1/21/13-Approved City Commission Meeting Minutes

MONDAY

January 21, 2013

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

PRESENT:

Bill Hlavachick, Mayor

Jeff Taylor, Commissioner

Gary Skaggs, Commissioner

Karen Detwiler, Commissioner

Lucus Kumberg, Commissioner

ALSO PRESENT:

Dave Howard, City Manager

LuAnn Kramer, City Clerk

Ken Van Blaricum, City Attorney

Diana Garten, Finance Director

Russell Rambat, Public Works Director

Gary Myers, Chief of Police

Brad Blankenship, Building Inspector

Kelly Hemphill, Dir. of Electric Utilities

Bruce Pinkall, Recreation Director

CALL TO ORDER:

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

INVOCATION AND PLEDGE OF ALLEGIANCE:

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

MINUTES:

Commissioner Taylor made a motion to approve the minutes of the January 07, 2013 regular Commission meeting. The motion was seconded by Commissioner Detwiler and carried unanimously.

BUSINESS:

CONSIDERATION AND APPROVAL OF CONTRACT OF SALE WITH INTERSTATE HOLDINGS, LLC:

A. RESOLUTION 012113 - RESOLUTION OF SUPPORT FOR AN AFFORDABLE HOUSING DEVELOPMENT BY MRE CAPITAL, LLC

City Manager Dave Howard introduced Mr. Jacob Mooney with MRE Capital, LLC and explained that he was interested in developing the land north of the Green Sports Complex. Mr. Howard stated that this process was in the preliminary stages, but there was a resolution that had to be approved by February 1st, so this was the only meeting that that could be done.

Mr. Mooney commented to the Commission that his partner and he were from the Kansas City area and he had attended K-State, heard about the hot and cold water towers and pizza tacos, so he was somewhat familiar with Pratt. Mr. Mooney stated that Pratt had turned in a positive way with all the oil happenings and they were interested in doing a three phase project in Pratt that would start with apartments. Mr. Mooney stated that the apartments would be three two story buildings with forty-eight units. Mr. Mooney explained that the drawing he had provided was a guide and was not a final layout.

Commissioner Taylor questioned if we were going to keep any property. Mr. Howard explained the layout of the property and pointed out the big drainage area. Mr. Mooney stated that they were willing to buy what the City decided they wanted to sell. Mr. Mooney commented that the Resolution states the basic ideas, but there were a lot more steps before shovels were in the ground. Mr. Mooney added that they would like to start construction in late summer or early fall. Mayor Hlavachick questioned if it would cover the entire area. Mr. Howard answered that the resolution had twenty-five acres, but it was showing fifteen to sixteen acres so we would have to see how the City feels about the commercial piece. City Attorney Ken Van Blaricum clarified that the resolution encourages the housing development up to the twenty-five acres.

Commissioner Taylor questioned if they were to act on the contract tonight. Mr. Howard stated that the contract would be modified tonight and that this was just the starting point since this was the only meeting before it needed to be submitted. Mr. Mooney added that the application had to be submitted by February 1st and then we wait. Mr. Mooney stated that they would come back if the application was approved and they would then work on zoning and permitting. Mr. Mooney commented that he had just come in to see if this was good idea or not. Mr. Howard stated that the land would need to be annexed into the City and the proposed zoning would fit the general idea.

Commissioner Detwiler questioned if the legal description in the resolution was sufficient. Mr. Mooney commented that they would need a legal description, but they would need permission to move forward with the contract first. Mr. Van Blaricum agreed that the resolution was acceptable without a detailed legal description. Mr. Van Blaricum added that the resolution states that MRE Capital, LLC intends to file a housing tax credit application with the Kansas Housing Resources Corporation for the development of affordable rental housing at the northwest corner of Fincham and east 6th Street. Mr. Van Blaricum continued pointing out that the resolution also stated that this will be new construction and would have amenities such as a fitness and game room, onsite management and a green area plus washer and dryer hook ups in each unit. Mr. Van Blaricum commented that the resolution would be effective until February 2, 2014.

Commissioner Kumberg asked if phase one included the forty-eight units. Mr. Mooney explained that this was what his company does and they own six other developments. Commissioner Taylor questioned if this was affordable rent housing for the low to moderate income. Mr. Mooney stated that it was more moderate and he explained that they participate in Section 42, which allows any subsidy to go to the developer and then they set the rent at $450/$500 plus utilities, which were paid by the tenant. Mr. Mooney explained that these were not intended for people who would be there for ten years, but were meant to be more transitional from moderate to market level.

Mr. Howard stated that the property had not been annexed or zoned and would have to be plated before anything would be approved. Mr. Mooney informed the Commission that they were not asking for any incentives. Commissioner Taylor questioned how that would affect property taxes. Mr. Mooney stated that they pay property taxes.

After little more discussion, the following Resolution 012113 was then presented to the Commission for their approval: A RESOLUTION OF SUPPORT FOR AN AFFORDABLE HOUSING DEVELOPMENT BY MRE CAPITAL, LLC. Commissioner Kumberg made a motion to approve Resolution 012113 in support of an affordable housing development by MRE Capital, LLC. The motion was seconded and carried unanimously.

B. CONTRACT OF SALE BETWEEN CITY OF PRATT AND INTERSTATE HOLDINGS, LLC.

Mr. Van Blaricum stated that the contract of sale was just for the Commission’s information and that it states that the City was interested in selling the property. Mr. Van Blaricum commented that he had spoken with their attorney and they were in agreement that they could work together to get a contract that everyone would be happy with. Mr. Howard added that Mr. Van Blaricum would do the negotiating, but the Commission would still have to approve it.

CONSIDERATION AND APPROVAL OF LOW BID FOR TRANSFORMERS FOR STOCK PURCHASE:

Line Distribution Superintendent Jamie Huber commented that they had gone out for bids for thirty-eight transformers for stock. Mr. Huber stated that they had received a quote back from Stanion Wholesale Electric for $53,855.36 with an 8-10 week lead time and Kriz-Davis bid $60,756.52 with a lead time of 6-8 weeks. Mr. Huber explained that he had looked over both quotes and he would recommend the low bid from Stanion Wholesale Electric. Mr. Huber explained that they had used up their stock this fall and winter, so they needed to restock their inventory. Commissioner Skaggs commented that he was surprised that we use that many transformers. Mr. Huber stated that they have projects scheduled and they would put the transformers that they take down back into stock.

Commissioner Taylor made a motion to approve the purchase of transformers from Stanion Wholesale Electric in the amount of $53,855.36. The motion was seconded by Commissioner Skaggs and carried unanimously.

CONSIDERATION AND APPROVAL OF APPOINTMENTS TO THE CEMETERY BOARD:

Public Works Director Russell Rambat commented that there were two positions on the Cemetery Board that would expire on February 1st. Mr. Rambat explained that Ms. Tonya Mantey and Ms. Lori Jones had been contacted and they were willing to serve an additional term. Mr. Rambat stated that he would recommend their reappointment, but was also open to any recommendations the Commission would have. After little discussion, Commissioner Skaggs made a motion to approve the two appointments to the Cemetery Board. The motion was seconded by Commissioner Kumberg. Commissioner Taylor asked if they attended the meetings regularly. Mr. Rambat stated that they were very involved. The motion and second carried unanimously.

DISCUSSION ON FEDERAL FUNDING AVAILABILITY TO WIDEN US HIGHWAY 54 & US HIGHWAY 281 TO ADD TURN LANES:

City Manager Howard explained to the Commission that the City had received a letter from KDOT offering the City federal funding and they were proposing turn lanes on Highway 54 and Highway 281. Mr. Howard stated that this would be 80/20 funding up to a maximum of $800,000. Mr. Howard added that this was a great idea and a great opportunity.

Mr. Howard commented that they were going to do the preliminary work if we were in agreement with the project. Mr. Howard added that this would relieve some of the stress on Jackson Street. Mr. Howard explained the potential construction to add the turn lanes. Commissioner Skaggs commented that the affect on parking would be a concern. Mr. Howard stated that this was something that we would have an opportunity to commit to or not. Commissioner Taylor commented that he was interested and that he thought it was a great idea. Mr. Howard reassured the Commission that there was interest, but we were not obligated and that it would take their approval before anything would be done.

CONSIDERATION AND APPROVAL OF 2014 KLINK PROJECT AGREEMENT:

Public Works Director Russell Rambat reminded the Commission that the City had been awarded the 2014 KLINK project back in August and that he had had EBH Engineering update their ‘Opinion of Probable Cost’ that includes replacing the full width of North Main Street from First Street north 40’ and narrowing to the standard 24’ to the intersection of Blaine Street.

Mr. Rambat stated that he would resubmit the application for the 2015 Geometric Improvement project for the remainder of North Main Street to the railroad tracks and, if we were selected, KDOT might allow the City to combine the two projects like we had on South Main Street to maximize our dollars. Mr. Rambat added that we would cross that bridge when we got there. Commissioner Kumberg made a motion to approve the agreement between KDOT and the City. The motion was seconded by Commissioner Taylor and carried unanimously.

OPEN AGENDA:

• Transformer approval:

Mayor Hlavachick reminded Mr. Luca Matei that there was a three minute limit and he had to discuss City matters only. Mr. Matei stated that he was amazed how fast the Commission approved the purchase of the transformers not knowing the quantity or size. Commissioner Skaggs stated that they were listed in their packet.

• Selling of copper wire:

Mr. Matei stated that someone had broken into his apartment and taken the copper wire and he questioned if a business should have records of who was selling the wire. Mr. Matei commented that it was impossible for the police to find out who did it. Commissioner Taylor commented that they have to sign a form when they do their recycling. Mr. Matei stated that this one did not. Mr. Howard stated that we could check to see what the law requires. Commissioner Skaggs stated that the City Attorney could investigate too.

REPORTS:

City Manager:

• Atrazine settlement:

Mr. Howard commented to the Commissioners that the City had been sent a check for $7,591.80 on the atrazine settlement; which was contamination of our ground water.

• Sandy Creek zoning:

Mr. Howard stated that the Planning and Zoning Board had approved the zoning of Sandy Creek Addition. Mr. Howard commented that the housing was R1and the three acre commercial property was zoned Commercial Highway. Mr. Howard explained that there had to be a twenty-five day waiting period between the Planning and Zoning meeting and the meeting where it would be presented to the Commission, so it should be before the Commission the second meeting in February. Mr. Howard stated that they would go out to bid to see what we get back.

• Airport wells:

Mr. Howard stated that Water Superintendent Kelvin Clay and he had met with the Airport Authority to talk about the water issues at the airport. Mr. Howard explained that there was an article in the paper about the contaminated well, but he clarified that both wells were contaminated and it was that the one well was contaminated with something worse than nitrates. Mr. Howard stated that we were getting close to pumping our allocated water rights out of that well and we were going to request that they combine the two wells to see what happens. Mr. Howard added that we were not expecting them to do it and the ultimate goal would be to get the City’s water out there.

Mayor Hlavachick questioned if the Department of Defense was out of the equation. Mr. Howard stated that KDHE continues to do testing, but if we exceed the pumping rights to that well, it would become an issue. Commissioner Kumberg asked what happens when you over pump a well. Mr. Howard stated that we would find out if it happened, but we were diverting some of the bulk water sales down to the City plant. Mr. Howard added that we lost eleven acre feet of water out there and it was not the City or the Airport’s fault. Commissioner Kumberg commented that, with the growth of businesses at the Airport, they were going to need to have water, so he questioned what an estimated cost to run water out there would be. Mr. Howard stated that we had been working with the Corp to run water out to one individual and that estimate was around $1 million to take it up to the airport and do away with the pump.

Commissioner Skaggs commented that the minutes from the Airport Authority stated that they do not want to give up those water rights to that well. Mr. Howard stated he had had a conversation with Airport Manager Reid Bell and he had told him that we were thinking about abandoning the contaminated well. Mr. Howard added that the Airport Authority Board took that as we wanted to abandon the water rights; which was not the case.

Mayor Hlavachick questioned if they still monitor the flume. Mr. Rambat stated that it had been a few years, but we do not usually get residential numbers unless they come out publically. Commissioner Kumberg confirmed that there would not be any issues attaching our water system to the airport and over pumping. Mr. Howard stated that that would not be an issue. Mr. Howard explained that we do not pump to full capacity even with the 800 acre feet contracted to the Ethanol Plant.

Commissioner Kumberg asked that the airport keep the Commission informed on this issue. Mr. Howard explained that the airport had the authority, but the City kept the responsibility of the water and sewer system. Commissioner Taylor commented that the hopes and expectations of the City were that the Federal Government would lay the line. Mr. Howard stated that there had been cases where they go in and correct it, but they will not admit that they were responsible.

Public Works:

• Drainage Ditch:

Public Works Director Rambat commented that the work on the drainage ditch on Sixth Street had started and was moving along nicely.

• Playground equipment:

Mr. Rambat informed the Commission that the play ground equipment at the South Park had been installed. Mr. Rambat added that they would be working with a contractor to install an ada ramp and 150’ of concrete. Mr. Rambat stated that the parks department had been working on the bathroom to make it a unisex bathroom and it was going to be nice when they finished. Mr. Rambat commented that he would compare dollars spent to dollars approved for this project and, if there was money left, he would look at an access off of Main Street and coming across west.

Electric Department:

• Overhead power lines moved:

Director of Electric Utilities Hemphill informed the Commission that Line Distribution had been working on moving the overhead power lines to underground near Waldeck.

• Withers Addition:

Mr. Hemphill stated that they were currently working at the Withers Addition building a new service primary for the businesses going out there.

• Maintenance:

Mr. Hemphill commented that the power plant continued their maintenance on the engines and both were capable of going on line.

Recreation Department:

• Blythe Fitness:

Recreation Director Pinkall stated that he had been working with Blythe Fitness for the last few months and had worked with them on the home school tournament this past weekend and the volleyball tournament this coming weekend. Mr. Pinkall commented that some of the assistance had come from Mr. Rambat who did the brackets for the tournaments and he (Mr. Pinkall) had coordinated the facilities for the volleyball games between Blythe Fitness and the High School. Mr. Pinkall informed the Commission that we would start playing our youth basketball at Blythe Fitness this Saturday.

Commissioner Detwiler questioned if there was a charge associated with using the courts. Mr. Pinkall stated that they had not billed him yet, but there would probably be a small fee, possibly $25. Mr. Pinkall added that he would know more when they figure out how many hours we would be there.

• NBC Tournament:

Mr. Pinkall stated that we had been awarded the 12 and Under NBC Tournament this summer. Mr. Pinkall added that American Legion Organization had announced that we would be hosting the AA Midwest Regional and AA State. Mr. Pinkall commented that the State tournament starts July 31st and goes for four days and the Midwest Regional Tournament starts the weekend after that. Mr. Pinkall stated that Nevada, Nebraska, Minnesota, North and South Dakota and Michigan had attended the Midwest Regional’s the last time we hosted. Mr. Pinkall commented that he would have to secure lodging and have options, which would be done in the next few weeks.

Police Department:

• Mandatory training:

Police Chief Gary Myers informed the Commission that his department had attended a mandatory training with USD 382 to formulate a contingency plan response to an active shooter. Chief Myers stated that they toured both high schools, middle school, Southwest and the administrative offices. Chief Myers commented that they were prepared, but hoped that they never had to use it.

Finance Department:

• Donation:

Finance Director Garten informed the Commission that the City had received a donation from Ms. Mary Jo McCoy, who was a relative to Mr. Blake Himmelwright. Ms. Garten stated that the donation was for $30,000 and was to be used for upgrades, improvements and maintenance to Lemon’s Park.

Ms. Garten commented that Mr. Himmelwright informed her that Ms. McCoy lives in California, but was raised here. Ms. Garten added that Ms. McCoy was handicapped and did not get back here very often. Ms. Garten stated that Mr. Himmelwright thought it would be a nice gesture to thank her with a gold key to the City. Commissioner Taylor questioned if she would be here anytime. Ms. Garten stated that, in talking to Mr. Himmelwright, it did not sound like it. Mr. Howard stated that he had been working with Mr. Himmelwright on a plan to put a water system in the park to keep a big part of the park green in the summer time and also tree replacement. Mr. Howard added that Mr. Rambat, Park Superintendent Eckhoff, and Mayor Hlavachick were the unofficial committee working on this.

Mayor:

• Executive Session:

Mayor Hlavachick requested an executive session for attorney/client privilege to discuss real estate and to last ten minutes. Mayor Hlavachick stated that he would make that motion at the end of the meeting.

Commission:

• Sidewalk damage:

Commissioner Detwiler questioned if Mr. Rambat was aware of the sidewalk damage done by the concrete trucks. Mr. Rambat stated that he was and it would be addressed when the project was done.

• Sign lowered:

Commissioner Detwiler commented that she had driven down Santa Fe Road and she did not think that people were seeing the speed limit signs. Commissioner Detwiler questioned if they could be lowered. Mr. Rambat stated that he would check on that.

• Crosswalk marked:

Commissioner Detwiler commented that she would still like to see a crosswalk marked across Santa Fe Road.

• Pedestrian sign:

Commissioner Detwiler questioned if Mr. Rambat had looked at moving the Pedestrian sign in Lemon’s Park. Commissioner Detwiler suggested that it could be put back in the park a little bit.

• Landscaping Ordinance:

Commissioner Taylor questioned if the Landscape Ordinance was about done. Building Inspector Blankenship stated that he had not put it before the Planning and Zoning Board, but would in the quick future.

Executive Session:

Mayor Hlavachick made a motion to go into executive session for attorney/client privilege for ten minutes to discuss real estate. The motion was seconded by Commissioner Taylor and carried unanimously.

Mayor Hlavachick made a motion to return from executive session with nothing to report. The motion was properly seconded and carried unanimously.

ADJOURN:

Upon proper motion, the meeting was adjourned.

________________________________

BILL D. HLAVACHICK, Mayor

(SEAL)

ATTEST:

___________________________________

LUANN KRAMER, City Clerk

02/04/2013 City Commission Meeting Agenda

MONDAY

FEBRUARY 04, 2013
PRATT CITY COMMISSION – REGULAR COMMISSION MEETING
COMMISSION ROOM – 5:00 P.M.

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

2. ROLL CALL

3. INVOCATION & PLEDGE OF ALLEGIANCE

4. MINUTES – January 21, 2013 Regular City Commission Meeting

5. BUSINESS:

5.1 Consideration and Approval of Resolution 020413 Concerning Application for Use of KDOT Transportation Enhancement Funds – Bruce Pinkall, Recreation Director; Enhancement Committee

5.2 Consideration and Approval of the Contract of Sale Between the City of Pratt and Interstate Holdings, LLC – Ken Van Blaricum, City Attorney

5.3 Consideration and Approval of Ordinances Increasing Service Late Fees – Ken Van Blaricum, City Attorney

1. Ordinance 1301 – Water Service Late Fee Increase
2. Ordinance 1302 - Solid Waste Late Fee Increase
3. Ordinance 1303 – Sewer Service Late Fee Increase

5.4 Consideration and Approval of Ordinance 1304 Authorizing the Second Amendment to the Loan Agreement Between City and KDHE – Ken Van Blaricum, City Attorney; Dave Howard, City Manager

5.5 Discussion on Joint City/County Meeting – Dave Howard, City Manager

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

7. REPORTS

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

8. ADJOURN

01/07/2013-Approved City Commission Meeting Minutes

MONDAY

January 07, 2013

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

PRESENT:

Jeff Taylor, Vice-Mayor
Gary Skaggs, Commissioner
Karen Detwiler, Commissioner
Lucus Kumberg, Commissioner

ALSO PRESENT:

Dave Howard, City Manager
LuAnn Kramer, City Clerk
Ken Van Blaricum, City Attorney
Diana Garten, Finance Director
Russell Rambat, Public Works Director
Gary Myers, Chief of Police
Brad Blankenship, Building Inspector
Bruce Pinkall, Recreation Director

CALL TO ORDER:

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

INVOCATION AND PLEDGE OF ALLEGIANCE:

Vice-Mayor Taylor led the staff and audience in the Invocation and Pledge of Allegiance.

MINUTES:

Commissioner Kumberg made a motion to approve the minutes of the December 17, 2012 regular Commission meeting. The motion was seconded by Commissioner Detwiler and carried unanimously.

BUSINESS:

EXECUTIVE SESSION FOR ATTORNEY/CLIENT PRIVILEGE TO LAST 10 MINUTES (REQUESTED BY KEN VAN BLARICUM, CITY ATTORNEY):

Vice-Mayor Taylor made a motion to enter into an executive session requested by City Attorney Van Blaricum for attorney/client privilege to last ten minutes. The motion was seconded by Commissioner Kumberg and carried unanimously.

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

WASTEWATER TREATMENT FACILITY UPGRADE:

A. Consideration and Approval to Submit a Loan Amendment to KDHE Increasing the Loan Amount for the Wastewater Treatment Facility Upgrade.

B. Consideration and Approval to Award APAC Kansas – Shears Division the Wastewater Treatment Facility Upgrade Project Bid; Subject to KDHE Approval.

C. Consideration and Approval of Amendment No. 1 to the EBH Contract for the Wastewater Treatment Facility Upgrade; Subject to KDHE Approval.

EBH Engineer Alan Luttrell stated that there were three items that needed to have the Commission’s approval concerning the Wastewater Treatment Facility Upgrade project. Mr. Luttrell explained that bids were received for the project and the low bid was APAC Kansas – Shears Division for $2,768,702; therefore, that amount had to be added into the loan amount. Mr. Luttrell commented that they do not know the condition of the digester, so they do not know how to address that. Mr. Luttrell stated that you need to have a contingency, because KDHE wants to only do a loan amendment once and then again when the project has been completed.

Mr. Luttrell commented that there was substantially more work after the EPA audit and they were upgrading the controls, working on the holding pond, adding a building and getting covers to help keep the algae down. Vice-Mayor Taylor questioned what the original amount of the loan was. Mr. Luttrell stated that it was $1,642,000. Mr. Luttrell reminded the Commission that there would be a loan forgiveness of $656,800, but you have to borrow the whole amount and that adjustment would be made at the end of the project. Commissioner Kumberg questioned the 31% increase in construction and 42% in financial costs from the original cost. Mr. Luttrell explained that you had to take into account that you would be paying interest on the money borrowed while it was under construction. Mr. Luttrell added that would be about $55,000 on a year’s construction, but APAC Shears had said that it would take eight to nine months. Mr. Luttrell commented that he had given the contractor a year for the project, but he had reduced it by APAC’s schedule, which reduced it by about $8,000.

After little more discussion, Commissioner Skaggs made a motion to submit a loan amendment to KDHE increasing the loan amount for the Wastewater Treatment Facility Upgrade project to $3,412,637 with a loan forgiveness of $656,800. The motion was seconded by Commissioner Kumberg and carried unanimously.

Commissioner Detwiler made a motion to award the bid for the Wastewater Treatment Facility Upgrade project to APAC Kansas – Shears Division in the amount of $2,768,702, subject to KDHE approval. The motion was seconded by Commissioner Skaggs and carried unanimously.

Commissioner Kumberg made a motion to approve Amendment No. 1 to the EBH contract for the Wastewater Treatment Facility Upgrade project, subject to KDHE approval. The motion was seconded by Commissioner Skaggs and carried unanimously.

CONSIDERATION AND APPROVAL OF APPOINTMENTS TO THE TOURISM BOARD:

Ms. Jan Scarbrough, Chamber Director, informed the Commission that Ms. Becky Eastes, Uptown Café, and Ms. Grace Parmar, Holiday Inn Express, had agreed to serve a one year term on the Convention and Tourism Board. Ms. Scarbrough added that this would help with rotation and also bring back someone from the restaurant and hotel businesses. Commissioner Detwiler made a motion to approve the appointments of Ms. Becky Eastes and Ms. Grace Parmar to the Tourism Board for one year. The motion was seconded by Commissioner Kumberg and carried unanimously.

CONSIDERATION AND APPROVAL TO CHANGE TERM EXPIRATION DATE TO 12/2014 ON DEB GOYEN’S SEAT ON THE TOURISM BOARD:

Ms. Scarbrough commented that Ms. Deb Goyen had volunteered to change her term on the Tourism Board to expire in December 2014 and that would help with the rotation of members. Commissioner Skaggs stated that he would make that motion. The motion was seconded by Commissioner Kumberg and carried unanimously.

CONTINUED DISCUSSION CONCERNING REPLACEMENT FOR GLENNA BORHO ON THE ED BOARD:

Vice-Mayor Taylor stated that he would like to apologize to Ms. Scarbrough for not giving her time at the last meeting to explain why the ED Board had recommended Mr. Jack Galle. Vice-Mayor Taylor commented that Mr. Galle had been a past member of the board and would bring experience back since there would be four going off the board. Vice-Mayor Taylor explained that this was a City appointment and our responsibility, but he understood why Mr. Galle would be the Board’s recommendation.

Vice-Mayor Taylor asked if any of the Commissioners had come up with any other recommendations. Hearing none, Commissioner Skaggs made a motion to accept the recommendation from the ED Board to appoint Mr. Jack Galle to fill the unexpired term of Ms. Glenna Borho. The motion was seconded by Commissioner Kumberg and carried unanimously.

CONSIDERATION AND APPROVAL OF LOW BID FOR TRANSFORMER PURCHASE:

Line Distribution Superintendent Jamie Huber informed the Commission that they had sent out two bid requests for a transformer for the new car wash and both had returned a bid. Mr. Huber stated that Kriz-Davis submitted a bid of $12,296.09 with a lead time of twelve to fourteen weeks and Stanion Wholesale Electric bid $11,507.33 with a lead time of ten to twelve weeks. Mr. Huber commented that both bids were for the same transformer and he recommended the low bid from Stanion Wholesale Electric. Commissioner Skaggs questioned if the transformer would be here before the completion of the car wash. Building Inspector Brad Blankenship stated that it would be.

Commissioner Kumberg made a motion to award the bid to Stanion Wholesale Electric for $11,507.33. The motion was seconded by Commissioner Detwiler and carried unanimously.

CONSIDERATION AND APPROVAL OF MUNICIPAL WARRANTY DEED CONVEYING PROPERTY TO THE VERNON FILLEY ART MUSEUM:

City Attorney Van Blaricum stated that the Filley Foundation was much closer to beginning construction on the art museum. Mr. Van Blaricum reminded the Commission that he had visited with them about the property that the library was going to deed over to the Filley Foundation and, at that time, there was a bit of a question concerning the library deeding over City property. Mr. Van Blaricum commented that he had suggested an ‘accommodation deed’ from the City and the deed from the library be issued. Mr. Van Blaricum stated that the library was poised to sign their deed tomorrow.

Mr. Van Blaricum commented that there had been some concern as to what would happen to this property if the Filley Foundation would go out of business. Mr. Van Blaricum explained that there would be a dissolution clause so that the property would go back to the library. Commissioner Kumberg questioned if only this property would revert back to the library and not the building. Mr. Van Blaricum stated that they would get into that if it happened, but the building usually was the property. Commissioner Skaggs made a motion to approve the Municipal Warranty Deed to the Vernon Filley Art Museum. The motion was seconded by Commissioner Detwiler and carried unanimously.

Commissioner Taylor questioned when we would see a museum. Mr. Stan Reimer, director for the museum, stated that there would be a ground breaking ceremony on February 1st. Commissioner Skaggs questioned who the contractor was going to be. Mr. Reimer stated that it would be Mr. Doug Knight. Commissioner Skaggs questioned if they had hired a curator. Mr. Reimer stated that he was currently the director or curator, but there was a possibility that someone from the college might be considered.

DISCUSSION ON PAHS GRANT APPLICATION:

City Manager Howard apologized for the late entry on the agenda, but he had just been contacted Friday by Ms. Pam Howell concerning this grant application for the Humane Society. Mr. Howard explained the qualifications for the grant and that they did not meet those without the help of the City and the County. Mr. Howard stated that the Elinor Patterson Baker Trust Fund was an organization that supports Humane Societies and they did not require any matching funds.

Mr. Howard recommended approval for the City to file an application along with the Humane Society, but only if the City Attorney approves it once he has had time to look it over. Commissioner Detwiler made a motion to submit an application with the Pratt Area Humane Society, pending Mr. Van Blaricum’s approval. The motion was seconded by Commissioner Skaggs. Mr. Howard stated that the application had to be submitted by the 15th of January. The motion and second were approved unanimously.

OPEN AGENDA:

• Grant monies:

Ms. Jackie Hogan handed out portfolios to the Commission and staff that showed them some of the improvements that the grant money for the Pratt Area Humane Society would make possible.

REPORTS:

City Manager:

• Executive Session:

City Manager Howard requested an executive session at the end of the meeting for attorney/client privilege to last twenty minutes with no decisions expected.

City Attorney:

• Executive Session:

City Attorney Van Blaricum requested an executive session to follow Mr. Howard’s session at the end of the meeting for attorney/client privilege to last fifteen minutes.

Public Works:

• 6th Street Drainage Ditch:

Public Works Director Rambat informed the Commission that there had been a locate come through for the drainage box at Sixth and Haskell Streets, so Arensdorf Construction should be starting that project fairly soon.

• Pool update:

Mr. Rambat stated that Mr. Kyle McCawley, Larkin Aquatics, was still working on the best resolution for the pool. Mr. Rambat added that he hoped he would have a concrete direction by the next meeting.

• Street info:

Mr. Rambat commented that he would be bringing the Commission some information in the next couple of meetings on what the street department will be doing with streets this summer.

• Sewer camera:

Mr. Rambat stated that the sewer camera had been purchased and a sales rep would be out tomorrow to do a partial install, but it would not be operational until the end of the month. Mr. Rambat added that he would like a little time to demo the camera for the Commission so they could see it in action.

Inspections:

• Best Western:

Mr. Blankenship stated that Best Western got the okay to get started with construction. Mr. Blankenship commented that they had scraped off the top of the pad, but the snow had to dry up for work to continue.

• Car Wash:

Mr. Blankenship stated that the car wash was well underway and should keep moving at a pretty good pace now.

Recreation:

• Streetscape Committee:

Mr. Pinkall stated that the task force for the Streetscape project had met for the first time last Thursday. Mr. Pinkall commented that there was good attendance and EBH Engineering had given a good presentation. Mr. Pinkall stated that the task force had gotten involved and were very productive. Mr. Pinkall stated that their next meeting would be a week from tomorrow in the Commission Room.

Power Plant:

• Engine 6:

Power Plant Superintendent Ernie Smith stated that they were waiting on parts to reassemble Engine #6. Mr. Smith commented that they had set up budgetary figures to get parts for the steam engine in 2014. Vice-Mayor Taylor questioned if we were running the engines more. Mr. Smith stated that we were. Mr. Howard added that wind energy will be feast or famine in the market, but we were going to be competitive.

Line Distribution:

• Highway 54 Construction:

Line Superintendent Huber stated that he had crews out working on Highway 54 where the highway was being widened. Mr. Huber added that they should be done in the next couple of weeks. Mr. Huber commented that they were burying the conduit, so it should not have to be messed with.

Police:

• Preliminary figures:

Police Chief Gary Myers informed the Commission that he had some preliminary statistics for them. Chief Myers stated that they had worked a hundred fifty-one more cases in 2012 than in 2011 and this was a ten year high. Chief Myers added that they worked a total of 1872 cases in 2012 and 1721 in 2011. Below are figures that Chief Myers had discussed:

   CALLS                                        2011                         2012           

Assault & Battery                   63                             79
Child in need of care                        30                             35
Criminal Damage                             157                           148
Domestic                                           59                              76
Drug Violations                                79                              95
Forgeries                                             8                              10     
Larceny                                            193                            242
Liquor Violations                              18                              30
Sex Offence                                         6                              18
MUNICIPAL COURT        2010               2011              2012          
Revenue Collected          $127,045.30    $179,243.62     $197,884.92

CASE LOAD                        2010               2011              2012         
                                                   782                 1236               1135   

Chief Myers stated that there were other County Attorney fees, cases that went nowhere and active cases that were not included in the Municipal Court numbers. Chief Myers commented that his officers could not respond to all of the calls on New Year’s Eve and, if crime continues to increase, he might have to look at adding additional employees. Commissioner Skaggs questioned how many officers he had. Chief Myers stated that he works the street with twelve and they were divided into four teams working twelve hour shifts. Chief Myers added that he tries to maintain three officers per shift, but that had to be shuffled sometimes due to vacations and illnesses.

Executive Sessions:

Vice-Mayor Taylor made a motion to enter into executive session for attorney/client privilege to last twenty minutes as requested by the City Manager. The motion was seconded by Commissioner Kumberg and carried unanimously.

Vice-Mayor Taylor made a motion to return from executive session with nothing to report. The motion was properly seconded and carried unanimously.

Executive Session:

Vice-Mayor Taylor made a motion to enter into executive session for attorney/client privilege to last fifteen minutes as requested by the City Attorney. The motion was properly seconded and carried unanimously.

Vice-Mayor Taylor made a motion to return from executive session with nothing to report. The motion was properly seconded and carried unanimously.

ADJOURN:

Upon proper motion, the meeting was adjourned.
________________________________
JEFF A. TAYLOR, Vice-Mayor

(SEAL)

ATTEST:
____________________________________
LUANN KRAMER, City Clerk

01/21/2013-City Commission Meeting Agenda

MONDAY

JANUARY 21, 2013
PRATT CITY COMMISSION – REGULAR COMMISSION MEETING
COMMISSION ROOM – 5:00 P.M.

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

2. ROLL CALL

3. INVOCATION & PLEDGE OF ALLEGIANCE

4. MINUTES – January 07, 2013 Regular City Commission Meeting

5. BUSINESS:

5.1 Consideration and Approval of Contract of Sale with Interstate Holdings, LLC – Jacob Mooney, MRE Capital, LLC; Ken Van Blaricum, City Attorney; Dave Howard, City Manager

A. Resolution 012113-Resolution of Support for an Affordable Housing Development by MRE Capital, LLC

B. Contract of Sale Between City of Pratt and Interstate Holdings, LLC

5.2 Consideration and Approval of Low Bid for Transformers for Stock Purchase – Jamie Huber, Distribution Superintendent; Kelly Hemphill, Dir. of Electric Utilities

5.3 Consideration and Approval of Appointments to the Cemetery Board – Russell Rambat, Public Works Director

5.4 Discussion on Federal Funding Availability to Widen US Highway 54 & US Highway 281 to Add Turn Lanes – Dave Howard, City Manager; Russell Rambat, Public Works Director

5.5 Consideration and Approval of 2014 KLINK Project Agreement – Russell Rambat, Public Works Director

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

7. REPORTS

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

8. ADJOURN

12/17/12-Approved City Commission Meeting Minutes

MONDAY

DECEMBER 17, 2012

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

PRESENT:

Bill Hlavachick Mayor
Jeff Taylor Commissioner
Gary Skaggs Commissioner
Karen Detwiler Commissioner
Lucus Kumberg Commissioner

ALSO PRESENT:

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

CALL TO ORDER:

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

INVOCATION AND PLEDGE OF ALLEGIANCE:

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

MINUTES:

Commissioner Skaggs made a motion to approve the minutes of the December 03, 2012 regular Commission meeting. Commissioner Taylor seconded the motion and it carried unanimously.

BUSINESS:

CONSIDERATION AND APPROVAL OF RESOLUTION 121712 DETERMINING THE ADVISABILITY OF ISSUING TAXABLE IRB’S FOR COMMERCIAL HOTEL FACILITY CONSTRUCTION:

Ms. Sarah Steele, Gilmore and Bell representative, stated that this Resolution starts the preliminary actions for the new hotel and the IRB’s would be non-taxable and help projects through economic development. Ms. Steele explained to the Commission that the lease provides for payment, principle and interest and the City would not have any responsibility. Ms. Steele added that the City would be lending their statutory authority to give Prime Hospitality tax exemption. Ms. Steele stated that this would be the first expression of intent from the City if they approve the Resolution.

Ms. Steele repeated that this would not be considered a debt of the City and would not go against them. Commissioner Taylor questioned what the total dollar amount was on the new hotel project. Ms. Steele stated that it was not to exceed $4.5 million. Commissioner Taylor asked if there would not be any sales tax on material. Ms. Steele answered that there would be no sales tax on labor, but Prime Hospitality could petition for tax exemption for the total cost of the project. Commissioner Skaggs questioned if there would be out of town suppliers. City Manager Howard commented that it was a destination sales tax.

Commissioner Skaggs questioned if we had issued IRB’s on the other hotels. Ms. Steele stated that there were IRB’s on one of them. Mayor Hlavachick questioned when the last time was that the City issued IRB’s. Finance Director Garten commented that the Feed Yard and Covenant Housing’s project. Mayor Hlavachick questioned if there was a limit that the City could do. Ms. Steele stated that there were no limits on taxable bonds. Mr. Howard added that it does not count on our bonding capacity. Commissioner Taylor clarified that it would not be the City’s responsibility if they default on the bonds. Ms. Steele stated that that was correct.

Mr. Howard questioned if this was an exemption on local sales tax or all sales tax. Ms. Steele answered that it was on all sales tax. Commissioner Detwiler questioned if they had been to the County concerning the Revitalization program. Mr. Howard stated that they had already done that. Commissioner Kumberg asked if they were not automatically put in that program regardless. Mr. Howard stated that you have to apply for the ten year exemption. Commissioner Detwiler stated that that was the same as residential. Mr. Howard explained that commercial property was more favorable than residential and they were exempt from higher percentages. Commissioner Kumberg questioned if there was enough time to start the process with the State before the preliminary work starts. Ms. Steele stated that, with the passage of this Resolution, they would make application for the exemption certificate and that usually was granted within 24 hours.

Mr. Howard stated that the group of men involved with Prime Hospitality had invested quite heavily in Pratt, such as the Comfort Suites. Mr. Howard added that they had dipped their toe in the development and that started a lot of things. Mr. Howard explained that they had also paid for the initial sewer line from their facility to the highway, so they had done a lot for Pratt’s economic development.

The following Resolution 121712 was then presented to the Commission for their approval: A RESOLUTION OF THE GOVERNING BODY OF THE CITY OF PRATT, KANSAS DETERMINING THE ADVISABILITY OF ISSUING TAXABLE INDUSTRIAL REVENUE BONDS OF SAID CITY FOR THE PURPOSE OF FINALIZING THE ACQUISITION, CONSTRUCTION, INSTALLATION, FURNISHING AND EQUIPPING OF A COMMERCIAL HOTEL FACILITY TO BE LOCATED IN SAID CITY. A motion by Commissioner Kumberg to approve Resolution 121712 regarding taxable IRB’s for the purpose of finalizing the acquisition, construction, installation, furnishing and equipping of a commercial hotel facility to be located in Pratt. The motion was seconded by Commissioner Skaggs and carried unanimously.

DISCUSSION CONCERNING CITY OF PRATT ANIMAL ORDINANCE 0802:

Ms. Jenna Lewis, employee for Dr. Clinton Skaggs, requested that the Commission consider retracting the City’s animal ordinance. Ms. Lewis stated that money and man power would be better spent educating people and she also commented that we need to come together to end this ordinance and work towards kindness to all animals.

Ms. Lewis stated that she had given the Commission an information packet that explained that a ban on a breed was not effective in removing the breed, but causes people to continue to own and hide the animal, which causes it to have a lack of socializing. Ms. Lewis read from the information she had given the Commission and pointed out that legislation should be urged to punish the owner and not the breed. After listening to Ms. Lewis, Commissioner Skaggs stated that he agreed with her 100% if we were applying this to a perfect world. Commissioner Skaggs questioned why pit bulls were such a popular breed. Ms. Lewis stated that they were a wonderful family dog. Commissioner Skaggs commented that they were perceived to be protection to their owner and there was a segment of the population that needs that kind of protection. Commissioner Skaggs stated that he was at a loss as to why we could not have the best of both and say ‘pit bull and dangerous animals’. Commissioner Taylor commented that the genetics were still there and they naturally do what they are supposed to do. Commissioner Taylor stated that pit bulls were a breed that were known for their aggressiveness and have been for generations; therefore, he would not vote to change the ordinance.

Mayor Hlavachick stated that pit bulls got their name because they were trained to fight in pits, so he agreed with Commissioner Taylor. Mayor Hlavachick added that the Commission had spent a lot of time on this ordinance and had listened to a lot of input from the public. Commissioner Kumberg commented that there was similar documentation on the ASPCA’s website and they also spoke about removing breed specific legislation, but not because they bite but because the breed was specific due to them being more vicious. Commissioner Kumberg added that you were required to have $100,000 liability insurance on your home in some places if you have a pit bull. Commissioner Kumberg stated that it was unfortunate that it had to be that way, but we were not talking about responsible pet owners. Mayor Hlavachick stated that we would not need a dog catcher or the Humane Society if all pet owners were responsible.

Commissioner Taylor stated that there are irresponsible parents, but we expect them to take care of their dog. Commissioner Taylor added that those people were not going to get educated and were not going to care to get their dog trained properly. Commissioner Taylor stated that, the groups mentioned that want to illuminate breed specific, have to make those statements, but we have to do the right thing to keep our citizens safe. Ms. Lewis stated that she had a lot of information to contradict many of the statements that had been made. Mayor Hlavachick stated that he had read what she had given to them, but he could not wait for a child to get hurt to do something about it. Mayor Hlavachick thanked Ms. Lewis for her information and her comments.

DISCUSSION ON REQUEST FOR CITY’S PARTICIPATION IN THE PURCHASE OF NEW TRANSFORMERS, SWITCH GEAR AND RELATED ELECTRICAL EQUIPMENT FOR THE PRMC CONSTRUCTION PROJECT:

Commissioner Kumberg questioned if he should refrain from this discussion since he had a conflict of interest as an employee of PRMC. City Attorney Van Blaricum stated that he could participate in the discussion, but should abstain from voting.

City Manager Howard stated that this involved the valid issue that had passed in August concerning construction at PRMC. Mr. Howard commented that there had been meetings with the PRMC committee and they requested that the City consider paying for the upgrade of transformers and switch gears. Mr. Howard explained that the existing ones were three to five years old and were too small for the load. Mr. Howard stated that we could take the residential housing north of Highway 54 out of the east side loop to make room. Mr. Howard explained that PRMC would trip off nonessential areas of the hospital if the circuit overloaded.

Mr. Howard stated that we would go out for bids for the transformers, which could cost anywhere from $250,000 to $300,000. Mr. Howard reminded the Commission that we had done this in the past for the High School project. Mr. Howard commented that the City sometimes has transformers in stock, but higher voltage transformers would require the approval of the Commission.

Commissioner Detwiler questioned if this was the practice for bond issues to not cover all their bases. Commissioner Detwiler added that the engineer should have realized that something was not going to be efficient and looked into it then. Commissioner Detwiler commented that the bond requested should have been calculated into the cost of the project and not an afterthought and, if the city had been involved, they would have known that something needed to be done; therefore, the bond amount would have been sufficient. Commissioner Detwiler stated that taxpayers approved the ¾ cent sales tax and now the State may keep their 1% and, a selling point to get the population’s vote, was that that 1% would go away in July. Commissioner Taylor stated that that was supposed to happen, but the State can repeal it and that should not be on the hospital. Commissioner Taylor commented that he agreed that the City should be involved when anything like this was going to be done, whether it involves electric issues or drainage.

Commissioner Taylor stated that he did not know that the City owned the street that they want dedicated to the County. Commissioner Taylor added that the hospital was not the only one that had not included the City in their discussions, but we were the first ones they come to when they need us. Commissioner Skaggs commented that the Commission had just scolded the Airport Authority at the last meeting. Commissioner Skaggs stated that the hospital was the largest user of our electric facilities, but they have come to us after the fact because they need more electricity. Commissioner Skaggs continued stating that he would vote to pass this request, but felt that they should be scolded for not including us. Mayor Hlavachick commented that we would get this back with their increase in utilities.

Ms. Susan Page, PRMC President and CEO, introduced Mr. Spenser Levin from Hutton Construction. Mr. Levin stated that they put together pricing for the bond and it was done by industry standards when dealing with the electrical service. Mr. Levin commented that electric companies bring primary transformers that provide the cost over time and Hutton Construction brings in a secondary rate. Mr. Levin added that that was the approach taken for estimates. Commissioner Detwiler questioned if utility companies were not in on the discussions until they were done. Mr. Levin stated that that was their standard process. Commissioner Taylor stated that there should have been a contract for a $300,000 project instead of assuming that we would come up with that amount. Commissioner Taylor added that it would have been nice to have it before the budget had been written.

Commissioner Detwiler stated that their assumption was that the board had talked to us. Ms. Page stated that they were in a state of unknown as to whether there was going to be a project. Ms. Page added that Mr. Howard and Mr. Kelly Hemphill had been involved in two meetings. Mr. Howard explained that they had been at the meeting in September and Mr. Hemphill had been contacted four years ago on the failed issue. Commissioner Detwiler stated that all the bases should have been covered on the bond issue when it was on the ballot, whether it passed or not. Commissioner Detwiler commented that they knew what this was going to involve and they should have said what they would need from the City. Ms. Page stated that they did not know and had worked non-stop since it passed. Mr. Howard stated that the load would be a protected load and we would own the transformers and switching gear. Mayor Hlavachick commented that we had done this in the past, but the size of the project was his concern.

Commissioner Detwiler questioned where the funding would come from. Commissioner Detwiler added that there was sales tax, but she was not sure that it could be used for that. Commissioner Detwiler stated that there was no money tree. Mr. Howard stated that there were other projects that we had to fund, such as the pool project and now, this one. Ms. Garten stated that there was money in reserves from accumulating interest on $336,000. Commissioner Detwiler questioned where we go to replenish it. Ms. Garten commented that she did not know, but this interest had accumulated over many years and had been held for unexpected things. Commissioner Detwiler commented that we have nothing left if an emergency comes up. Ms. Garten stated that it would depend on what it would be, but that could happen. Mr. Howard stated that there were a lot of big projects coming up, so we had to be careful on where we spend it.

Commissioner Taylor agreed with Commissioner Skaggs when he stated that the project needed to be done and the hospital had the support of the Commission on both of the attempts; however, the City should have been involved earlier. Commissioner Taylor commented that the hospital was the City’s biggest employer and the biggest source of economic development bringing people to town with health issues. Commissioner Taylor added that this was on the agenda and we needed to move on it.

Commissioner Detwiler questioned if moving customers to the east side loop to relieve pressure would bring them their own use. Mr. Hemphill stated that he did not think so and that the size of generation would be adequate for the hospital; however, not for full time use. Mr. Hemphill added that we need to do what we can to have adequate power lines. Mr. Howard explained that a perfect storm would have to take place for either one of the circuits to get overloaded. Mr. Howard reminded the Commission that we had buried a lot of that circuit to protect it from the elements. Mr. Howard stated that we had long range plans to shed the residential off this circuit, but had not planned on doing it now.

After little more discussion, Commissioner Skaggs made a motion to approve the hospital’s request to supply them with the new additions at PRMC. The motion was seconded by Commissioner Taylor and carried with four approved votes and one abstain vote from Commissioner Kumberg. Ms. Page clarified that, when they were conducting the education campaign, the Governor and legislature had the sunset of their sales tax as July 2013, but now the Governor was putting that back on the table.

DISCUSSION ON VACATING CITY PROPERTY FOR PRMC CONSTRUCTION PROJECT:

City Manager Howard explained that the property 20’ to 30’ west of the hospital up on the hill was the property of the City and not owned by the County as many had thought. Mr. Howard stated that we would need to vacate this property to the County so that they could build part of the new facility. Commissioner Detwiler questioned if we would no longer be responsible for that street. Mr. Howard explained that it would become the location for more transformers and generators, so it would not exist. Mr. Howard added that the staff did not have any issues with vacating it. Mr. Howard stated that the parking lot had a main sewer interceptor that would be changed from clay to cast iron, but was part of the bond project.

Commissioner Taylor made a motion to vacate the City property 30’ directly west of PRMC to the County of Pratt. Commissioner Skaggs seconded the motion. Mr. Howard stated that he would get with County Counselor Bob Schmisseur and City Attorney Van Blaricum concerning vacating the street and put it on a later agenda. The motion and second passed with four approved votes and one abstain vote by Commissioner Kumberg.

CONSIDERATION AND APPROVAL OF RECOMMENDATION FOR THE REPLACEMENT OF GLENNA BORHO ON THE ED BOARD:

Chamber Director Jan Scarbrough informed the Commission that Ms. Glenna Borho had been appointed to the ED Board about a year ago, but she would have to resign to take her position as County Commissioner. Ms. Scarbrough stated that the board recommends Mr. Jack Galle as her replacement for the remaining two years of the three year term.

Commissioner Taylor commented that this was a City appointment and Mr. Galle was certainly in the running, but he had not had enough time to think about it. Commissioner Taylor asked if Ms. Scarbrough could return to the January 7th meeting after the Commission had more time to think about other possibilities. Ms. Scarbrough stated that she could, but this was the board’s recommendation. Commissioner Taylor stated that the Commission approves most of the recommendations. Commissioner Skaggs commented that the past board members had been from banks and maybe the board thought they should stay that way. Ms. Scarbrough stated that that was their thinking, but one reason they were recommending Mr. Galle was because there were four members that would not be returning. Commissioner Taylor commented that they should take more time to think about it, even if they do not come back with anyone. Mayor Hlavachick stated that this item would be tabled until the next agenda.

CONSIDERATION AND APPROVAL OF RE-APPOINTMENT TO THE TOURISM BOARD:

Ms. Scarbrough stated that there were four terms that were to expire on the Tourism Board and they had all expressed that they would like to serve again. Commissioner Taylor questioned if they all had good attendance. Ms. Scarbrough stated that they did. Commissioner Skaggs asked how many total members there were on the board. Ms. Scarbrough stated that there were seven and two that she was hoping to approach to confirm that they want to be on the board. Ms. Scarbrough commented that the appointments get out of sync when an appointment resigns, so they would like to get them staggered again. Mr. Howard added that the board can have as many as eleven members. Ms. Scarbrough agreed that there could be as many as eleven, but no fewer than seven. Commissioner Skaggs questioned if they had term limits. Ms. Scarbrough stated that they do not.

After little more discussion, Commissioner Detwiler made a motion to approve Ms. Bev Aldrich, Ms. Deb Goyen, Mr. Ken Brown and Ms. Diana Garten to three year terms on the Tourism Board. The motion was seconded by Commissioner Kumberg and carried unanimously.

CONSIDERATION AND APPROVAL OF 2013 CMB APPLICATION FOR PRIME TIME:

Police Chief Gary Myers stated that Prime Time had submitted their application for the 2013 Cereal Malt Beverage licensing and had met the requirements in regards to that application. Chief Myers added that he would recommend the approval of the license. A motion by Commissioner Taylor to allow Prime Time the 2013 Cereal Malt Beverage License. The motion was seconded by Commissioner Kumberg and carried unanimously.

CONSIDERATION AND APPROVAL FOR THE PURCHASE OF A COLLECTION SYSTEM/PIPE CAMERA FOR THE WASTEWATER TREATMENT PLANT:

Public Works Director Russell Rambat explained to the Commission that the departments look ahead during budget to see what to purchase in the future and accumulate those funds in capital reserves. Mr. Rambat commented that the wastewater department had a sewer lift station project at the airport in reserves, but would like to resubmit that project next year and use the funds this year for a collection system camera.

Mr. Rambat stated that the camera would be a valuable tool and would help them have a more effective maintenance program. Mr. Rambat added that the camera could also help in other areas, such as the large conduit at the power plant, seeing where some of the storm drains go and underground piping. Mr. Rambat stated that they had gone out for bids and, after watching both companies’ demos, they saw the differences in the equipment. Mr. Rambat explained that Mayer Equipment and Supply out of Goddard submitted the low bid of $46,107.60 and Key Equipment out of Maryland Heights, Missouri gave a bid of $62,890.00. Mr. Rambat explained that we tend to accept the lowest bid when it meets our requirements, but the equipment shown by Key Equipment would be a better value due to its longevity, operation and construction. Mr. Rambat stated that the camera system would be installed in an older van.

Wastewater Superintendent Jay Angood stated that the higher priced camera had a sensor that lets you know if it has turned over and was designed to bring it out if it was. Mr. Rambat explained that maintenance would be more efficient, although we would not be able to avoid all issues. Commissioner Skaggs questioned what the smallest sized pipe was that the camera could go in. Mr. Rambat stated that it would be 6”. Commissioner Kumberg questioned what the warranty was. Mr. Rambat commented that most warranties were for one year on parts and labor and then reduced after the first year. Commissioner Kumberg asked what the average associated monthly cost might be. Mr. Rambat stated that that depends on the usage and he added that some lines were eighty years old or older. Commissioner Kumberg commented that this could pay for itself over time. Mr. Angood stated that they would not have to get down in a manhole anymore, which was dangerous.

After little more discussion, Commissioner Skaggs made a motion to approve the purchase of the collection system/pipe camera from Key Equipment for $62,890.00. The motion was seconded by Commissioner Detwiler and carried unanimously.

DISCUSSION ON STREETSCAPE PROJECT:

Recreation Director Bruce Pinkall commented that there had been a lively discussion on December 6th involving downtown businesses and also building owners. Mr. Pinkall stated that the holiday was busy, but EBH wanted to keep the ball rolling. Mr. Pinkall commented that a task force of Main Street businesses would come back and visit with EBH. Commissioner Skaggs stated that he had noticed that there was not a representative in the 400 Block of Main Street. Mr. Pinkall stated that they had not gone past the 3rd block since that would probably be what the grant would be for.

City Manager Howard explained that a part of the grant application was to have the grant committee in place. Mr. Howard stated that the competition for the grant money was fierce. Mr. Pinkall stated that there was $15 million available and there had been about forty communities or groups at the meeting in Topeka. Mr. Pinkall explained that this was the final phase of the current highway bill and they do not know what future options will be. Commissioner Detwiler stated that it would be nice to go ahead and try to get the grant, but we need to listen to the businesses that were not in favor of it. Mr. Pinkall commented that that was why he had talked to the people that want to be involved and help steer the committee in the direction we want to go. Ms. Garten added that the State also looks into the community and does not want to invest in a project that the community does not want.

Mr. Howard commented that no one at the meeting came without any concerns. Mr. Howard added that there were some that had more concerns than others and they were on the committee list. Commissioner Skaggs commented that this comes close on the heels of the other project. Mr. Howard stated that they had talked about that. Commissioner Detwiler commented that what she heard was that businesses with alley access did not have people come in. Mr. Howard repeated that not 100% of the committee recommendations were in favor of the project. Mr. Pinkall stated that there would be times when there would not be access from the front of the businesses so that the sidewalk could be replaced.

Commissioner Skaggs commented that this could be our last chance, because it was not definitive that this program would be continued. Commissioner Taylor commented that he felt the State would do something. Mr. Howard added that it may not be the 80/20 split. Mr. Pinkall stated that he had had a handful of phone calls from non-Main Street people, so the community was also weighing in. A motion by Commissioner Taylor to appoint the Streetscape committee as recommended was seconded by Commissioner Skaggs and carried unanimously.

OPEN AGENDA:

• Luca Matei:

Mr. Luca Matei addressed the Commission about what he could do to help people. Mr. Matei stated that the secrecy of the government on the accessibility of information had kept him from finding out where tenants had gone. Mr. Matei commented that he had been here for seven years and no one had worked to help him with tenants. Commissioner Taylor stopped Mr. Matei and stated that unless Mr. Matei had something that the City could take action on, he needed to get off his soap box about corrupt government and police. Commissioner Taylor commented that Mr. Matei came over here for freedom and he did not want to hear about the non-perfect government. Commissioner Taylor stated that Mr. Matei needed to talk about City matters that the Commission could do something about.

Mr. Matei began talking about his case, but Commissioner Taylor again interrupted him and explained that his case was not part of the City and there was nothing they could do. Commissioner Taylor stated that the audience did not want to hear about his case, but the Commission would listen to complaints such as a neighbor not cutting their grass. Commissioner Taylor added that the Commission cannot and does not have control over the federal or State government or the judicial system.

Commissioner Detwiler questioned if Mr. Matei had had questions about the homeless. Mr. Matei stated that the Oath of Office says that you would respect the Constitution of the United States and the City of Pratt. Mr. Matei commented that, when he tries to help the homeless, he is told that this level of accessibility of status was not allowed so that he would know who they were. Mr. Matei stated that he did not want to evict someone if they could not survive and Pratt does not have a shelter for people in need. Mr. Matei added that he would like to inform people on where they could go to get help. Commissioner Taylor stated that he could direct them to the churches, but added that some were homeless because they do not want to work. Mayor Hlavachick added that there was the Christian Food Bank, commodities and the ministerial alliance. Mr. Matei asked how he could get access to this list. Mr. Howard stated that he could go to the SRS.

• Last minute requests:

Mr. Eric Nystrom questioned the Commission on how they go about not letting last minute requests happen. Mr. Nystrom stated that what happened tonight with the hospital did not have to happen. Commissioner Detwiler commented that, if the City Commission allows it and slaps them on the back of the hand, it was not going to stop. Commissioner Detwiler added that the Commission had to draw a line in the sand and say it is not going to happen. Mr. Nystrom stated that the City should have been forewarned of this and there was only two weeks of the budget left. Mr. Nystrom commented that this was a knee jerk reaction.

Commissioner Kumberg commented that they should contact the City. Commissioner Detwiler stated that, if the City was doing the work, they should charge for it. Commissioner Taylor stated that they were on our system already. Mr. Nystrom stated that it was not about having it done. Commissioner Taylor suggested that the City draft some type of ordinance with an amount of any construction of $250,000 or more had to contact the City. Mr. Howard stated that we could do that, but normally architects or engineers were aware of upgrades of utilities. Mr. Howard added that this does happen and, if they were not aware of the ordinance, they could not follow it.

After little more discussion, Mr. Howard stated that, what it comes down to is that we are where we are. Commissioner Skaggs stated that there was nothing illegal done. Mr. Nystrom stated that he was blaming the architects and not PRMC. Commissioner Skaggs stated that you could not foresee everything. Commissioner Detwiler stated that the architect and engineer should have known what the load would be. An EBH employee stated that this was a huge oversight on their part.

Mr. Nystrom questioned what would have been done if the City did not have the $300,000. Commissioner Detwiler commented that we have nothing if we have a disaster. Mr. Nystrom stated that the City had had a pretty good run and we were fortunate to have a good cash carry over. Ms. Garten stated that there had been $20 million cash in the last six years, but we were under $14 million now. Ms. Garten added that there were a lot of great projects, as well as a $2 million project now, but she questioned how much lower we wanted to go.

Commissioner Kumberg stated that the question was what we do to make sure it does not happen again. Commissioner Kumberg questioned if this comes into play during planning and zoning and permits. Commissioner Detwiler stated that may have not known if there would be a project, but they should have come to the Commission with a general idea of the cost. Commissioner Kumberg stated that you could not change the past, but you could look into the future to fix the problem. Mr. Howard stated that they had thought that this was part of the bond issue. Mr. Van Blaricum stated that this discussion could be remembered in the future just by having this conversation. Commissioner Skaggs commented that we could lose that with the two term limit.

REPORTS:

City Manager:

• Well at the airport:

Mr. Howard commented that there was an article in Saturday’s paper about the well at the airport, but he clarified that we were not looking to abandon the well. Mr. Howard stated that we may have to abandon it in the future and we would then lose the water rights. Mr. Howard explained that we would have to remove the pumps and building and then cage it. Mr. Howard added that this was 11 acre feet. Commissioner Skaggs questioned how long it could remain in that state. Mr. Howard stated that we could drill another well there, but then you hit nitrates, which could get into the City’s water system. Commissioner Taylor commented that it might be a good time to transfer to the City due to the hospital. Mr. Howard stated that it would not be worth it for 11 acre feet. Commissioner Kumberg questioned if it had not been used for seven or eight years. Mr. Howard stated that it was there for fire service, but the electrical had been pulled out.

• Executive session:

Mr. Howard requested an executive session for 15 minutes at the end of the meeting for a land requisition.

• Christmas Eve:

Mr. Howard asked the Commission to consider giving the employees Christmas Eve off since it was on Monday. Commissioner Taylor made a motion to approve Christmas Eve as a paid holiday for City employees. The motion was seconded by Commissioner Kumberg and carried unanimously.

City Attorney:

• Court of Tax Appeals:

Mr. Van Blaricum stated that the matter in the Court of Tax Appeals was still on the docket. Mr. Van Blaricum explained that County Counselor Schmisseur was doing the heavy lifting, but there should be a resolution in the next month or two.

Public Works:

• Playground equipment:

Mr. Rambat informed the Commission that the playground equipment for the south park should be delivered January 2nd. Mr. Rambat stated that they would start doing other things around the equipment later.

• Drainage Ditch:

Mr. Rambat stated that the street department had been working on cleaning out drainage ditches. Mr. Rambat commented that Arnesdorf Construction had been waiting on steel to come in so that they could work on the drainage box on Sixth Street.

• Sanitation:

Mr. Rambat stated that the oldest sanitation truck had broken its last leg. Mr. Rambat explained that the 1998 model was beyond repair or the value of repair. Mr. Rambat stated that we could get by through the winter with three trucks, but we would need to check into a new or demo truck when compost time comes around. Commissioner Taylor questioned if they had money in capital equipment reserves. Mr. Rambat commented that they may be able to borrow from another utility and pay it back at the end of the year.

Inspections:

• Project updates:

Mr. Blankenship stated that Aaron’s would be opening tomorrow.

Mr. Blankenship commented that they had laid out the new car wash today and it fits in the grand scheme of setbacks. Commissioner Taylor questioned if they had kept the front for KDOT setbacks. Mr. Blankenship stated that that was for our setbacks, because KDOT does not have local setbacks from KDOT property.

Mr. Blankenship stated that he had visited with Mr. Patel and they were still waiting for the okay from the Best Western group. Mr. Blankenship commented that they should start pushing some dirt this week. Mr. Blankenship informed the Commission that he had visited with the contractors from Dallas for Best Western and they were appreciative of Pratt.

• Landscape ordinance:

Mr. Blankenship stated that he had a landscape ordinance, but would like to have Mr. Van Blaricum and the Planning and Zoning Board look at it. Mr. Blankenship commented that he had already told most companies that we did not have an ordinance, so we could not go back to them to have them do it.

Electric Department:

• Relay project:

Mr. Hemphill informed the Commission that the line guys were working on installing the fiber optics for the relay project on the 115.

• Power Plant:

Mr. Hemphill stated that the power plant continued to work on maintenance.

Recreation:

• Christmas dinner:

Mr. Pinkall stated that the City Christmas dinner was Thursday at 11:30 a.m.

Commission:

• I Pads:

Commissioner Detwiler questioned where we had purchased the I Pads for the Commissioners. Ms. Garten stated that they came from Verizon. Ms. Garten explained that they may have to activate a data plan it they do not have wireless internet.

EXECUTIVE SESSION:

Mayor Hlavachick made a motion to enter into executive session for 15 minutes to discuss a land requisition. The motion was properly seconded and carried unanimously.

Mayor Hlavachick made a motion to return from the executive session with nothing to report. The motion was seconded and carried unanimously.

ADJOURN:

A motion and second to adjourn carried unanimously.
_____________________________________
BILL D. HLAVACHICK, Mayor


(SEAL)
ATTEST:
____________________________________
LUANN KRAMER, City Clerk

01/07/2013-City Commission Meeting Agenda

MONDAY




JANUARY 07, 2013
PRATT CITY COMMISSION – REGULAR COMMISSION MEETING
COMMISSION ROOM – 5:00 P.M.

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

2. ROLL CALL

3. INVOCATION & PLEDGE OF ALLEGIANCE

4. MINUTES – December 17, 2012 Regular City Commission Meeting

5. BUSINESS:

5.1 Executive Session for Attorney/Client Privilege to Last 10 Minutes (Requested by Ken Van Blaricum, City Attorney)

5.2 Wastewater Treatment Facility Upgrade:

A. Consideration and Approval to Submit a Loan Amendment to KDHE Increasing the Loan Amount for the Wastewater Treatment Facility Upgrade – Alan Luttrell, EBH Engineering

B. Consideration and Approval to Award APAC Kansas – Shears Division the Wastewater Treatment Facility Upgrade Project Bid; Subject to KDHE Approval – Alan Luttrell, EBH Engineering

C. Consideration and Approval of Amendment No. 1 to the EBH Contract for the Wastewater Treatment Facility Upgrade; Subject to KDHE Approval – Alan Luttrell, EBH Engineering

5.3 Consideration and Approval of Appointments to the Tourism Board – Jan Scarbrough, Chamber Director (Item 1)

5.4 Consideration and Approval to Change Term Expiration Date to 12/2014 on Deb Goyen’s Seat on the Tourism Board – Jan Scarbrough, Chamber Director (Item 2)

5.5 Continued Discussion Concerning Replacement for Glenna Borho on the ED Board – Mayor and Commission

5.6 Consideration and Approval of Low Bid for Transformer Purchase – Jamie Huber, Distribution Superintendent; Kelly Hemphill, Dir. of Electric Utilities

5.7 Consideration and Approval of Municipal Warranty Deed Conveying Property to the Vernon Filley Art Museum – Ken Van Blaricum, City Attorney

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

7. REPORTS

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

8. ADJOURN