so they could be there if they wanted and he had not been notified. Commissioner Graf pointed out that the bids read that they were due and to be opened on May 31st, but were stamped June 1st. Commissioner Graf questioned if we had not followed the procedure we put out. City Manager Howard commented that the curb and gutter bids were opened after the last Commission meeting, which Mr. Rambat had not been at. Mr. Howard explained that due to the 8:00 a.m. meeting with Clean Line Energy, they were halfway through opening them before he (Mr. Howard) had gotten there; therefore, he had not had time to visit with Mr. Rambat. Mr. Howard commented that he was not sure what happened on this bid and that technically they should be opened on the day they are to be turned in, but the important point here was that they were received before the time they were due at 3:00 p.m. Mr. Howard stated that the time was stated so that on bigger bids, contractors and/or vendors could come to the bid openings.

Commissioner Skaggs questioned if we stamp something on the envelope with the date and time we received it. Mr. Howard stated that we do not stamp the envelope. Commissioner Detwiler commented that the State of Kansas had a stamp in the mail room that had a time clock and all bids were run through that when they arrive and bids were opened publically and in front of the Commission. Commissioner Detwiler stated that she felt it would be nice if the Commissioners were notified and she agreed that the envelopes should be stamped when they were received. Mr. Howard explained that the bid openings would be in the agenda packets for the Commission’s information if the bid was within the next two weeks. Commissioner Detwiler commented that there had been a faxed bid in an older packet. Mr. Howard stated that faxes can be accepted for proposals, but not bids. Commissioner Graf commented that, on the bids for the water project in the last packet, the boring bid came in as a fax and after the date and time and we took the one that was faxed. Mr. Howard commented that we should not have accepted it if we were doing the actual bid. Mr. Howard stated that he would research that and it would not happen again.

After little more discussion, Commissioner Skaggs made a motion to accept the low bid of $35,131.38 from Stanion Electric for stock transformers for the distribution department. The motion was seconded by Commissioner Graf and carried unanimously.

Vice-Mayor Hlavachick questioned if the bid procedure required they be opened by the Commission. Mr. Howard answered that it was not required in our form of government. Mr. Howard added that the Commissioners would be notified either by information in their packets or e-mail.

DISCUSSION ON ‘OPERATE GENERATION FOR SPP OPERATIONAL PERFORMANCE TEST & LOAD TAP CHANGER INSPECTION’:

Director of Electric Utilities Kelly Hemphill commented that they would be doing an operation performance test per the agreement with Mid-Kansas Electric Cooperative, which governs how we are interconnected. Mr. Hemphill commented that we have to start up the 14 mega steam unit and inspect the transformer while at it. Mr. Hemphill explained that they would also look at the low tap changer and would be able to understand if we were going to be in good shape for the summer.

Mr. Howard commented that we cannot check the tap changer if we are buying generation and we are required yearly to fire the steam engine up to load and verify to them that we can operate. Vice-Mayor Hlavachick commented that this was not anything that we had not done before. Mr. Howard agreed and added that we had been testing every year for the last couple of years. Mr. Howard stated that, in the event that there was something that needed repaired, which there were no indications of that, they would not close the transformer back up, but would overnight parts and keep it running.

OPEN AGENDA #2:

No one in the audience wished to address the Commission.

REPORTS:

City Manager:

• Downtown started:

City Manager Howard commented that they had started downtown and they were removing the bricks and tearing up the concrete base. Mr. Howard added that there have been little things come up, but we were tweaking as we go along.

Mr. Howard commented that the Leadership class was looking to do a project with the bricks and they were open to anything. Commissioner Detwiler commented that there were a lot of bricks and questioned if we were going to use some to fix other streets. Mr. Howard stated that there was a demand for them and we were allowing people to get them at the west landfill. Mr. Howard added that we would be keeping a considerable number for repairs. Public Works Director Rambat commented that we have some already and that there were two sizes between Jackson Street and Main Street, but they were cleaned and ready to go. Mr. Rambat stated that the first phase of bricks were fair game. Mr. Howard commented that there had been a lot of bricks taken out of there, but you would not know it.

Commissioner Skaggs questioned if the cross walks would be brick. Mr. Howard stated that they were going to be done in pavers. Mr. Rambat added that the pavers were more square and redder, but give the look of a paved crosswalk. Vice-Mayor Hlavachick commented that Kingman had done theirs with pavers and they were nice looking.

• Bypass update:

Mr. Howard commented that the Government had awarded the Department of Transportation the funds to continue the bypass, which would come towards Pratt and would be short of where our bypass takes off and should start in 2013.

City Attorney:

• Bind weed:

City Attorney Van Blaricum commented that we had discussed what our options were concerning bind weed on private property and the owner not controlling it. Mr. Van Blaricum stated that K.S.A. 2-1318 stated that the County weed supervisor is directed to ascertain each year the approximate amount of land and highways infested with each kind of noxious weed and its location in the County and that includes the City. Mr. Van Blaricum stated that the City could set up their own fund and tax levy for noxious weed and part of the problem with bind weed was having the money available to take care of it.

Mr. Van Blaricum commented that K.S.A. 2-1319 states that if the weed is on public property, the expense is to be paid for by the public subdivision and all other private owners should pay the cost. Mr. Van Blaricum stated that the City could purchase chemical materials from the County Commissioners in the amount not more than 50% to 75% more and to be used on privately owned property. Mr. Van Blaricum added that the problem he sees with that is that it puts the County in competition with hardware stores, so they do not sell it in small quantities.

Mr. Van Blaricum stated that Mr. Dean Staab agreed to send a letter to anyone in the City and ask them to treat it, but the County does not have the resources to back it up. Mr. Van Blaricum commented that some deal with it and treat it the same way the City or County would. Mr. Van Blaricum explained that if the City had to treat the problem, it was a multi-year project and was expensive. Mr. Van Blaricum stated that the City could set up their own mil levy for noxious weeds, but that would require a raise in taxes to get aggressive. Finance Director Garten stated that we have a noxious weeds fund that is used to control weeds on public property.

Mr. Rambat commented that Park Superintendent Mark Eckhoff had been working on this in obvious areas, but it gets into gray areas if we drop it in someone else’s yard. Commissioner Skaggs commented that it destroys good grass so, at a minimum, we should take care of our own. Mr. Rambat commented that it was being addressed. Commissioner Skaggs questioned if the staff from parks was enough to take care of bind weed. Mr. Rambat stated that it was a multi-stage treatment and there were other things to do, but Mr. Eckhoff knows that it is a detriment. Mr. Rambat added that street department employee, Mr. Eddie Gould, takes care of some it.

Commissioner Skaggs questioned if we have a license. Mr. Rambat stated that, as a government agency, we can get around that where a common person cannot. Vice-Mayor Hlavachick commented that he felt that the City had done a good job of keeping it confined. Commissioner Skaggs commented that, at a minimum, we need to see that park and street departments are not ignoring it because it is going to get worse. Commissioner Skaggs added that commercial mowers carry the seed from park to park. Vice-Mayor Hlavachick added that combines spread the seed everywhere they go. Mr. Howard stated that we would do what we can.

Public Works:

• Phase 1 on website:

Public Works Director Rambat commented that we were working on posting the parking maps on phase one of the Main Street project on the City website, which might help locals and out-of-towners.

• Pool repair:

Mr. Rambat commented that they would be shutting down the pool for half a day in the next week or two to install a new pump. Mr. Rambat explained that over the last couple of years we had lost some pressure. Mr. Rambat added that we would not mess with swim lessons or parties.

Recreation Dept.:

• Main Street update:

Recreation Director Pinkall commented that the Main Street project had a positive start and there had been a lot of communication from businesses. Mr. Pinkall stated that we had addressed any concerns and had followed some of their ideas.


Power Plant:

• Generation:

Power Plant Superintendent Ernie Smith commented that Sunflower Electric would be asking us to generate sometime this week with the temperatures rising and we were prepared to do that. Mr. Howard added that we do get paid for that.

Finance Dept.:

• Sales tax:

Finance Director Garten stated that sales tax was up $43,000.

• Budget process:

Ms. Garten stated that the budget process was underway and she had given the Commission a tentative budget schedule. Mr. Howard commented that the Commission should let Ms. Garten know if there was anything they wanted to discuss during the budget session. Ms. Garten added that the budget session had been one day the last couple of years, but we schedule two in case it is needed. Commissioner Detwiler asked how soon they would receive the budget pages. Ms. Garten answered that it depends on how quickly she gets information from the County, which would be after July 1st. Ms. Garten commented that she would try to get it the week of or a few days before, depending on how information filters in.

Commission:

• Infrastructure on streets:

Commissioner Detwiler questioned if anyone had checked on the infrastructure done on City streets that she had discussed at the last meeting and Commissioner Detwiler added that the cost to Hutchinson was $2,200 per mile. Mr. Rambat answered that he had emailed the gentleman and he had asked for the miles and streets in Pratt. Mr. Rambat commented that he guessed that the Hutchinson quote was lower due to miles. Mr. Rambat stated that he would have something for the next meeting.

• Speed bumps in Lemon’s:

Commissioner Detwiler commented that she felt that there should be some speed control in Lemon’s and Sixth Street Parks. Commissioner Detwiler explained that there was a young person flying out of the park and another person had to hit their brakes to avoid an accident. Mr. Howard commented that we would look into options around the entrance and parking for Lemon’s Park and ways to define it. Commissioner Detwiler commented that speed bumps would get the traffic to slow down. Commissioner Detwiler added that she understood that was not something that was favorable with Mr. Eckhoff during snow removal. Mr. Howard stated that Mr. Rambat did the snow removal, but safety was more important. Mr. Howard added that the decision was up to the Commission.

Commissioner Detwiler commented that they would need to be something that bikes could get around. Mr. Howard commented that bikes have to obey the speed as well. Mr. Rambat stated that there were speed bumps with a gap so they could get through and we could do temporaries as a test. Commissioner Skaggs suggested putting them at the crosswalks at a minimum. Vice-Mayor Hlavachick questioned if the police had ticketed many people. Acting Police Chief Gary Myers commented that they do not.

Mr. Howard commented that they would look at it and see if there were other things to do. Commissioner Detwiler suggested the digital speed signs. Mr. Howard stated that they would look into it. Acting Chief Myers commented that when there are major problems, they set up special enforcement with hand held lasers. Commissioner Detwiler commented that it should be done without a police vehicle. Commissioner Skaggs commented that if that was done periodically, it would get the message out there. Vice-Mayor Hlavachick stated that he preferred that to the speed bumps. Mr. Howard commented that he would have the police department start tonight.

• Repairs at the Municipal Building:

Commissioner Skaggs questioned if there was an overall plan for improvement at the Municipal Building. Commissioner Skaggs commented that he had noticed plaster damage below the windows and a contractor working on the ladies restroom. Mr. Pinkall commented that the plaster issue was in other areas and would be repaired this summer. Mr. Pinkall added that the ladies restroom was first, then the kitchen, followed by the plaster, then carpet.

Mr. Howard commented that there had not been much done to the Municipal Building for several years when the Blythe Foundation had considered connecting it with the Parish Hotel, but that, of course, was not going to happen. Mr. Pinkall stated that the restroom had run into issues with the plumbing in the wall that required the removal of concrete and then it went into the floor, so a contractor got involved. Commissioner Skaggs commented that he does not want to see buildings neglected and we need to maintain what we have. Mr. Pinkall stated that we were trying to do that.

• Camera for Police Dept.:

Commissioner Graf commented that he had visited with police officers and they were tickled with the cages. Commissioner Graf added that that should have been done a long time ago. Commissioner Graf questioned where we were on getting cameras for the police department. Mr. Howard commented that they can be budgeted for. Commissioner Graf asked if it had to be in the budget if we use drug money. Mr. Howard stated that we would need to get prices and you had to be cautious spending drug money, but it was up to the Commissioners. Commissioner Graf questioned if there was a cash reserve used for police stuff. Mr. Howard stated that we do, but drug money can be used for other City things if it benefits the police department.

Commissioner Graf stated that he could not see putting the cameras off until budget since they protect the officers and the person getting stopped. Mr. Howard reminded the Commission that you have to have a custodial records person and who we would get to do that was another issue. Mr. Howard added that if there were court cases where they want to see a tape, you have to know who has access to where they are stored. Mr. Howard added that you have to develop a procedure to ensure that there is no manipulation of the device and that should all be in place before the cameras are purchased.

Commissioner Graf commented that he had visited with Wichita and Conway Springs and they could not believe that we do not have them. Mr. Howard commented that he did not disagree, but the procedure was important. Commissioner Detwiler questioned if it was not undoable. Mr. Howard stated that it could be done and we could get with another police department and plagiarize their procedure so that we cannot be accused of manipulation. Commissioner Detwiler commented that she felt we should get the cameras as soon as possible. Vice-Mayor Hlavachick questioned if Commissioner Detwiler wanted to purchase them now rather than budget for them. Commissioner Detwiler stated that we could use the drug money.

‘Acting’ Police Chief Myers commented that there were different types of media that can be used such as media cards from Digital Ally or cd’s from Watch Guard. ‘Acting’ Chief Myers added that he had gotten a quote from Digital Ally for $70,000 and no installation, but Watch Guard had not returned any figures and he felt that they would be higher than Digital Ally.

Commissioner Skaggs questioned how much we had in drug money. Mr. Howard commented that it was around $200,000. Commissioner Detwiler questioned if we had an airplane sell pending. ‘Acting’ Chief Myers commented that we were working on that, but there were issues on the value of it. ‘Acting’ Chief Myers added that we do not want to give it away and it was possible that we might get a minimum of $30,000 or the maximum of $70,000 to $80,000. ‘Acting’ Chief Myers explained that they were going to put a publication in a magazine, but it had not been decided whether we would do sealed bids or sell outright.

Mr. Howard commented on the taser issue and informed the Commission that he had visited with Sheriff Vernon Chinn and the County has seven or eight tasers for his department. Mr. Howard commented that Sheriff Chinn has concerns with tasers and would be willing to come and discuss it if we want to pursue the issue. Commissioner Graf stated that he would like for him to come in. Commissioner Graf commented that the security guy at McDonald’s in Wichita carries a taser as do the security at River Fest. Commissioner Graf added that tasers could stop someone and a wand could mess it up. Mr. Howard commented that he would let Sheriff Chinn tell Commissioner Graf about them, but he had said that they do kill and we need to strongly think about it.

• Congratulations:

Vice-Mayor Hlavachick stated that he wanted to congratulate Mr. Jeff Hoffman from distribution on obtaining the status of Journeyman Lineman.

ADJOURN:

A motion by Commissioner Skaggs to adjourn. The motion was seconded by Commissioner Graf and carried unanimously.


_______________________________________
JEFF A. TAYLOR, Mayor



(SEAL)

ATTEST:

___________________________________
LUANN KRAMER, City Clerk

06/20/2011-City Commission Meeting Agenda

MONDAY

JUNE 20, 2011

PRATT CITY COMMISSION – REGULAR COMMISSION MEETING

COMMISSION ROOM – 5:00 P.M.

1. CALL TO ORDER (Remind audience that meeting is being recorded and/or taped.)

2. ROLL CALL

3. MINUTES – June 06, 2011 Regular City Commission meeting

4. OPEN AGENDA - 1

5. BUSINESS:

5.1 Presentation of the 2010 City of Pratt Audit – Vicki Dreiling, Adams Brown Beran & Ball Chtd.

5.2 Consideration and Approval for a Disc Golf Tournament on August 5th at Lemon’s Park & August 6th at May Dennis Park – Donna Rawlings, Pass It Forward

5.3 Consideration and Approval of 2012 Budget Request of 3 Mil from Pratt Airport Authority – Mayor and Commission

5.4 Discussion on Smithsonian Institution Traveling Exhibition and Request for a Letter of Support – Jan Scarbrough, Chamber Director

5.5 Consideration and Approval of Bid for the Washington Street Improvement – Russell Rambat, Public Works Director

5.6 Consideration and Approval of Project Applications for KDOT Funding on Hwy 281 or Hwy 54 – Russell Rambat, Public Works Director

5.7 Consideration and Approval of the ‘Design’ of the Plat for Sandy Creek Addition – Dave Howard, City Manager

5.8 Discussion on ‘Pavement Evaluation and Needs Analysis’ from Infrastructure Management Services– Mayor, Commission and Staff

5.9 Further Discussion on Cameras and Tasers for the Police Department – Mayor, Commission and Staff (Requested by Commissioner Detwiler)

6. OPEN AGENDA – 2



7. REPORTS

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

8. ADJOURN

5/16/2011-Approved City Commission Meeting MInutes

MONDAY

MAY 16, 2011

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

PRESENT: Jeff Taylor Mayor
Bill Hlavachick Commissioner
Victor Graf Commissioner
Gary Skaggs Commissioner
Karen Detwiler Commissioner

ALSO PRESENT: Dave Howard City Manager
LuAnn Kramer City Clerk
Ken Van Blaricum City Attorney
Diana Garten Finance Director
Gary Myers ‘Acting’ Chief of Police
Russell Rambat Public Works Director
Brad Blankenship Building Inspector
Kelly Hemphill Dir. of Electric Utilities
Bruce Pinkall Recreation Director

CALL TO ORDER:

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

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

MINUTES:

A motion by Commissioner Hlavachick to approve the minutes of the May 02, 2011 regular meeting. The motion was seconded by Commissioner Detwiler and carried unanimously.

OPEN AGENDA #1:

KDWP Nature Trail Open:

Mr. Nathan Hemphill, Kansas Department of Wildlife and Parks, commented to the Commission that the trails project along the Ninnescah River had been completed. Mr. Hemphill invited the Commission to a ceremony for the opening on May 23rd at 11:00 a.m. followed by a hamburger dinner. Commissioner Skaggs questioned how long the trail was. Mr. Hemphill stated that it was a two mile trail and they would like to extend that and join Lemon’s Park to the Kansas Department of Wildlife and Parks and on to the lake. Mr. Hemphill explained that this project had been developed over the last three years and it would be open in the daytime only and would close around 9:00 p.m. Commissioner Skaggs asked about the buildings along the trial. Mr. Hemphill commented that all out buildings would be locked except for one public restroom that would be open all the time. Mayor Taylor asked if this would be a bike/walk trail. Mr. Hemphill stated that it would be.

BUSINESS:

DISCUSSION ON LIQUIDATED DAMAGES ON THE MAPLE STREET PROJECT:

Mr. Frank Oursler, Middlecreek Corporation, addressed the Commission concerning the liquidated damages on the Maple Street project. Mr. Oursler explained that he had had difficulties with the sub-contractor, who was relieved of his duties, and another sub-contractor had been brought in. Mr. Oursler asked the Commission to help with the liquidated damages since the job was finished and the street was open and to limit them to the actual cost that the City had. Commissioner Skaggs asked what the actual expenses were to the City. City Manager Dave Howard commented that it would be $15,000 for the additional cost from EBH Engineering, so the difference would be $45,500.

Mr. Don Hellar, EBH Engineering, commented that the liquidated damages included 121 days past the contract completion date. Commissioner Skaggs commented that he was sympathetic to the contractor and there were no damages to the City except for the $15,000. Commissioner Skaggs added that the one at fault was the sub-contractor, so he would vote to be lenient. Commissioner Hlavachick questioned if the sub-contractor made any effort to pick-up the slack. Mr. Oursler commented that they had gone bankrupt. Commissioner Detwiler commented that she was in agreement with Commissioner Skaggs and that the project was done and done well.

Mayor Taylor stated that these were the terms of the contract. Commissioner Skaggs commented that the warranty of the quality of workmanship was important. Mr. Hellar stated that they had no problem with the quality of the work done by the sub-contractor. Mayor Taylor questioned who the sub-contractor was. Mr. Hellar stated that Do-It Paving was the first sub-contractor and the project finished up using Klaver Construction. Mr. Hellar added that we got a number one job on the whole project. Mr. Howard explained that the quality of work was not the concern. Mr. Hellar stated that Middlecreek Corporation went above and beyond and did it correctly.

Mayor Taylor commented that this had been written into contracts the last fifteen years and this was the first time it had been used. Mr. Howard stated that this was his first experience in using it, but it does give you some leverage to hold over the contractor to get the project done. Mayor Taylor stated that he would not like to see all of the damages given back. Mayor Taylor explained that this was written into contracts for a reason and choosing the sub-contractor was the due diligence of the contractor. Mayor Taylor added that he was not saying that the City should not give some of it back. Commissioner Hlavachick commented that unfortunate things happen and the project was done well.

Mr. Howard explained that the City had been deducting the amount from invoices, so Mr. Oursler did not owe the City any money and it could be paid back off the last pay estimate. Commissioner Graf commented that he would like to see the City get their part back. Mr. Oursler stated that he was asking the City to see fit to help him out. A motion by Commissioner Skaggs to adjust the liquidated damages against Middlecreek Corporation on overrun costs minus $15,000. The motion was seconded by Commissioner Detwiler and carried with four approved votes and one opposed vote by Mayor Taylor.

DISCUSSION ON CANNONBALL TRAIL CHAPTER OF AMERICAN RED CROSS:

Ms. Donna Meier-Pfeifer, Executive Director of Cannonball Trail Chapter, addressed the Commission concerning a request for funds and to update them on the Cannonball Chapter. Ms. Meier-Pfeifer commented that she had applied and received two grants, which allowed her to purchase a disaster van from Doug Reh Chevrolet. Ms. Meier-Pfeifer added that the van would used to meet with clients and to carry medical supplies. Ms. Meier-Pfeifer added that, with another grant, they were able to purchase emergency response supplies such as cots and blankets, feeding supplies, distribution supplies and materials for health and safety training and disaster training.

Ms. Meier-Pfeifer stated that she had done safety training for three oil companies since OSHA was coming down hard on them to keep their training up. Ms. Meier-Pfeifer explained that she was part of the Kansas Animal Search and Rescue Team and keeps in contact with fire victims and their families’ months after a fire and they have research supplies to help them deal with these situations.

Ms. Meier-Pfeifer explained that the 2007 individual donation had decreased and she was requesting a monthly donation from the City of $1,000. Ms. Meier-Pfeifer commented that her intent was to go to all six counties with this request. Mayor Taylor questioned what the City had given them before. Finance Director Diana Garten stated that it was $1,500 per request. Mayor Taylor commented that that was a considerable jump and asked about other sources of funding for them. Ms. Meier-Pfeifer stated that they have individual donations, nothing from the American Red Cross and the United Way was decreasing down to $13,000 or less. Mr. Howard commented that we were putting together next year’s budget and would know more in July. Commissioner Skaggs requested financial statements from Ms. Meier-Pfeifer so that the Commission could review them before budget time. Ms. Meier-Pfeifer stated that she could get those for the Commission and that her annual budget runs about $100,000.

Mayor Taylor questioned what point the City does their donation. Ms. Garten stated that it was per request. Commissioner Skaggs commented that we should have some set figure for Ms. Meier-Pfeifer to depend on. Mayor Taylor stated that he was in favor of doing the same as last year since it was most likely in the 2011 budget and the increase would be discussed during the budget session. Commissioner Hlavachick asked if Ms. Meier-Pfeifer could come during the budget session in July. Ms. Meier-Pfeifer stated that that would not be a problem. Mayor Taylor questioned what the other towns were doing. Ms. Meier-Pfeifer commented that Stafford was doing $1,000 per year, but, being realistic, Pratt was the biggest City and County and had more disasters than the others.

Commissioner Graf commented that he felt we should give them the $2,000 now and do the budget later. Mayor Taylor stated that the discussion would be on the budget agenda, but the donation would be the same as last year for 2011. Ms. Garten stated that the donation was $1,500 or $2,000. The Commission was in agreement with that arrangement.

PRESENTATION OF DIVIDEND CHECK:

Mr. Rich Sanders, Sanders Agency, presented the Commission with the insurance dividend check for $19,289.43. Commissioner Skaggs asked if that money went into the general fund. Ms. Garten stated that it went into an insurance fund.

OPEN AGENDA #2:

No one in the audience wished to address the Commission.

REPORTS:

City Manager:

• Final stage on Main Street:

City Manager Howard commented that we were in the final stage of the Main Street project and there would be another merchants meeting on May 24th at 5:30 p.m. that would involve KDOT, Smokey Hill, EBH Engineering and City staff. Mr. Howard explained that the contractor, EBH and City staff would be discussing the details of what the plans were and address any concerns earlier in the day at a meeting at the Community Center.

• KMU Conference:

Mr. Howard stated that he had attended the KMU Conference and their annual Board of Directors meeting. Mr. Howard commented that there had been some good information that had been presented on the regulations governing electrical generations that were coming down the pike. Mr. Howard added that it was complicated, but translates into money.

• Clean Line Energies:

Mr. Howard informed the Commission that there was a meeting with Clean Line Energies tomorrow morning at the Community Center.

• Playground Equipment:

Mr. Howard explained that Public Works Director Russell Rambat had not had time to get the information on the playground equipment around for this meeting, but would have it on the next agenda.

Electric Department:

• Grant received:

Director of Electric Utilities Kelly Hemphill commented that the Electric Department had successfully received a grant to get two fire sirens. Mr. Hemphill gave credit to Mr. Tim Branscom, Emergency Management Coordinator, for his excellent support and help in getting it lined up.

Mayor Taylor questioned if the sirens were running a lot. Mr. Howard commented that they were to be tested every Monday at noon unless there was threatening weather. Mr. Howard explained that several had failed in the past, but there had been no failures during the last two tests. Commissioner Skaggs asked how many sirens there were. Mr. Hemphill stated that there were seven. Commissioner Detwiler questioned if there was any other time they could be tested, because she had seen people leave the bank with their ears covered. Mr. Howard commented that he could check to see if it could be changed. Mr. Howard explained that the noon test was to see if schools and other places could actually hear them. Mr. Hemphill commented that he thought they were either on or off and if the wind was blowing or it was raining, it took more to penetrate. Mayor Taylor asked if the newer ones were louder. Mr. Hemphill stated that he thought they were rated the same.

• Underground lines:

Mr. Hemphill stated that the underground line project was complete and the linemen were working on restringing the Main Street lights.

Recreation Department:

• Merchants meeting:

Recreation Director Bruce Pinkall commented that the merchants’ meeting would be the 24th and he had a number of positive things to keep people downtown. Mr. Pinkall commented that the parking maps would be given out and employee parking should be in place. Mayor Taylor asked if there was a start time. Mr. Pinkall stated that they did not have a start date for construction, but expects to get it at the meeting on May 24th with the contractor.

• Summer tournament:

Mr. Pinkall commented that they had a tournament this weekend that involved seventeen teams. Mayor Taylor stated that we must be doing something right when you can bring in teams from Garden City, El Dorado and Wichita. Mr. Pinkall added that several of them had stayed in the motels.

• Playground equipment:

Mr. Pinkall commented that the playground equipment was on the agenda for the Parks Advisory Board and they would look at Mr. Rambat’s recommendations.

Power Plant:

• Maintenance:

Power Plant Superintendent Ernie Smith commented that the power plant had been doing maintenance on engine #6 and they would be running a reliability test on it that the Commissioners were welcome to come and watch.

Finance Department:

• Budget process:

Finance Director Diana Garten commented that we were starting the budget process for 2012 and the department supervisors had received their worksheets. Ms. Garten stated that the budget session would be in July and asked that the Commissioners check their schedules in early to middle July to see if there would be any conflicts before getting it on the schedule.

Commission:

• Bid Policy:

Commissioner Graf asked if the bid policy could be explained. Mr. Howard commented that there was a list of vendors we deal with when a purchase requires it to be bid out. Mr. Howard explained that if the project or purchase is big enough, a meeting with the vendors may be scheduled. Commissioner Graf questioned what procedure they have to follow. Mr. Howard stated that a date is set for the bid opening and the bids are to be delivered to the City Clerk in a sealed envelope clearly marked ‘Bid’. Mr. Howard added that if a bid is received after the set time of opening, it has to be rejected. Commissioner Graf asked if the Commission could be informed of when bid openings were going to be. Mr. Howard stated that they could be.

• Bind weed policy:

Commissioner Skaggs questioned if the City had a bind weed policy like the County did. Mr. Howard stated that we do not have one for bind weed, but we do spray for weeds. Commissioner Skaggs commented that bind weed was a problem this time of year and it was in bloom behind Dollar General. Commissioner Skaggs asked if that was our responsibility. Mr. Howard explained that we treat it on our property. Commissioner Skaggs questioned if we send out bind weed letters. Mr. Howard stated that we do not for bind weed, but we would if the weeds were overgrown. Mr. Howard added that it could be added to the ordinance. City Attorney Ken Van Blaricum stated that he would look into that.

• Highway 61:

Commissioner Detwiler asked if anything was going to be done with Highway 61 and if that was the City’s responsibility. Mr. Howard stated that it was KDOT’s and there was a plan to do a total resurfacing project. Commissioner Detwiler commented that whatever they did had fallen apart. Mr. Howard commented that they were aware of it.

• Street suggestion:

Commissioner Detwiler commented that the City of Hutchinson had hired Infrastructure Management Services to look at their streets and they had equipment that could tell the condition of the street below the surface. Commissioner Detwiler questioned if the City had ever had that done. Mr. Howard stated that we had not since he had been here. Commissioner Skaggs asked if they charge by the mile. Commissioner Detwiler answered that the article did not say how many miles it was, but estimated well over 200, at a cost of $58,000. Mr. Howard commented that we are identifying the street problems and you can take up the asphalt to tell if the sub-grade needs repaired. Commissioner Skaggs asked if Mr. Rambat could check into this procedure and the cost. Mr. Howard stated that he would have him do that.

ADJOURN:

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


_______________________________________
JEFF A. TAYLOR, Mayor





(SEAL)

ATTEST:

_______________________________________
LUANN KRAMER, City Clerk

06/06/2011-City Commission Meeting Agenda

MONDAY

JUNE 06, 2011

PRATT CITY COMMISSION – REGULAR COMMISSION MEETING

COMMISSION ROOM – 5:00 P.M.

1. CALL TO ORDER (Remind audience that meeting is being recorded and/or taped.)

2. ROLL CALL

3. MINUTES – May 16, 2011 Regular City Commission meeting

4. OPEN AGENDA - 1

5. BUSINESS:

5.1 Consideration and Approval of 3 Mill for the Pratt Public Library 2012 Budget – Rochelle Westerhaus, Library Board Secretary

5.2 Consideration on Request from USD 382 for Funding of Road to New SW School Addition – Dr. Glen Davis, USD 382 Superintendent

5.3 Consideration and Approval of 2011 Curb, Sidewalk Replacement Project Bids – Russell Rambat, Public Works Director

5.4 Consideration and Approval of Playground Equipment for Gebhart Park – Russell Rambat, Public Works Director; Bruce Pinkall, Recreation Director

5.5 Consideration and Approval of Quote for Transformers for Stock – Kelly Hemphill, Director of Electric Utilities

5.6 Discussion on ‘Operate Generation for SPP Operational Performance Test & Load Tap Changer Inspection’ – Kelly Hemphill, Director of Electric Utilities

6. OPEN AGENDA - 2

7. REPORTS

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

8. ADJOURN

05/02/11-Approved City Commission meeting minutes

MONDAY

MAY 02, 2011

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

PRESENT: Jeff Taylor Mayor
Bill Hlavachick Commissioner
Victor Graf Commissioner
Gary Skaggs Commissioner
Karen Detwiler Commissioner

ALSO PRESENT: Dave Howard City Manager
LuAnn Kramer City Clerk
Ken Van Blaricum City Attorney
Gary Myers ‘Acting’ Chief of Police
Russell Rambat Public Works Director
Brad Blankenship Building Inspector
Kelly Hemphill Dir. of Electric Utilities
Bruce Pinkall Recreation Director

CALL TO ORDER:

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

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

MINUTES:

A motion by Commissioner Detwiler to approve the minutes of the April 18, 2011 regular meeting. The motion was seconded by Commissioner Skaggs and carried unanimously.

BUSINESS:

CONSIDERATION AND APPROVAL OF LOW BIDS FOR WATER MAIN RELOCATION PROJECT:

Water Superintendent Kelvin Clay informed the Commission that his department had been working on relocating water mains through easements in the Eastview Addition area. Mr. Clay commented that the water mains had been setting too close to the houses and could have caused damage to the property.

Mr. Clay explained that in 2009, they started the project by relocating the water main at 573 Sunrise and headed south 900’ to Parkview Street, installing fire hydrants along the way. Mr. Clay added that they had abandoned the 10” water main that ran between 573 and 583 Sunrise and disconnected the main in the alley.

Mr. Clay stated that, in the second phase that started last year, which was located at Welton Street and Green Street going north to Maple Street, they replaced the old 4” water main with a 12” main and ran all new 1” services to the residents. Mr. Clay explained that they had also abandoned the 10” main that ran in the easement east of Welton Street and Green Street.

Mr. Clay explained that phase three of the project would start at Welton Street and Maple Street and run 800’ to the east where it would tie into Sunrise Street. Mr. Clay commented that he had requested bids to bore this portion of the project, which would help keep the quality of the street and allow the staff to complete their job. Mr. Clay explained to the Commission that the contractor would make the bore and pull the pipe through and City staff would install the crossovers and tie in the ends of the main. Mr. Clay added that there were two areas that would require street cuts that would be for a 6” main stub out and the second cut would be to connect the existing water main to the tie that is directly off of well #13.

Mr. Clay stated that they will have reestablished another direct route between both towers and upsized over 1400’ of 10” to 12” pipe, which would help balance the water in the two towers. Mr. Clay commented that, when this project was completed, this would provide a safer route for the water main and improve fire protection in those areas.

Mr. Clay stated that he sent out four bids on the boring portion and those bids were as follows: Nowak Construction-$36,045; Apac Shears-$30,919; Duling Construction-no reply; Mies Construction-$24,000. Mr. Clay explained that he had also gone out for bids on parts at the same time and they were as follows: Salina Supply-no reply; Water Products-bid 1 hour late; Hajoca Corporation-bid 4 hours late; D.C. & B. Supply-$25,638.27. Mr. Clay commented that the bids had gone out three weeks prior to the opening date, so he felt it was enough time for the vendors to get them in on time. Commissioner Skaggs questioned the statement ‘if both jobs go deduct the freight’ on the bid from D.C. & B. Supply. Mr. Clay explained that that was when he had been looking at doing something else, but it had not gone through. Mr. Clay commented that his recommendation would be to accept the low bid from D.C. & B. Supply in the amount of $25,638.27 that included shipping and tax and the bid for boring be awarded to Meis Construction in the amount of $24,000.

A motion by Commissioner Hlavachick to accept the bid from Meis Construction for $24,000 for the boring project and D.C. & B. Supply for $25,638.27 for materials, which total $49,638.27. The motion was seconded by Commissioner Skaggs and carried unanimously.

Commissioner Skaggs questioned if there were any other areas that have a similar problem. Mr. Clay stated that there were not any that were as high risk for property damage, but there were some old mains. Commissioner Skaggs asked if it was common in the City to have the water line so close to a home. Mr. Clay explained that there were things put in the ground years ago that should not have been, but that has changed over the years. Commissioner Skaggs asked if developers were no longer allowed to put the line where they want. City Manager Dave Howard commented that 4” water mains were no longer allowed and a 6” line was the smallest now. Mayor Taylor questioned how old the lines were on this project. Mr. Clay answered that it was around 1968 to 1970. Public Works Director Russell Rambat added that it was before the plastic pipe era.

PROCLAMATION FOR MUNICIPAL CLERK WEEK:

Mayor Taylor stated that he had something that he wanted to do before the next agenda item and he read a proclamation that proclaimed May 1st to May 8th as ‘Municipal Clerk Week’. Mayor Taylor presented City Clerk LuAnn Kramer with a signed proclamation and commented that they appreciated everything that Ms. Kramer does in her job.

DISCUSSION ON POSSIBILITY OF SELLING THE LOT AT 816 W. BLAINE:

City Manager Dave Howard commented that this item could be removed from the agenda as he had found out that the City did not own this property. Mr. Howard explained that the structure had been removed by the City, but the original owner still had possession and owed back taxes. Commissioner Skaggs questioned if the City should take ownership in the future in these types of situations. Mr. Howard commented that we hope that the owner takes care of it, but that does not usually happen and we end up mowing it and assessing it to their taxes. Commissioner Skaggs commented that it was a catch 22 then since we would have to maintain it if we were the owners and we take care of it if the owners are still in possession. Mr. Howard agreed and these properties come to our attention through citizen complaints.

City Building Inspector Brad Blankenship explained that houses that have caught fire and abandoned are the ones the City usually ends up cleaning up or, in the case of this property, it was in such bad shape that it needed to come down before someone got hurt. City Attorney Ken Van Blaricum stated that it came down because the City insisted it come down. Mr. Howard added that it came down due to the safety issues and not due to weeds. Mr. Blankenship agreed and stated that there were problems with kids going in and out of it and it could have fallen in on someone.

Commissioner Hlavachick asked if owners deed some properties to us. Mr. Blankenship stated that they do if it has been involved in a fire, but not usually. Commissioner Detwiler asked if we recover any of our expenses. Mr. Howard stated that we assess their property taxes. Mr. Van Blaricum commented that we were last on the list to get any of that money, but, in the end, the owner may have a cleared lot, costs that we had and back taxes, so, in all reality, they have nothing. Commissioner Skaggs again questioned if we should take ownership since, on this property, we have someone willing to pay $500, which could go towards our expenses. Mr. Van Blaricum explained that we can with a new law, but the difference is that we ended up in this situation without a title and the owner has a lien against the property. Mayor Taylor questioned how much cost there would be to take the title. Mr. Van Blaricum stated that it would not be much.

Commissioner Skaggs questioned if the neighbor could get a clear title. Mr. Van Blaricum stated that those decisions are decided on a case by case basis. Mr. Howard commented that this lot was substandard size since it was not big enough to build a house.

DISCUSSION ON REQUEST TO PURCHASE CITY PROPERTY:

Property owners, Warren and Celia Hatzenbuehler (404 Sunrise Avenue) and Roger and Patricia Shippy (1401 Parkview Drive), addressed the Commission about property that they were interested in purchasing from the City and had brought the request to them in June 2010 and they were curious what the City’s thoughts were now. City Manager Howard commented that the City did have utilities back in that area and, if we gave up that property, we would have to have access to the utilities. Mr. Howard added that he did not think that it would be in the best interest of the City to sell the property.

Mr. Howard explained that the City had gotten in there about three years ago to clear out some trees when an owner had lost electricity during a storm. The couples commented that the City would have to maintain it so they could service the utilities, but they had been doing the maintenance in the past. Mr. Howard stated that the City would, but probably not the way they were doing it now. Mayor Taylor questioned how much land was involved. Mr. Howard estimated that it was about four acres and, as pointed out on power point, the square area was about two acres.

Commissioner Skaggs questioned if EBH Engineering had done the plat yet. Mr. Howard stated that he hoped to have it done by the next Planning and Zoning Board meeting in June. Mr. Howard added that it had been discussed that the Sandy Creek area be used as a wildlife area and develop it into a walking park after thinning out some trees. Commissioner Skaggs questioned if the parties had considered that part of the property and if they would allow the City access. Mr. Howard commented that it was not a good practice to sell property if utilities were involved. Ms. Shippy commented that the Sonic used to dump in that area and there were concrete blocks back there and they had cleared all of that away and made it a drive. The couples agreed that they would allow the City their easements.

Commissioner Skaggs commented that he understood that the parties wanted to protect their nice homes and property, but maybe we should wait to see how it develops to see what happens. The Hatzenbuehler’s repeated that they would give the City access to get back there. Mr. Howard explained that even if the City had access through an easement, it can get lost over the years and not be noticed until a fence or building is there and we need access. Mr. Howard stated that can happen whether it is owned by the same people or there are new owners and then the City has to have the fence or building removed to gain access. Mr. Howard added that that area was in a flood plain and he could see it as a park, but not developed as homes. Ms. Hatzenbuehler commented that they had been keeping it cleaned up and mowed. Commissioner Skaggs asked if the City owned Sandy Creek. Mr. Howard stated that we owned everything in the Sandy Creek Addition.

Commissioner Hlavachick commented that the long term plan was to have nature trails and walking trails. Commissioner Skaggs commented that there used to be developers that came in and cleaned up areas to prevent flooding. Mr. Howard stated that the City had done some tree trimming and cleared out a lot of debris in the creek bed due to the concern of flooding. Ms. Shippy stated that there was a mattress dumped in there now and a barrel along with forts. Ms. Shippy added that there were kids down there building fires during spring break.

Mr. Shippy commented that they would still be interested when the decision was made. Mr. Howard commented that he appreciated how they felt, but it was just not in the best interest of the City and that there had been a lot of thought on how we could make it work. Ms. Shippy commented that the City would need to take care of their stuff too. Mr. Howard stated that the City would be down there to remove the mattress and other debris tomorrow.

CONSIDERATION AND APPROVAL OF THE PURCHASE OF NEW PLAYGROUND EQUIPMENT AT GEBHART PARK:

Public Work Works Director Russell Rambat explained that money had been set aside in the capital equipment reserve budget for the park department for several years to replace the outdated playground equipment at Gebhart Park. Mr. Rambat commented that, after visiting with Park Superintendent Mark Eckhoff, they decided that the existing swing set would stay, but the other equipment needed to be replaced.

Mr. Rambat explained that they had looked at the age group that were on the new equipment at Hampton-Pennock Park and thought that that would work at Gebhart Park too. Mr. Rambat stated that the quote that they had received from Little Tykes was $17,792 and the wood carpet and duraliner was $2,277.25 for a total of $20,249.25. Mr. Rambat recommended the purchase of the new equipment for Gebhart Park. Finance Director Diana Garten commented that the funds had been in the 2010 budget; therefore, was encumbered in 2011 since the purchase would be made then. Ms. Garten added that the funds had been accumulating for about four or five years.

Commissioner Graf questioned if there was equipment for little kids since there was a pool there and suggested playground equipment like in Zerger Park, where there was also a wading pool. Mr. Rambat commented that we could possible expand a little bit to cover littler ones. Commissioner Detwiler commented that the playground equipment in Lemon’s Park was ADA accessible and little ones play on it too. Mr. Rambat stated that he had not looked at that, but there was something out there to accommodate the younger age group. Commissioner Detwiler asked if anyone other than the smaller age group utilized the equipment at this park. Ms. Garten commented that the school was close and they go over there sometimes and the slide gets very hot.

Mayor Taylor questioned what the delivery time might be. Mr. Rambat stated that, since they also install it, it would depend on how fast they could get out here from Wichita. Commissioner Skaggs questioned if there was room in the park for equipment for the lower age group. Mr. Rambat commented that there was and he would look at adding a second piece for them. Mayor Taylor stated that Mr. Rambat could bring this back to them at the next meeting. Mr. Rambat commented that he would see if he could find something.

CONSIDERATION AND APPROVAL OF RE-APPOINTMENTS TO THE PRATT CITY PLANNING COMMISSION:

Building Inspector Brad Blankenship commented that Mr. Fred Badders and Mr. Doug Meyers had done an excellent job on the Planning Commission and they both expressed an interest in being reappointed to an additional term. Mr. Blankenship stated that he would recommend both gentlemen to another term. A motion by Commissioner Hlavachick to reappoint Mr. Fred Badders and Mr. Doug Meyers to the Planning Commission. The motion was seconded by Commissioner Skaggs and carried unanimously.

CONTINUED DISCUSSION ON AMENDED MOTION AND SECOND TO MOVE MEETINGS TO 5:30 P.M.:

Mayor Taylor reminded the Commission that there was a motion and second on the floor from the last meeting to change the meeting time to 7:00 p.m. and then amended and seconded to a 5:30 p.m. meeting. Mayor Taylor asked if there was any further discussion. Commissioner Hlavachick commented that 5:00 p.m. had worked all these years, so he did not see moving it. Commissioner Detwiler questioned the agenda arrangement and explained that the open agenda had been before business during her last tenure as Commissioner, but now it was after reports. Mayor Taylor asked that the Commission deal with the motion on the floor and then they could discuss the agenda. Commissioner Skaggs commented that he had discussed this with various constituents and everybody had a different idea. After little more discussion, the Mayor called for a roll call vote on moving the meeting time to 5:30 p.m. The results were as follows: Commissioner Detwiler-yes; Commissioner Hlavachick-no; Mayor Taylor-no; Commissioner Skaggs-no; Commissioner Graf-yes. The motion failed to pass with two approved and three opposed; therefore, the meeting time would remain at 5:00 p.m.

• Open agenda:

Commissioner Skaggs suggested that the open agenda be at the first of the meeting and at the end so people who could not get here early would still be able to speak to the Commission. Commissioner Skaggs explained that the first open agenda would be after the minutes and then again before or after reports. Commissioner Hlavachick stated that the open agenda had been moved up so that people would not have to sit through a long meeting, but he had no problem with two. Commissioner Detwiler commented that she would be in favor of a second open agenda that would follow business. Mayor Taylor stated that he preferred only one open agenda, but move it under business. Commissioner Graf commented that, if it was not at the top, people may not want to come and, if they have other things to do, they could get it done and leave; therefore, he preferred it be at the top of the agenda. Mayor Taylor commented that with the open agenda at the first of the meeting, you spend half an hour or forty-five minutes before regular business and he sees a problem with that. Mayor Taylor questioned Mr. Van Blaricum on how the college handles their agendas. Mr. Van Blaricum commented that if you want to talk at the college board meeting, you have to be on the agenda in advance.

A motion by Commissioner Skaggs to have two periods of open agenda, one after the minutes are approved and the other after business. The motion was seconded by Commissioner Detwiler and carried with four approved votes and an opposed vote by Mayor Taylor.

REPORTS:

City Manager:

• BTI Grand Opening:

City Manager Howard informed the Commission that BTI would be having their grand opening on May 7th with a ribbon cutting at 7:30 p.m. and everyone was invited.

• Clean Line Energy:

Mr. Howard stated that Clean Line Energy would be putting in a big transmission line somewhere through this area and it would involve a straight line through Kansas, but there would not be any tap for us. Mr. Howard added that they would be having a meeting Tuesday, May 17th at 8:00 a.m. at the Community Center if anyone wanted to attend.

• Arrowhead West relocation:

Mr. Howard informed the Commission that Arrowhead West would be moving their offices to Pratt and they were looking for a location. Mr. Howard commented that it would be a time consuming project, but it would create about ten jobs once they were here.

Public Works:

• Main Street:

Public Works Director Rambat commented that the water line portion of Main Street had been completed and the street project should start in a few weeks.

• Curb and Gutter project:

Mr. Rambat stated that he had put together the curb and gutter project and would be going out for bids. Commissioner Skaggs questioned what the budget was for the curb and gutter project. Mr. Rambat explained that it depends on the mill levy, but usually around $340,000 to $350,000. Finance Director Garten commented that it may be a little less this year due to State cut backs.

Commissioner Detwiler asked about the water that was bubbling up in the street at Memories. Mr. Rambat answered that he thought that we had a leak, but it was on the sprinkler system for the flower box. Commissioner Skaggs asked if the old water main had been abandoned. Mr. Rambat stated that it had and it was cut from the system. Commissioner Skaggs commented, that being at the end of the line, trash had gotten into the toilet lines. Mr. Rambat stated that the material did not seem likely, but he would keep on that to make sure it was taken care of.

Building Inspections:

• Weed letters:

Building Inspector Blankenship commented that people had started calling about lawns that need mowed, so weed letters would start to go out this week. Commissioner Skaggs questioned if we had a positive response from the letters. Mr. Blankenship stated that about 90% take care of it and the City ends up taking care of 10%. Mr. Blankenship added that most of those are habitual. Mayor Taylor asked if a majority of those live out of town. Mr. Blankenship stated that that was correct.

Recreation Department:

• Week-end Tournament:

Recreation Director Bruce Pinkall commented that he was excited that there was going to be a tournament and, so far, they had fifteen teams signed up. Mayor Taylor commented that that brings in a lot of people to the community.

• Main Street project:

Mr. Pinkall stated that the main street waterline project was complete and we were getting ready for the big show. Mr. Pinkall commented that there would be another downtown business meeting on Thursday at 5:30 p.m. at City Hall and they would be discussing what they could expect in this phase. Mr. Pinkall explained the promotional ideas they would discuss and they would also talk about how to deal with the construction, as well as handing out a map for employee and staff parking and get their feedback.

Commissioner Skaggs commented that we need to make a run down the alleys to be sure they were picked up. Mr. Pinkall stated that they had done some clean-up and we probably have about a month to get ready. Mr. Rambat added that he would have the street department spray for weeds so that it would be more attractive.

Mr. Pinkall explained that we wanted to get as much parking as close to Main Street as possible and we would be doing promotions with the local radio station and have things in the Pratt Tribune to keep the public informed of the progress. Mr. Pinkall informed the Commission that The Weekend Crew from KWCH would be in town tomorrow to film a segment about Pratt and they would be interviewing City Manager Howard and Mayor Taylor. Mr. Pinkall added that they would be visiting some of the business and this should air around June 4th. Mr. Pinkall commented that the reporters wanted to have this air the week before the Miss Kansas pageant since two of them were former Miss Kansas contestants.

Electric Department:

• EMP2 meeting:

Energy Agent Kenny Kreutzer informed the Commission that Pratt would host the EMP2 meeting on May 19th and that should bring about fifty people to town for the day. Commissioner Skaggs asked what ‘EMP’ meant. Mr. Kreutzer stated that it was the Energy Management Project.

• #6 Engine off:

Power Plant Superintendent Ernie Smith commented that engine #6 would be off the books for routine maintenance and would not be run during work hours on Wednesday, Thursday and Friday. Mr. Smith stated that it could be used if there was an emergency.

Police Department:

• Cages installed:

Acting Police Chief Gary Myers informed the Commission that the half cages had been purchased and installation should be complete by the end of the week.

Finance Department:

• Auditors:

Finance Director Garten commented that the auditors had come to finish up their audit and they were working on the report now and should be here to present the 2010 audit by the first meeting in June.

• Sales tax:

Ms. Garten stated that sales tax figures were positive and we were up $30,000 from last year at this time.

Commission:

• Thanks to police:

Commissioner Detwiler commented that she had contacted the police department concerning a concrete cover that had been moved off of a storm sewer pipe and they were quick to take action. Commissioner Detwiler thanked the department for taking care of it so quickly.

• Dog Park:

Commissioner Hlavachick questioned if there was any movement on the dog park. Mr. Pinkall commented that the Advisory Board had discussed it earlier and they were waiting on some material to be put together by Parks Superintendent Mark Eckhoff. Mr. Pinkall stated that he would put it on their next agenda.

• Houses on Ninnescah and Jackson:

Commissioner Hlavachick questioned if there were any houses on Ninnescah Street or Jackson Street that might need attention since the Main Street project would detour traffic to those streets. Mr. Blankenship stated that he could not think of any. Commissioner Hlavachick commented that he thought we should have ‘our best face on’ since there would be extra traffic in that area.

• Blythe Foundation:

Commissioner Skaggs questioned the status of the Blythe Foundation. Mr. Howard stated that they were supposed to open on June 1st, but there had been some additions and he was not sure if there was a new opening date. Mr. Blankenship commented that he had done an inspection there earlier and they should be dry walling next week and he told them they could do one side, but to leave one side open so he could do the gas and electric inspections.

OPEN AGENDA:

• Complain to get repairs:

Mr. Luca Matei, owner of the Country Club Apartments, commented that some of his problems were in part due to the police and the City of Pratt. Mr. Matei stated that he had five garbage bins and some of them had no cover, but when he comes to complain to get repairs, he gets no response. Mr. Matei commented that his tenants were a high problem, low income and do not have a job and the City would not help him get addresses when they move. Mr. Matei stated that he had the worst tenants and the lowest rent and that quality of tenants cheat him. Mr. Matei added that there was not a law to not give him addresses. Mayor Taylor asked if he made his tenants pay first and last month’s rent. Mr. Matei stated that they have no money and they move to the high rise, because they are subsidized.

City Manager Howard commented that he was not aware of the dumpster problems, but that he had seen where people move out and there was twice the material in the bins that should be. Public Works Director Rambat stated that he would take care of the bin situation.

• Thank you to the City:

Rev. Bob Fleener from the Southern Baptist Church thanked the Commission and City staff for the beautiful job on Maple Street. Rev. Fleener stated that he knew there were a lot of complaints, but the employees had done a great job. Rev. Fleener commented that he had had one request to have gravel in the temporary driveway in case it got muddy and the gravel was put there the same day. Rev. Fleener added that they even removed the snow.

Rev. Fleener commented that he knew that the road had been vandalized shortly after it had opened, but the street was done very professionally and it was a great job. Rev. Fleener informed the Commission that he had seen a lot of walkers and baby strollers and asked if there was a long range plan for sidewalks on either side. City Manager Howard commented that it had been discussed with Mr. Rambat, but it was not a plan. Mr. Howard stated that he appreciated the cooperation of the church in putting up with the inconvenience. Rev. Fleener commented that he thought there was only a couple of hours that they did not have access to the property and that was a minor inconvenience.

ADJOURN:

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


____________________________________________
JEFF A. TAYLOR, Mayor





(SEAL)

ATTEST:

_______________________________________
LUANN KRAMER, City Clerk

05/16/2011 City Commission Meeting Agenda

MONDAY

MAY 16, 2011

PRATT CITY COMMISSION – REGULAR COMMISSION MEETING

COMMISSION ROOM – 5:00 P.M.

1. CALL TO ORDER (Remind audience that meeting is being recorded and/or taped.)

2. ROLL CALL

3. MINUTES – May 02, 2011 Regular City Commission meeting

4. OPEN AGENDA - 1

5. BUSINESS:

5.1 Discussion on Liquidated Damages on the Maple Street Project – Frank Oursler, Middlecreek Corporation

5.2 Discussion on Cannonball Trail Chapter of American Red Cross – Donna Meier Pfeifer, Executive Director

5.3 Presentation of Dividend Check – Rich Sanders, Sanders Agency, Inc.

6. OPEN AGENDA - 2

7. REPORTS

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

8. ADJOURN

04/18/11-Approved City Commission Meeting Minutes

MONDAY

APRIL 18, 2011

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

PRESENT: Jeff Taylor Mayor
Bill Hlavachick Commissioner
Victor Graf Commissioner
Gary Skaggs Commissioner
Karen Detwiler Commissioner

ALSO PRESENT: Dave Howard City Manager
LuAnn Kramer City Clerk
Ken Van Blaricum City Attorney
Gary Myers ‘Acting’ Chief of Police
Russell Rambat Public Works Director
Brad Blankenship Building Inspector
Kelly Hemphill Dir. of Electric Utilities
Bruce Pinkall Recreation Director

CALL TO ORDER:

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

MINUTES:

A motion by Commissioner Taylor to approve the minutes of the April 04, 2011 regular meeting. The motion was seconded by Commissioner Peltier and carried unanimously.

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

CERTIFICATION OF APRIL 05, 2011 CITY COMMISSION ELECTION:

City Clerk Kramer read the certification of the April 05, 2011 City General election that had been sent by County Clerk Sherry Kruse indicating that Mayor Bill Hlavachick and Ms. Karen Detwiler had received the majority of the votes; therefore, voted in as City Commissioners.

OATH OF OFFICE GIVEN TO NEWLY ELECTED CITY COMMISSIONERS:

City Clerk Kramer gave the oath of office to Mayor Hlavachick and Ms. Detwiler. Mayor Hlavachick and Commissioner Detwiler signed the City’s oath of office before continuing the meeting.

PRESENTATION OF MAYOR’S PLAQUE:

City Manager Dave Howard presented outgoing Mayor Hlavachick with a plaque and stated that he and the staff appreciated his leadership and direction the past year.

• Question from Commissioner Detwiler:
Before the reorganization of the Commission, Commissioner Detwiler asked City Attorney Ken Van Blaricum if it was true that the Mayor can vote, can make motions and second motions in this form of Government. Mr. Van Blaricum stated that that was true.

REORGANIZATION OF PRATT CITY COMMISSION:

1. NOMINATION FOR MAYOR:

A nomination by Commissioner Detwiler for Commissioner Graf to serve as Mayor. Mayor Hlavachick questioned if there were any other nominations for Mayor. Commissioner Skaggs nominated Commissioner Taylor as Mayor. With no other nominations on the table, Mayor Hlavachick closed the nomination process. City Clerk Kramer was asked to take a roll call vote: Commissioner Detwiler-Graf; Commissioner Taylor-Taylor; Mayor Hlavachick-Taylor; Commissioner Skaggs-Taylor; Commissioner Graf-Graf. The Clerk noted that the vote was three in favor of Commissioner Taylor and two votes for Commissioner Graf. Mayor Taylor took his place at the dais as the Mayor for 2011/2012.

2. NOMINATION FOR VICE-MAYOR:

A nomination by Commissioner Skaggs for Commissioner Hlavachick to serve as Vice-Mayor. Mayor Taylor asked for other nominations for Vice-Mayor. Commissioner Graf nominated Commissioner Detwiler as Vice-Mayor. Mayor Taylor closed the nominations and requested the Clerk to take a roll call vote: Commissioner Detwiler-Detwiler; Commissioner Hlavachick-Hlavachick; Mayor Taylor-Hlavachick; Commissioner Skaggs-Hlavachick; Commissioner Graf-Detwiler. The Clerk stated that the vote was three in favor of Commissioner Hlavachick as Vice-Mayor and two votes for Commissioner Detwiler.

3. DESIGNATION OF OFFICIAL CITY DEPOSITORIES – THE PEOPLES BANK, FIRST NATIONAL BANK, FIRST STATE BANK AND TRUST:

A motion by Commissioner Skaggs to approve The Peoples Bank, First National Bank and The First State Bank as the official City depositories. The motion was seconded by Commissioner Hlavachick and passed with three approved votes and two opposed votes by Commissioner Graf and Commissioner Detwiler.

4. DESIGNATION OF OFFICIAL CITY NEWSPAPER – THE PRATT TRIBUNE:

A motion by Commissioner Hlavachick to approve The Pratt Tribune as the official newspaper for the City of Pratt. The motion was seconded by Commissioner Skaggs and carried unanimously.

OPEN AGENDA:

• Sabotaged by police:

(*Note: Grammar is actual grammar used by Mr. Matei.)

Mr. Luca Matei addressed the Commission concerning his trouble with the police department. Mr. Matei commented that he got in trouble from the beginning with people who have no responsibility for themselves and others and the police built a case against him that went to court in 2006. Mayor Taylor questioned what the outcome of that was. Mr. Matei stated that it was tragic and he is now labeled a sex offender.

Mr. Matei stated that the police, attorneys and judge all cover one another and he could not convince them to drop the case before court. Mr. Matei commented that he had asked Judge Schmisseur and Jan Jorns to throw the case out, but they would not. Mr. Matei stated that he had fought with Mr. Black, because he could not understand how you could lose when you were not guilty. Mr. Matei added that no one in Kansas would help with an appeal. Mr. Matei commented that he lost money, was sabotaged by the police and people laughed in his face.

Mr. Matei stated that justice was corrupt and the Government was kind of lying, but they knew what they were doing, so he lost. Mr. Matei commented that he came to this City because the standing was very high and there were honest hard working people, but at the same time, we are betrayed by representatives. Mr. Matei explained that he had talked with the paper and the Eagle paper and they would not touch the subject. Mr. Matei commented that he is an immigrant that does not speak very good English, so in America, he has no chance. Mr. Matei stated that he had asked for addresses of tenants that screw him up and the City would not give them to him. Mr. Matei concluded that lawyers were the problem of America and the laws in America screw everybody.

CONSIDERATION AND APPROVAL TO WAIVE THE MUNICIPAL BUILDING FEES ON JULY 9TH FOR ‘PRATT EXTRAVAGANZA’:

Ms. Rita Hansen addressed the Commission concerning the waiver of Municipal Building fees on July 9th when the Epsilon Pi Chapter has their craft summer extravaganza. Ms. Hansen explained that half of the money raised would go back into the community. Mayor Taylor questioned what the cost of the building would be. Recreation Director Bruce Pinkall commented that it would probably be around $150. Commissioner Skaggs questioned if there were a lot of groups that request the fees be waived. Mr. Pinkall commented that there were some craft fairs and the Pilot Club chicken noodle dinner where the fees are waived, but it is a case by case decision. Commissioner Skaggs questioned if there was not a policy for when the City waives fees and when they do not. Commissioner Hlavachick answered that they usually come to a Commission meeting to request it.

After little more discussion, a motion by Commissioner Skaggs to waive the fee on July 9th for the Epsilon Pi Chapter’s ‘Pratt Extravaganza’. The motion was seconded by Commissioner Detwiler and carried unanimously.

CONSIDERATION AND APPROVAL OF THE LEASE AGREEMENT BETWEEN THE SR. CITIZENS ORGANIZATION AND THE CITY OF PRATT:

City Attorney Ken Van Blaricum commented that the City Clerk and he had been looking through leases and contracts with various entities and the Senior Citizens was one that needed looked at. Mr. Van Blaricum explained that the lease agreement with the Senior Citizens Organization had been approved in 2000 as a two year lease and not looked at since then. Mayor Taylor questioned if it had an automatic renewal that went into play. Mr. Van Blaricum stated that that was how it worked, but it was a good idea to update paper work on a regular basis.

Mr. Van Blaricum commented that he had taken the 2000 lease and dressed it up, but the provisions were the same. Mr. Van Blaricum stated that City Clerk Kramer had informed him that the Senior Citizens Organization had already signed the agreement. Mayor Taylor asked if the cost to lease the facility was to pay the utilities. Mr. Van Blaricum stated that that was correct and there was no rent. Recreation Director Pinkall commented that City maintenance staff clean the restrooms and do other maintenance when needed. Commissioner Skaggs stated that the kitchen area of the agreement was a little vague and asked if it was a 50/50 deal. Mr. Pinkall stated that they provide the equipment and we do the maintenance unless it is beyond the ability of the maintenance staff.

Mr. Van Blaricum pointed out that the Senior Citizens are responsible for the personal property insurance and the City is responsible for liability insurance. Mayor Taylor commented that it was very necessary to carry liability insurance.

A motion by Commissioner Hlavachick to approve the lease agreement with the Senior Citizens Organization. The motion was seconded by Commissioner Skaggs and carried unanimously.

CONSIDERATION AND APPROVAL OF THE BUDGETED PURCHASE OF A CRACK SEALING POT:

Public Works Director Russell Rambat commented that the crack sealing pot was used on the City streets, bricks and highway and the unit used now was 20 years old. Mr. Rambat added that the unit had been rebuilt several times and there were no safeties on it.

Mr. Rambat stated that there had been money put back for several years for this and they had sent out three bids and received three bids back. Mr. Rambat explained that the bid from Pavement Maintenance Supply was $35,898, Denver Industrial Sales and Service Company’s bid was $46,331.88 and Sasco Pavement Coatings bid $43,279. Mr. Rambat stated that these units all met specs and his recommendation would be to go with Pavement Maintenance Supply in the amount of $35,898.

Mr. Rambat explained that the old unit was like a roofing unit that had a small kettle, but the new unit would have a gun and safety controls and does not have any open flame. Mr. Rambat added that this would do a neater job of sealing. Mayor Taylor repeated that this was an item that had been in the budget for several years. Mr. Rambat stated that was correct. Commissioner Skaggs asked if these were all the same brand. Mr. Rambat explained that there were people that deal with them in your territory and some were outside the territory so other costs become involved. Commissioner Skaggs commented that out of State vendors know that the Kansas vendor is going to get the bid. Mr. Rambat stated that they did.

A motion by Commissioner Hlavachick to approve the purchase of a crack sealing pot from Pavement Maintenance Supply for $35,898. The motion was seconded by Commissioner Graf and carried unanimously.

CONSIDERATION AND APPROVAL OF RESOLUTION AUTHORIZING SIGNATURES FOR THE CITY ON WASTEWATER PLANT IMPROVEMENT DOCUMENTS:

City Attorney Van Blaricum stated that the State of Kansas has a law called the Kansas Water Pollution Control Revolving Fund Act and that was a mechanism by which the State can loan money to municipalities for making certain improvements and they have authorized the making of loans for sewage treatment facilities. Mr. Van Blaricum explained that, in order for us to apply, we have to authorize the City Manager to apply for a loan and the City Clerk to aid in furnishing documents on behalf of the City.

Mr. Van Blaricum stated that this resolution authorizes the City Manager to apply and the City Clerk to furnish the necessary documents so that we can qualify for a loan to improve our sewage treatment facilities. Mayor Taylor commented that we had taken advantage of the revolving loan before for the wastewater treatment facility. Mr. Van Blaricum stated that was correct. City Manager Howard added that we had also done so for water.

Commissioner Detwiler questioned how long the City had to repay the loan. Mr. Howard stated that he thought it was for twenty years. Commissioner Detwiler asked what the interest rate was on this loan. Mr. Howard stated that it was 3.8%. Commissioner Detwiler then questioned the amount of the loan. Mr. Howard stated that it was for $1.642 million as stated in the letter that was in the packet. Commissioner Skaggs asked Mr. Howard to explain the forgiveness of $656,800. Mr. Howard stated that half of the loan is a grant and explained that they give you the whole loan and forgive part of it. Commissioner Skaggs questioned if we were only paying interest on the other half. Mr. Howard stated that that was correct. Commissioner Detwiler questioned if we ever made an effort to pay it off more quickly than we have to. Mr. Howard stated that we can and we had been putting aside money for the wastewater improvements for about six years. Mr. Howard added that the City had about $750,000 put back and we use that to make the monthly payments and pay it off when we decide to do that. Mayor Taylor commented that this had been discussed at earlier meetings. Mr. Howard commented that Commissioner Detwiler may have been on the Commission when we started putting money aside. Commissioner Detwiler questioned if there was anything preventing the City from paying it off early if we chose to do so or if we were obligated to carry it for a certain time. Mr. Howard answered that there was not and we have the money, but the plan was to pay the debt down and then pay it off, which would be a decision that would come before the Commission.

Commissioner Skaggs requested Mr. Howard go over the improvements for the new constituents. Mr. Howard commented that we now have anaerobic digesters that treat the sludge without oxygen and one of those digesters would be converted to use air. Mr. Howard stated that the problem now was that we land apply the sludge and it is hard to get into the fields when the weather is bad. Mr. Howard added that if you cannot dispose of the sludge, you have to recirculate it throughout the plant and that takes away the efficiencies. Mr. Howard explained that we are permitted by the State and EPA guidelines (NPDS permit) where we discharge into the Ninnescah River and you jeopardize that permit the more you have to recirculate the sludge. Mr. Howard commented that you do not want to violate the permit in wastewater especially when you have Wildlife and Parks and the lake downstream.

Mr. Howard stated that the belt press would allow us to pull the sludge out, get the water out of it and haul it to the landfill and dispose of it as waste. Public Works Director Rambat added that it reduces the liquid down to a few pounds of solids and it is much easier to handle. Mr. Howard explained that what you take to a field is 96% liquid and 4% actual solids. Mayor Taylor commented that you can only put so much on a field at a time. Mr. Howard agreed and added that we are having difficulty finding people that are close.

A motion by Commissioner Hlavachick to approve Resolution 041811. The motion was seconded by Commissioner Skaggs. Commissioner Skaggs asked when all of this would be completed. Mr. Howard stated that when the loan was approved, construction could start this July or August with a year to complete. Mr. Rambat added that you have processes in place to do certain things; therefore, you have to subsidize that process to keep the plant running and in operation. Mr. Howard commented that that slows the process down and we would not violate the permit while we are under construction. With no further discussion, the motion passed unanimously.

CONSIDERATION AND APPROVAL OF THE APPOINTMENT OF DIRECTOR #1 ON THE KMEA BOARD OF DIRECTORS:

City Manager Howard commented that KMEA was one of the utility agencies that we belong to and they provide us with a good amount of electricity. Mr. Howard stated that he was currently the Executive Vice-President of the Board and being a member of KMEA entitles the City to have two board members. Mr. Howard explained that Commissioner Hlavachick had been a primary member of the board for many years and he was well respected and had only missed one meeting. Mr. Howard stated that they would like to have him back on the board for another term. Commissioner Hlavachick stated that he would like to continue on the board and they do provide a lot of benefits.

A motion by Commissioner Skaggs to reappoint Commissioner Hlavachick for Director #1 on the KMEA Board of Directors for a two year term. The motion was seconded by Commissioner Hlavachick and carried unanimously.

CONSIDERATION AND APPROVAL OF APPOINTMENT TO THE PRATT AIRPORT AUTHORITY BOARD:

City Manager Howard commented that there were two seats open on the Airport Authority Board and Mr. Steve Maechtlen was willing to serve an additional term and Mr. Rex Johnston from Stanion Wholesale Electric was willing to fill the expired term of Dr. Seth Thibault. Mr. Howard explained that the Airport Authority Board was its own board and they operate the airport. A motion by Commissioner Hlavachick to approve the two nominees for the Airport Authority Board. The motion was seconded by Commissioner Detwiler and carried unanimously.

REPORTS:

Public Works:

• Pool getting ready:

Public Works Director Rambat commented that the pool was getting ready for summer and that Ms. Tracy Trimpe and her staff would be painting soon.

• Slurry Seal:

Mr. Rambat stated that he had been walking some streets for sidewalk and street repairs that need done during the slurry seal project this summer.

• Main Street project:

Mr. Rambat commented that he was keeping his eye on the Main Street project and they were in the 1st block of Main Street and all the service lines were in. Mr. Rambat stated that they would be starting to put the holes back in and then they would have to shut down and abandon the main early one morning and valve off the old line west of KFC and cut it. Mr. Rambat explained that they then would be able to come down to the south end at Sixth Street and Main Street and shut the valve down. Mr. Rambat added that they would go for a day to make sure they have them all. City Manager Howard commented that they were ahead of schedule.

Mr. Rambat commented that they would be opening bids on April 20th for the KDOT project for Main Street itself and that project could not start any sooner than June 1st. Mr. Howard explained that as soon as KDOT selects the contractor, the City would schedule a meeting with the downtown merchants and develop time lines. Commissioner Skaggs asked if they were going to start at the north or south end. Mr. Howard stated that that had not been decided, but it should come out pretty quick. Mr. Howard added that that would depend on the contractor and what type of equipment he has. Commissioner Skaggs questioned if we were required by law to take the lowest bid. Mr. Howard stated that it would be KDOT that accepts the bid, but they probably would since these were contractors that they have done business with before.

Mayor Taylor commented that it would be ideal if it could start after the Miss Kansas events. Mr. Howard stated that there have been two routes discussed for that and Mr. Pinkall had talked to the downtown merchants and they want to get started as soon as possible. Mayor Taylor commented that the prior work that has been done will help make it flow a lot quicker. Mr. Howard added that it will be just a road project without any water to deal with.

Commissioner Skaggs asked if we would be abandoning the old water main. Mr. Howard answered that they would be abandoning it and leaving it in place. Mr. Rambat explained that they would be going in and pulling out the concrete around the fire hydrants, break them off at the shoes, get them out and replace the concrete.

Commissioner Skaggs asked what the long range plans were for North Main Street. Mr. Howard stated that the plan was to do railroad track to railroad track and replace the busted up brick. Mr. Howard commented that there was some State funding in 2014 that could do the 24’ in the middle, but that would come before the Commission to decide whether to work on the north or south side. Commissioner Skaggs questioned how they were going to do a new water main if they were only doing the center 24’. Mr. Rambat stated that they were hoping to work around that, because the North Main Street main would be out on the very edge of the 12’ center line, so they may get by without having to do that. Mr. Rambat added that when you have to replace the utilities, it increased the cost of the project. Mr. Howard explained that you want to have the water main be under the bricks. Commissioner Skaggs asked how they would be able to tuck a new main in without tearing up the bricks. Mr. Rambat explained that in a utility cut, you only take out what you need and then put it back. Mr. Howard added that if the water mains were six feet deep there may be problems, but these were only about three feet deep.

Mr. Howard added that it had not been engineered yet, but he did not think there was a need to do a curb to curb project. Commissioner Skaggs clarified that there would be nothing done before 2014. Mr. Rambat stated that was correct. Mr. Rambat added that he had just received the packet for 2013 KLINK projects and 2015 Geometric Improvements.

Electric Department:

• Power Plant:

Director of Electric Utilities Kelly Hemphill informed the Commission that the pipeline project had been completed.

• Line Department:

Mr. Hemphill commented that the line gang had been working on the feeder project and it was about 75% complete.

• Storm outages:

Mr. Hemphill commented that, during the high winds last week, there were very few outages, if any, that were caused by tree limbs. Mr. Hemphill added that they would continue with the tree trimming and they appreciated the cooperation of the public.

Recreation Department:

• School community service:

Recreation Director Bruce Pinkall commented that Liberty Middle School had been to the parks to do their community service by picking up limbs. Mr. Pinkall explained that it makes it easier to mow without all of the limbs that were on the ground.

• Fence at Angood Field:

Mr. Pinkall informed the Commission that the fence at Angood Field had blown over during last week’s winds. Mr. Pinkall commented that the college has home games, so we need to get the fence up as soon as possible. Mr. Pinkall added that Mr. Ron Hill and the college softball team would be providing the labor.

City Clerk/Utility Billing:

• Auditors:

In the absence of Finance Director Diana Garten, City Clerk Kramer informed the Commission that the auditors would be here at the end of the week to finish up our 2010 audit.

Commission:

• Cameras, Cages, & Tasers:

Commissioner Graf questioned how much drug money the police department had. Mr. Howard commented that he thought it was about $225,000. Commissioner Graf explained that he had witnessed an altercation with a police officer, whom had done an excellent job. Commissioner Graf added that the guy was three times as big as the officer and he suggested that this money be used to protect the officers by equipping them with cameras and cages in their cars and tasers.

City Manager Howard commented that he had visited with former Police Chief Steve Holmes about cameras, but the tapes from those cameras have to be kept in a secure place when they come back to the station. Mr. Howard explained that he was not opposed to tasers, but it would be a matter of time before the City was sued because of the use of them. Mr. Howard added that he would walk into tasers with caution and put a lot of thought into it. Commissioner Graf commented that tasers protect the officer and the person and was better than shoot to kill. Mr. Howard stated that tasers kill as well. Commissioner Graf stated that he felt this should be addressed and that the officers do not work for much money and we do not want one to be killed and not know who did it. Commissioner Graf added that cameras would show who did it. Mr. Howard repeated that the cameras could have been done a long time ago, but the tapes had to be in a secured place or a defense attorney could tear it apart. Mr. Howard commented that he was not opposed to tasers, but it deserved a lot of discussion.

Commissioner Skaggs questioned if we use the policy of a back-up police car. Acting Chief Myers commented that the department has three officers on staff per shift. Commissioner Skaggs asked Commissioner Graf if a second car had not shown up. Commissioner Graf stated that there were three guys there to arrest and one officer by himself. Acting Chief Myers explained that this incident happened while the other officers were on a call across town and if other officers are tied up, supervisors are called out, which is why they have take home cars.

Mr. Howard commented that Acting Chief Myers had planned on doing a demonstration on tasers and get some facts put together and we need to educate ourselves before jumping into it. City Attorney Van Blaricum commented that cameras are used in highway patrol vehicles and they have been a good deal. Mr. Howard stated that that could have been started anytime and it had been planned with retired Chief Holmes to have them installed in any new vehicles. Acting Chief Myers commented that there are several types out there that take dvd disc or media cards and cannot be altered by the officer. Acting Chief Myers stated that he had been in contact with at least three vendors and the cameras run continuously and are activated when you turn on the red lights. Acting Chief Myers added that what most people do not know is that the cameras have already recorded about thirty seconds of time before the lights are turned on. Commissioner Skaggs questioned if the $225,000 would buy the camera system. Acting Chief Myers stated that it would be more than enough.

Commissioner Detwiler questioned the cages for the police vehicles. Mr. Howard explained that that should have been done a long time ago. Acting Chief Myers commented that they do make ½ cages and, with smaller patrol cars, there are limitations on interior space.

• Request for an executive session:

Commissioner Detwiler requested an executive session for non-elected personnel.

• Meeting time change:

Commissioner Detwiler commented that the 5:00 p.m. meeting time was inconvenient for the community and working people cannot make it at 5:00 p.m. Commissioner Detwiler added that she had brought this up several years back. Commissioner Detwiler made a motion to have the meetings at 7:00 p.m. to make it more convenient. The motion was seconded by Commissioner Graf.

Commissioner Hlavachick commented that he had been on the Commission since 1995 and when they met at 7:30 p.m., they were there until 10:30 p.m. or later and no one showed up. Commissioner Hlavachick stated that it had been that way forever and nobody showed up unless they had something specific and then it does not matter when the meeting is, because they will be there. Commissioner Hlavachick stated that he did not see changing it.

Commissioner Skaggs commented that people do have to work until 5:00 p.m., so he would entertain a 5:30 p.m. time to make it easier to get here. Commissioner Skaggs added that he felt that 7:00 p.m. was too late, because the staff would have to go home and come back.

Mayor Taylor stated that when the meetings were at 7:00 p.m., people did not come when the weather was nice because they may be in the middle of something and, in the winter, they did not want to get out. Mayor Taylor added that the 5:00 p.m. meeting time has brought out more people and if they could not make it on time, we move them on the agenda. Mayor Taylor explained that coming to the meetings would be like making it on time to a doctor’s appointment or an appointment with an attorney. Mayor Taylor added that there is no one out in the audience that has business on a regular basis every other week and if it was moved to 5:30 p.m., you would have City employees milling around waiting for 5:30 p.m. when they get off at 5:00 p.m. and he saw no reason to change it.

Commissioner Detwiler amended her motion to a 5:30 p.m. meeting time. Commissioner Graf seconded the amendment.

Commissioner Skaggs asked if the audience had any comments. Ms. Cecilia Peltier commented that she respected the experience of Mayor Taylor and Commissioner Hlavachick and she felt that the Commission had an obligation to be concerned about the City employees who get off at 5:00 p.m. Ms. Peltier added that it was hard to go home and come back at 7:00 p.m. Former Commissioner Glenna Borho commented that she had been on the Commission for 21 years and most of those meetings were at 7:00 p.m. Ms. Borho added that, on nights that there was a long agenda, they would get home at 10:30 p.m. or 11:00 p.m. Ms. Borho stated that she felt that 7:00 p.m. was too late to start. An audience member commented that the Commission should give it a chance and see what happens and it could always be changed back to 5:00 p.m. Another audience member asked if the staff was required to be at the meetings. City Manager Howard stated that the City Manager and City Clerk are required staff to be at the meeting. Commissioner Skaggs asked if the staff was being paid overtime. Mr. Howard answered that some were and some were not.

Mr. Ted Loomis questioned if it was proper procedure in a meeting like this to have a motion taken and seconds taken during reports and he felt that it should be under the main agenda. City Attorney Van Blaricum commented that it was unusual to entertain a motion, but it was up to the Commission. Mr. Van Blaricum stated that the motion and second can be tabled by the Mayor so that there is time to think about it. Mayor Taylor stated that last time the Commission covered a non-agenda item and voted on it, it caused a great amount of controversy; therefore, Mayor Taylor stated that the meeting time would be tabled and put on the next agenda. Mr. Howard questioned if you can do that if there is a motion and second on the table. Mr. Van Blaricum stated that you just pick up where you left off.

• Unsigned letter to Commissioners:

Commissioner Hlavachick stated that Commissioners Skaggs, Taylor and he had received an unsigned letter and he had taken his to the authorities. Commissioner Hlavachick added that he took this unsigned cowardly letter as a threat and asked that it be recorded into the minutes. Commissioner Hlavachick read the letter as follows:

‘Commissioners Skaggs Taylor Hlavachick. WE ARE COMING TO GET HIM. THE MEETING MONDAY WILL BE PACKED AND SO WILL ALL THE FUTURE ONES. YOU BETTER PLAN TO MOVE IT TO A BIGGER BUILDING! YOU BETTER GET RID OF YOUR CITY MANAGER NOW. WE DON’T WANT HIM HERE. THIS IS OUR TOWN NOT HIS. YOU HAVE LET HOWARD RUN IT LONG ENOUGH GET RID OF HIM NOW BECOUSE WE WILL KEEP COMING AND YOU CANT STOP US WE WILL ALL BE THERE INCLUDING PETE WILSON’

Commissioner Hlavachick stated that he felt compelled to get this into the minutes and he was stressed by it. Commissioner Hlavachick commented that he had given 15 years of his life to this City and he did not like the tone and cowardly part of it. Commissioner Hlavachick added that if you have something to say, say it. Commissioner Hlavachick concluded by stating that he was sure that 90% of the people here are in support of the Commission, the City and what the City Manager Dave Howard has done. The statement was met by applause from the audience. Commissioner Hlavachick thanked the audience.

Executive Session:

Mayor Taylor made a motion to enter into executive session to discuss non-elective personnel to last 15 minutes with no action taken. The motion was seconded by Commissioner Hlavachick. City Manager Howard asked if he was to attend this session. Commissioner Detwiler requested that it be just the Commission. Mayor Taylor asked the City Attorney if he should be in there. Commissioner Detwiler repeated that she wanted just the Commissioners. City Attorney Van Blaricum stated that he did not have to be and it was up to the Commission. Mayor Taylor stated that he would prefer that the City Attorney be in there. Commissioner Detwiler stated that she had requested an executive session with Commission only. Mayor Taylor asked if they have the right to have the City Attorney present. Mr. Van Blaricum answered that the Commission could vote to do that. Mayor Taylor requested the Clerk take a roll call vote on allowing the City Attorney to join the executive session. The roll call was as follows: Commissioner Graf-no; Commissioner Skaggs-yes; Mayor Taylor-yes; Commissioner Hlavachick-yes; Commissioner Detwiler-no. By a majority of the votes, the City Attorney was allowed to attend the executive session.

• Question from audience before executive session:

Ms. Cecilia Peltier questioned the letter, that she had found appalling, and why Commissioner Detwiler and Commissioner Graf did not receive a copy. Commissioner Detwiler commented that she had also received a letter signed by a Mr. Pete Wilson. Ms. Peltier commented that this one had their names on the top and she did not understand why the other two had not received one. Commissioner Detwiler stated that she did not understand that either. Commissioner Graf stated that he did not think that Ms. Peltier should point a finger at him. Ms. Peltier commented that she was not and she was just asking a question. Commissioner Graf angrily stated that he was telling her right up front that he had nothing to do with it. Commissioner Graf continued stating that he did not even know about the letter and asked Ms. Peltier to not start in here pointing fingers and he had just told her what he had to say. Ms. Peltier commented that she had just asked a question. Commissioner Detwiler commented that she had a letter that everyone who had her sign in their yard received and it was directed at her and Mr. Burrell. Ms. Peltier stated that she was asking about the one that was just read.

Return from executive session:

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

ADJOURN:

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


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JEFF A. TAYLOR, Mayor



(SEAL)

ATTEST:

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LUANN KRAMER, City Clerk