MONDAY
FEBRUARY 02, 2009
The Governing Body of the City of Pratt met in Regular session in the Commission Room located in City Hall.
PRESENT: Eric Nystrom Mayor
Glenna Borho Commissioner
Jeff Taylor Commissioner
Bill Hlavachick Commissioner
Willy Peltier Commissioner
ALSO PRESENT: Dave Howard City Manager
LuAnn Kramer City Clerk
Ken Van Blaricum City Attorney
Diana Garten Finance Director
Steve Holmes Chief of Police
Russ Rambat Public Works Director
Bruce Pinkall Recreation Director
CALL TO ORDER:
Mayor Nystrom called the regular session to order. The Mayor instructed the Clerk to note that all Commissioners were present with the exception of Commissioner Peltier.
MINUTES:
A motion by Commissioner Borho to approve the minutes of the January 19, 2009 regular Commission meeting. The motion was seconded by Commissioner Taylor and carried unanimously.
OPEN AGENDA:
Request to vacate :
Mr. Richard McDiffett, 524 Logan, addressed the Commission on a vacation of Taylor Street between Simpson and New Streets. Commissioner Borho asked why Mr. McDiffett wanted this. Mr. McDiffett stated that he had been maintaining the area for twenty-two years. (Commissioner Peltier arrived at 5:05 p.m.) Mr. McDiffett continued to explain that he had cleaned up the area and kept it mowed along with the neighbors keeping the area around their property clean. Mr. McDiffett added that the street easement was 65’ wide and City easements were 80’ wide so if the City would want to develop the street, they would need an additional 15’. Commissioner Taylor asked who owned the property to the north. Mr. McDiffett stated that Mr. Rod Siedel owned that property. Commissioner Hlavachick asked if it had ever been a road. City Manager Howard commented that it had not and that the north half of the property would go to the north property owners and the southern half would go to those property owners that border the property. Mr. McDiffett stated that Kansas Statute 12-506 states that streets that are vacated shall revert to the owners of the property immediately abutting the land; therefore, the area not platted to the north of Logan Street would go to the owners of the property to the north. Commissioner Peltier commented that the down side of vacating Simpson Street would be that it would not be able to be expanded for development in the future. Commissioner Borho commented that that was a fair assessment.
Mr. Howard commented that there was a plat in the early stages and it would not need Simpson Street to go to the west. Commissioner Borho asked if the property to the north had ever been annexed into the City. Mr. Howard stated that it had not and that the only City utility would be electric.
Mayor Nystrom questioned if he and Commissioner Peltier should abstain from this discussion since they both own property next to the proposal. City Attorney Van Blaricum stated that this was a complex issue and that it should go before the Planning & Zoning Commission with something in writing for an application of vacation. Mr. Van Blaricum commented that if it gets to that point, it could be a conflict. Mayor Nystrom questioned if they should have input now. Mr. Van Blaricum stated that it was a mute point right now and they should wait and see what the Zoning Commission decides. Mr. Van Blaricum added that they should not vote on this question. Mayor Nystrom clarified that no vote, no input. Mr. Van Blaricum stated yes.
Mr. Howard commented that he had visited with a party involved last Friday and the reason they are here was to see if the Commissioners would consider vacating that property before they went to the expense of surveying, etc. Commissioner Borho commented that it was right on the City County line and that this subject was usually pursued through the Zoning Commissioner and they make a recommendation. Commissioner Taylor asked if anyone was paying property taxes. Mr. Howard commented that the property was owned by the City so no property taxes were being paid. Commissioner Hlavachick asked if the City would maintain the utility easement. Mr. Howard stated that we would. Commissioner Hlavachick commented that he recommended that it come through the Planning and Zoning Commission also. Mr. McDiffett commented that he had closed Mound Street a few years ago through this group. Mr. Howard stated that the plat was in the early stages and that, in the end, we would feel better having it vacated on the recommendation of the Planning and Zoning Commission. Mr. McDiffett commented that he was confused a little as he got one street vacated and now he cannot, even with the landowners being in favor.
Mr. Rod Siedel addressed the Commission and let them know that he had purchased the property north from the Doskocil Estate and his dream was to someday develop it. Mr. Siedel commented that he had cleaned up the sand pit that had become a dump for anyone that could sneak in. Mr. Siedel stated that he had visited with Mr. Blake Himmelwright and he was in total agreement with the development. Mr. Siedel commented that he had planned on coming before the Commission in a few weeks with the plans and he wants to make it good for the City. City Manager Howard commented that he had visited with Mr. Siedel and informed him that utilities would not be extended unless the property was annexed, but they only want electric. Mr. Howard added that they would like the okay to go ahead before spending a lot of money, because if they do not have any electric, there would be no plat. Commissioner Borho questioned how they would access the development. Mr. Siedel stated that there could be a couple of different ways and one being that you stay on Simpson Street behind 516 Logan and bring the access through the right-of-way to where Mound Street used to be and close the rest of Simpson Street. Mr. Siedel explained that the other way would be to access from Taylor Street and go straight north.
Mr. Howard commented that the plat would be by Mr. Himmelwright and Mr. Siedel and that the decision now would be whether we allow electrical utilities. Commissioner Borho questioned if they want the vacation no matter what the access. Mr. Siedel stated that he did. Commissioner Borho commented that she would like to see this researched by the Planning and Zoning attorney and that the Commission was pro-development wanting to see Pratt grow and, if by a private developer, that was all the better. The Commission and City Manager clarified that this would be brought before the Planning and Zoning Commission at their next meeting and the City Commission would review upon the Zoning Commissions recommendation.
BUSINESS:
PRESENTATION OF ‘JOE WYNN VOLUNTEER AWARD’ FOR 2007 TO THE PRATT ROTARY CLUB:
Mayor Nystrom presented the Joe Wynn Volunteer Award for 2007 to Mr. Don Belden, representative for the Pratt Rotary Club. Mayor Nystrom explained that the Pratt Rotary Club was nominated for their work on the nature trail and other volunteer work they do in Pratt.
CONSIDERATION AND APPROVAL OF ORDINANCE AMENDING ZONING CLASSIFICATION:
City Attorney Ken Van Blaricum stated the property involved in the zoning change was across from Zerger Park on First Street. Mr. Van Blaricum commented that the Epp brothers had filed an application with the Planning and Zoning Commission with the request to go from residential to highway service district. Mr. Van Blaricum explained that the Planning and Zoning Commission has voted unanimously to do that. Commissioner Taylor asked if it was any more than the three houses. City Manager Howard stated that it was the three houses and six lots behind to Blaine Street. Mr. Howard added that there had been a public hearing as required.
The following Ordinance 0902 was then presented to the Commission for their approval: AN ORDINANCE AMENDING THE ZONING CLASSIFICATION OR DISTRICT OF LOTS ONE (1), TWO (2), THREE (3), FOUR (4), FIVE (5) AND SIX (6), IN BLOCK SIX (6) OF SIMPSON’S SUBDIVISION OF BLOCK 25 IN SIMPSON’S SECOND ADDITION TO THE CITY OF PRATT, PRATT COUNTY, KANSAS UNDER THE AUTHORITY GRANTED IN THE ZONING AND SUBDIVISION REGULATIONS OF THE CITY OF PRATT, KANSAS, AS INCORPORATED IN THE CODE OF THE CITY OF PRATT, KANSAS. A motion by Commissioner Borho to accept the recommendation from the Planning and Zoning Commission to change the zoning classifications as listed in Ordinance 0902. Commissioner Hlavachick questioned if Mr. Jim Hays was in favor of this. Mr. Van Blaricum stated that if they were signed in, they were opposed. Mr. Van Blaricum commented that Mr. Hays lived in the house to the west and he felt that the possibility of a business going there would be detrimental to his property. Mr. Van Blaricum added that the people that live across the street to the east from the first lot felt that it would also be detrimental to their property for the same reason. Commissioner Taylor stated that he was uncomfortable with this situation and that you do not want to put a business in the middle of residential property. Mr. Van Blaricum commented that there was good discussion both ways. Commissioner Hlavachick commented that it passed in the meeting with a three to one vote. Commissioner Peltier seconded the motion on the table. The motion passed with four approved votes and one opposed voted by Commissioner Taylor.
Commissioner Taylor commented that he was not against business, but there are areas for business and that was not in a residential area. Commissioner Taylor added that we could be stirring up a hornet’s nest. Mayor Nystrom stated that there are a lot of non-conforming actions that result in doing someone a favor down the road and others will appreciate it down the road.
CONSIDERATION AND APPROVAL OF ORDINANCE CONCERNING SMOKING IN PUBLIC PLACES:
City Attorney Van Blaricum commented that the Commission had been working on this ordinance for some time and that at the last meeting we had gotten pretty close to a final ordinance. Mr. Van Blaricum stated that he had made the changes requested. Mr. Van Blaricum explained that on page two the definitions were pretty clear and pointed out that it was important to note that when talking about enclosed areas in Pratt,that does not include outdoors. Mr. Van Blaricum quickly talked about definition ‘D’ that talks about enclosed areas, ‘E-F’ that describes where alcohol beverages are allowed, and ‘I’ which defines a public place. Mr. Van Blaricum continued to point out definition ‘K’ that was pretty important and described the separate designated smoking area and ‘N’ that talks about sports arenas and that it does not include outdoor fields. Mr. Van Blaricum explained that if the school district wants to make Zerger Field non-smoking during their events, they can, but it would not be because of this ordinance.
Mr. Van Blaricum stated that prohibition of smoking in public places goes into effect May 1, 2009. Mr. Van Blaricum commented that Section G (1) involves food service establishments except for outdoor sections and that they have to be physically separated, (2) allows smoking in restaurants between 10:30 p.m. and 5:00 a.m., but that this provision shall expire January 4, 2010, and (3) January 5, 2010 allows smoking in a physically separated area only. Commissioner Taylor questioned if that included a closed door. Mr. Van Blaricum stated that it did and that goes back to designated separate area. Mr. Van Blaricum clarified that you have to have access, but it has to be kept closed.
Mr. Van Blaricum commented on prohibition of smoking in places of employment and that employers have the responsibility to put up signs. Mr. Van Blaricum stated that all City owned facilities must be non-smoking. Commissioner Borho questioned if smoking was allowed under the awnings at the Green Sports Complex, but areas around the concession stand were prohibited. Mr. Van Blaricum stated that was correct.
Mayor Nystrom questioned if an owner can make his whole restaurant a designated smoking area. Commissioner Borho pointed out prohibition of smoking on page three that states that smoking shall be prohibited to all enclosed areas. Mayor Nystrom explained that a smoking area could be a big as they want. Mr. Howard commented that you could make a small area non-smoking. Commissioner Borho commented that you could until January 2010. Mr. Van Blaricum stated that state law says they assume that there is a non-smoking area. Mayor Nystrom commented that non-smokers should not have to go through the smoking area to get to their area.
Commissioner Peltier questioned why retail tobacco stores that only sale tobacco should be able to smoke. Chief of Police Steve Holmes commented that you try cigars or pipe tobacco before purchasing. Commissioner Borho questioned who decides what employees work in a smoking area. Mr. Van Blaricum explained that if there was a room inside Woody’s designated as a smoking area, a person would have to technically come out to be served and bus their own tables. Commissioner Peltier stated that they have until January 2010 to work out the kinks. Mr. Van Blaricum commented that the boss can work a smoking area, but not the employees.
Commissioner Borho questioned why we do not outlaw smoking in public places period. Commissioner Peltier commented that owners would spend money to comply with this ordinance and then January 2010, we decide they cannot smoke at all and that was unfair. Mr. Van Blaricum commented that we would be willing to work with businesses a year in advance and would not jerk the rug out from under an owner. Commissioner Borho commented that states have gone non-smoking and wondered how they did that. Mr. Van Blaricum commented that they have lead time to prepare. Commissioner Borho commented that businesses may not spend money on an area if it is banned altogether. Commissioner Hlavachick commented that it might be decided by the State at some point.
Commissioner Borho stated that we should be straight forward and remove the statement that allows smoking from 10:30 p.m. to 5:00 a.m. and make it no smoking after January 5, 2010. Commissioner Borho commented that the State would not care what happens to owners. Commissioner Taylor questioned what other states had done this. Commissioner Borho explained that California, Colorado and New York were a few.
A audience guest reporter addressed the Commission and let them know that in Illinois where she had been a reporter, they did a ban that did not allow smoking within ten feet of a business and they did not discuss enclosed areas. Commissioner Peltier commented that we should take out Section G (2). Commissioner Borho stated that (2) should stay in with the exception of the last sentence and (3) should be rewritten to say enclosed area smoking is banned; then give the owner a whole year to not have smoking indoors. Commissioner Peltier commented that on and after January 5, 2010, smoking would be prohibited in restaurants. Commissioner Borho stated that for this year, (2) should stand as is to give businesses time.
The following Ordinance 0903 was then presented to the Commission for their approval: AN ORDINANCE CONCERNING SMOKING IN PUBLIC PLACES. Commissioner Peltier made a motion to approve Ordinance 0903 stating ‘on and after January 2010 smoking will not be permitted in a restaurant or licensed premises’. Commissioner Borho clarified that, if in a separate area, you can have smoking. Commissioner Hlavachick stated that even if Woody’s decided to close off an area, there was no smoking allowed indoors. Commissioner Hlavachick added that it seems that we could get there without all of this. Commissioner Borho seconded the motion on the table. Commissioner Borho commented that even if it is specific, the State may come in and not permit it. Mr. Van Blaricum commented that we can do it this way, but whatever the State of Kansa does, it will be more or less restrictive than our ordinance and then we may have to forget ours. Commissioner Borho commented that we do have home rule. Mr. Van Blaricum stated that the Commission could adopt the ordinance as written or wait for the change. Commissioner Taylor stated that he would like to wait to have the change in place.
Recreation Director Bruce Pinkall commented that as far as the Sports Complex, he felt that we should model that behavior and be non-smoking. Commissioner Taylor agreed and commented that you can post any area as non-smoking. Mr. Pinkall stated that he could do that.
After little more discussion, Commissioner Peltier and Commissioner Borho withdrew their motions to approve Ordinance 0903. Mr. Van Blaricum stated that he would redraft the ordinance for the next meeting. Mayor Nystrom clarified that after May 1, 2009, smoking is allowed after 10:30 p.m., but after January 4, 2010, you cannot smoke in enclosed areas. All were in agreement.
CONSIDERATION AND APPROVAL OF BID TO CRUSH OLD CONCRETE FOR ALLEY AND UTILITY CUT USE:
This item was tabled for a future meeting at the request of Public Works Director Russ Rambat.
CONSIDERATION AND APPROVAL OF REPLACEMENT OF COMPUTER AND SOFTWARE AT THE CEMETERY DIRECTORY:
Public Works Director Russ Rambat informed the Commission that the directory at the Cemetery had not been operational for several months. Mr. Rambat explained that they had tried to get the machine up and running, but it cannot be done as the software on the hard drive was written by the company without further expansion capabilities. Mr. Rambat commented that the directory had been installed in 2001 and had run up until the end of last year. Mr. Rambat stated that he had been able to gather the data and the Cemetery board had talked about updating the directory with a new touch screen monitor and software that would give Mr. Butch Simpson, Cemetery Sexton, the ability to do updates from his office. Mr. Rambat stated that the board would like to go out for bids. Commissioner Borho questioned what the original cost was. Mr. Rambat stated that it was around $22,000 with construction and the computer. Commissioner Borho commented that they should go out for bids and all Commissioners were in agreement. Commissioner Taylor asked if this would ever be available on line. Mr. Rambat stated that he was looking into the information being available on our website.
Commissioner Taylor commented that the renovations to Baby Land were a great addition. Mr. Rambat stated that there were a lot of comments on it and that there are two rows left to finish. Mr. Rambat added that it should be able to be completed this summer when Mr. Simpson has some part-time help.
CONSIDERATION AND APPROVAL OF FLOODPLAIN MANAGEMENT RESOLUTION:
City Manager Howard stated that this resolution was an update of our flood plain management and that the most important thing was that it would allow citizens to get flood insurance. Mr. Howard commented that this regulates how the City permits and allows building in the City. Mayor Nystrom commented that this does not redefine boundaries. Mr. Howard stated that it does not and that there was a process that someone can go through to be removed from the flood plain. Mr. Howard stated that in article three on page eight, it states the City Commissioners or duly represented party and that right now, the inspector issues permits. Commissioner Borho questioned if we wanted to keep that. Mr. Howard stated that it should be made a part of the motion to say City Manager or designee and that without discussion, it could be a technicality.
The Floodplain Management Resolution 020209 was then presented to the Commission for their approval. A motion by Commissioner Borho to approve Resolution 020209, the Floodplain Management Resolution, and that on page eight, section three, the duly designated representative would be the City Manager or his/her designated representative to issue necessary permits. The motion was seconded by Commissioner Hlavachick and carried unanimously.
DISCUSSION ON REMOVAL OF SOUTH COOLING TOWERS AT POWER PLANT #1:
City Manager Howard explained that last fall, the Commission had approved the repair on damage to the cooling tower, but when the company came out, they recommended that we not put any money into it. Mr. Howard commented that after discussing it, the best option was to tear it down and keep the insurance money. Mr. Howard stated that we had not proposed to replace the tower, but pricing could get better and if the Federal government offers incentives packages to do improvements on Public Works, this may fall under that. Mr. Howard explained that what they will do is use the cooling towers to the north that are still standing, which are actually used for the five mega watt generator or to operate the fourteen mega watt, but at a lesser capacity. Mr. Howard added that depends on the temperature and would be between six and nine megs. Power Plant Superintendent Ernie Smith stated that it was originally designed for eight megs and you can safely get seven mega watts out of a fourteen mega watt unit. Commissioner Borho questioned if that was due to the cooling towers capacity. Mr. Smith added that even though it is a physically bigger tower, the flow rate on a fourteen mega watt unit is a lot more, but you are not going to get the capacity. Commissioner Borho questioned if it would not be worth it to retrofit the north tower to accommodate the increased flow rate. Mr. Smith answered that what happens is that the piping that comes to the suction line goes from 36” suction lines down to 24” lines.
Mr. Howard commented that one of the things that they looked at was to carry it over to the other cooling tower and back to where the return was, but there was not time to study that. Mr. Howard stated that this was to inform the Commission that we would like to tear the old cooling tower down before it comes down on its own, clean it up and then look at different options. Mr. Howard explained that the intent would be to put a new tower in, that would be approved by the Commission, and could handle the five and fourteen mega watt units. Mr. Howard commented that this way we can operate and meet all the capacity requirements with KMEA, MKEC, Sunflower and SPP standards.
Commissioner Borho questioned if the five meg was put in in the 1950’s and the fourteen meg in 1967 or so. Mr. Smith stated that the five meg unit was put in in 1952 and the fourteen meg unit in 1964. Commissioner Borho asked about the north and south cooling towers. Mr. Smith stated that the south tower was in 1964 and the north tower was in 1961. Mr. Howard commented that we were not going to abandon the five mega watt unit, but show it out of service. Mr. Howard explained that as long as we only have one tie into the City, we need to have it. Commissioner Borho commented that it was good insurance. Mr. Howard agreed. Commissioner Taylor questioned if we do still have our 112% capacity. Mr. Howard stated that we would, but if we lost energy and had to shut down, the capacity would not be there for a time. Commissioner Taylor asked what our peak was during the summer. Mr. Howard stated that it was 23 ½. Energy Agent Kenny Kreutzer explained that you have seven from both the five and fourteen mega watt units and nine from our MKEC contract. Mr. Howard repeated that if we lose our tie, we could have trouble depending on the time of the year.
Commissioner Taylor questioned how much a new cooling tower would cost. Mr. Howard answered that it would be around half a million, but the building materials were dropping monthly. Mr. Smith stated that he had received a cost of $400,000 in June for a wooden tower and that a metal cooling tower was about $350,000 due to the lower life expectancy. Commissioner Borho commented that we have gotten the use out of our wooden ones we have.
Mayor Nystrom questioned how much a tie cost. Mr. Howard stated that it was about $2,000,000. Mr. Kreutzer stated that with building a substation and the accessories, it could add up to about $8,000,000. Mr. Howard commented that that was why it had not been done. Mayor Nystrom questioned what if where the tie was connected with the grid and it got wiped out by a tornado, like it did, then we would have a back-up on our side. Mr. Howard commented that whenever there is a development opportunity, one of the things we were looking for was a chance to get that second tie. Mr. Howard added that wind generation could help to provide that.
Mr. Howard commented that they would move forward with this and bring the cooling tower to the Commission within the next couple of months. Commissioner Taylor asked if they would be updating the bid. Mr. Howard stated that they would have something for them to bid on and that they were watching the incentive program. Mr. Smith commented that the outfit that was interested in taking the cooling tower down was not interested in doing the job if we were not going to buy from them. Mr. Smith added that there was a company coming in Wednesday to see how much it cost to take it down and Kansas Can would be out to see if there was any salvage value in the tower. Mayor Nystrom asked what we have in that. Mr. Smith answered that there were two gear boxes, two motors, 20’ aluminum bladed fans with eight blades on each one plus fiberglass cones.
REPORTS:
Executive session request:
City Manager Howard requested an executive session at the end of the meeting for non-elective personnel to last ten minutes with no decisions expected.
Street Department:
Public Works Director Russ Rambat reported that the street department continues to cut out areas of brick on the side streets. Mr. Rambat explained that salt sits up close to the curb and eats at the bricks in some areas of town.
Curb & Gutter Project 2009:
Mr. Rambat informed the Commission that he was beginning to measure up for the 2009 curb and gutter project.
Baker Pool & Spa Safety Act:
Commissioner Borho questioned the article in the packet concerning the Virginia Graeme Baker Pool and Spa Safety Act. Mr. Rambat stated that he thought it was named after the original victim. Commissioner Borho asked if this was something we were looking at. Mr. Rambat stated we were taking initial measurements to come into compliance. Commissioner Borho asked about where you get an aquatic engineer. Mr. Rambat stated that there were several out there and he had spoken to one at length. Mr. Rambat explained that he would be draining the pool in a few weeks and modify the box and hopes that we do not have to cut into the pool. Commissioner Borho asked if we would have to patch the fiberglass liner. Mr. Rambat stated that we would have to hire that company back to patch the liner if we need to cut into it. Commissioner Borho asked how this was checked. Mr. Rambat stated that he was not sure. Commissioner Borho questioned if it would be OSHA. Mr. Rambat commented that it would probably be some branch of that.
Red Cross designation:
Recreation Director Bruce Pinkall informed the Commission that he had finally gotten the information on the Red Cross disaster designations for the Municipal Building and Community Center. Commissioner Borho asked if this was something that came before the Commission. Mr. Pinkall answered that this was just reassuring them that we have these facilities and that the Red Cross had done the inventory of the buildings.
Topeka trip:
Police Chief Steve Holmes informed the Commission that he would be leaving for Topeka in the morning for a law enforcement legislative meeting. Chief Holmes commented that the state wide no smoking topic would be discussed.
State budget cuts:
Finance Director Diana Garten stated that she had been watching what was going on with the state budget cuts and how they related to us. Ms. Garten stated that the Governor proposed $159,000,000 in budget cuts and that the House and the Senate were on different sides. Ms. Garten commented that one of the major items was that we could lose 100% of the liquor tax, which is about $45,000. Commissioner Peltier questioned why we would not get the liquor tax. Ms. Garten stated that the State would keep all of it to save their budget. Commissioner Borho asked if their deficit was predicted to be around $180,000,000. Ms. Garten stated that right now they are looking at $160,000,000, but they are talking about it being as much as $300,000,000 by 2011 if they do not do these cuts. Ms. Garten commented that the Senate is being proactive and they want to cut more than the Governor has proposed; whereas the House is being more generous. Ms. Garten explained that the budget is going to be cut, they are not going to taxes, but we are just not sure where the cuts are going to come from. Ms. Garten commented that the Democrats want to hit local government, but the Republicans want to spread it out to all entities.
Ms. Garten stated that besides the liquor tax, the State City County Highway Fund, which is how we maintain our streets, could be affected with the Senate wanting to cut it by about 10% or $20,000 a year and the House is looking at about a 4% cut. Commissioner Taylor asked if we had given away some of the highway miles to the highway project. Ms. Garten answered that we are paying on the highway project, but the possible stimulus package from the Federal Government could help make up some of that.
Ms. Garten stated that the machinery and equipment slider that took business machinery away in 2006 and put a slider in to make up for it, is something they do not want to pay. Ms. Garten explained that the Senate wants to delay the payment until May so they can see the income tax revenues when they come in and the House is wanting to go ahead and pay on time with the first payment being now.
Ms. Garten stated that another item is the LABTR that was to be reinstated in 2010, but that it does not look like that will happen.
Ms. Garten stated that the Senate closely mirrored the Governor’s projections and that we could be looking at $65,000 to $95,000 in cuts over the next two years.
Ms. Garten informed the Commission that there is a forum on February 14th in Pratt with Mitch Holmes and Ruth Teichman, but the time and place were not certain yet.
Sales Tax:
Ms. Garten informed the Commission that the sales tax for January, which was based on November 2008 sales, did not show a recession. Ms. Garten commented that this was the best month ever going back to 2003 and that it was up from this time last year by $52,736.73.
City Hall Day:
Mayor Nystrom commented that he had attended City Hall Day and had visited with Representative Yoder. Mayor Nystrom explained that he had asked Representative Yoder where the proposed shortfalls were coming from and he had stated that these were projections and there currently was not a loss. Commissioner Borho commented that they had not stopped their State House renovation. Mayor Nystrom stated that they had not, but the Capital was a beautiful place. Ms. Garten added that they are going to finish the wing they had started and then postpone the rest.
Mayor Nystrom added that one thing we are not going to get is real support from our state representatives and they are going to pass the buck down to the local taxing entities. Mayor Nystrom commented that they made it clear that they were more concerned about the election than they are about performance.
Executive Session:
A motion by Mayor Nystrom to enter into executive session to discuss non-elective personnel for ten minutes. The motion was seconded by Commissioner Taylor and carried unanimously.
Upon proper motion, the Commission returned from executive session with nothing to report.
ADJOURN:
The regular meeting was adjourned by proper motion.
_______________________________________
ERIC NYSTROM, Mayor
(SEAL)
ATTEST:
_________________________________________
LUANN KRAMER, City Clerk
FEBRUARY 02, 2009
The Governing Body of the City of Pratt met in Regular session in the Commission Room located in City Hall.
PRESENT: Eric Nystrom Mayor
Glenna Borho Commissioner
Jeff Taylor Commissioner
Bill Hlavachick Commissioner
Willy Peltier Commissioner
ALSO PRESENT: Dave Howard City Manager
LuAnn Kramer City Clerk
Ken Van Blaricum City Attorney
Diana Garten Finance Director
Steve Holmes Chief of Police
Russ Rambat Public Works Director
Bruce Pinkall Recreation Director
CALL TO ORDER:
Mayor Nystrom called the regular session to order. The Mayor instructed the Clerk to note that all Commissioners were present with the exception of Commissioner Peltier.
MINUTES:
A motion by Commissioner Borho to approve the minutes of the January 19, 2009 regular Commission meeting. The motion was seconded by Commissioner Taylor and carried unanimously.
OPEN AGENDA:
Request to vacate :
Mr. Richard McDiffett, 524 Logan, addressed the Commission on a vacation of Taylor Street between Simpson and New Streets. Commissioner Borho asked why Mr. McDiffett wanted this. Mr. McDiffett stated that he had been maintaining the area for twenty-two years. (Commissioner Peltier arrived at 5:05 p.m.) Mr. McDiffett continued to explain that he had cleaned up the area and kept it mowed along with the neighbors keeping the area around their property clean. Mr. McDiffett added that the street easement was 65’ wide and City easements were 80’ wide so if the City would want to develop the street, they would need an additional 15’. Commissioner Taylor asked who owned the property to the north. Mr. McDiffett stated that Mr. Rod Siedel owned that property. Commissioner Hlavachick asked if it had ever been a road. City Manager Howard commented that it had not and that the north half of the property would go to the north property owners and the southern half would go to those property owners that border the property. Mr. McDiffett stated that Kansas Statute 12-506 states that streets that are vacated shall revert to the owners of the property immediately abutting the land; therefore, the area not platted to the north of Logan Street would go to the owners of the property to the north. Commissioner Peltier commented that the down side of vacating Simpson Street would be that it would not be able to be expanded for development in the future. Commissioner Borho commented that that was a fair assessment.
Mr. Howard commented that there was a plat in the early stages and it would not need Simpson Street to go to the west. Commissioner Borho asked if the property to the north had ever been annexed into the City. Mr. Howard stated that it had not and that the only City utility would be electric.
Mayor Nystrom questioned if he and Commissioner Peltier should abstain from this discussion since they both own property next to the proposal. City Attorney Van Blaricum stated that this was a complex issue and that it should go before the Planning & Zoning Commission with something in writing for an application of vacation. Mr. Van Blaricum commented that if it gets to that point, it could be a conflict. Mayor Nystrom questioned if they should have input now. Mr. Van Blaricum stated that it was a mute point right now and they should wait and see what the Zoning Commission decides. Mr. Van Blaricum added that they should not vote on this question. Mayor Nystrom clarified that no vote, no input. Mr. Van Blaricum stated yes.
Mr. Howard commented that he had visited with a party involved last Friday and the reason they are here was to see if the Commissioners would consider vacating that property before they went to the expense of surveying, etc. Commissioner Borho commented that it was right on the City County line and that this subject was usually pursued through the Zoning Commissioner and they make a recommendation. Commissioner Taylor asked if anyone was paying property taxes. Mr. Howard commented that the property was owned by the City so no property taxes were being paid. Commissioner Hlavachick asked if the City would maintain the utility easement. Mr. Howard stated that we would. Commissioner Hlavachick commented that he recommended that it come through the Planning and Zoning Commission also. Mr. McDiffett commented that he had closed Mound Street a few years ago through this group. Mr. Howard stated that the plat was in the early stages and that, in the end, we would feel better having it vacated on the recommendation of the Planning and Zoning Commission. Mr. McDiffett commented that he was confused a little as he got one street vacated and now he cannot, even with the landowners being in favor.
Mr. Rod Siedel addressed the Commission and let them know that he had purchased the property north from the Doskocil Estate and his dream was to someday develop it. Mr. Siedel commented that he had cleaned up the sand pit that had become a dump for anyone that could sneak in. Mr. Siedel stated that he had visited with Mr. Blake Himmelwright and he was in total agreement with the development. Mr. Siedel commented that he had planned on coming before the Commission in a few weeks with the plans and he wants to make it good for the City. City Manager Howard commented that he had visited with Mr. Siedel and informed him that utilities would not be extended unless the property was annexed, but they only want electric. Mr. Howard added that they would like the okay to go ahead before spending a lot of money, because if they do not have any electric, there would be no plat. Commissioner Borho questioned how they would access the development. Mr. Siedel stated that there could be a couple of different ways and one being that you stay on Simpson Street behind 516 Logan and bring the access through the right-of-way to where Mound Street used to be and close the rest of Simpson Street. Mr. Siedel explained that the other way would be to access from Taylor Street and go straight north.
Mr. Howard commented that the plat would be by Mr. Himmelwright and Mr. Siedel and that the decision now would be whether we allow electrical utilities. Commissioner Borho questioned if they want the vacation no matter what the access. Mr. Siedel stated that he did. Commissioner Borho commented that she would like to see this researched by the Planning and Zoning attorney and that the Commission was pro-development wanting to see Pratt grow and, if by a private developer, that was all the better. The Commission and City Manager clarified that this would be brought before the Planning and Zoning Commission at their next meeting and the City Commission would review upon the Zoning Commissions recommendation.
BUSINESS:
PRESENTATION OF ‘JOE WYNN VOLUNTEER AWARD’ FOR 2007 TO THE PRATT ROTARY CLUB:
Mayor Nystrom presented the Joe Wynn Volunteer Award for 2007 to Mr. Don Belden, representative for the Pratt Rotary Club. Mayor Nystrom explained that the Pratt Rotary Club was nominated for their work on the nature trail and other volunteer work they do in Pratt.
CONSIDERATION AND APPROVAL OF ORDINANCE AMENDING ZONING CLASSIFICATION:
City Attorney Ken Van Blaricum stated the property involved in the zoning change was across from Zerger Park on First Street. Mr. Van Blaricum commented that the Epp brothers had filed an application with the Planning and Zoning Commission with the request to go from residential to highway service district. Mr. Van Blaricum explained that the Planning and Zoning Commission has voted unanimously to do that. Commissioner Taylor asked if it was any more than the three houses. City Manager Howard stated that it was the three houses and six lots behind to Blaine Street. Mr. Howard added that there had been a public hearing as required.
The following Ordinance 0902 was then presented to the Commission for their approval: AN ORDINANCE AMENDING THE ZONING CLASSIFICATION OR DISTRICT OF LOTS ONE (1), TWO (2), THREE (3), FOUR (4), FIVE (5) AND SIX (6), IN BLOCK SIX (6) OF SIMPSON’S SUBDIVISION OF BLOCK 25 IN SIMPSON’S SECOND ADDITION TO THE CITY OF PRATT, PRATT COUNTY, KANSAS UNDER THE AUTHORITY GRANTED IN THE ZONING AND SUBDIVISION REGULATIONS OF THE CITY OF PRATT, KANSAS, AS INCORPORATED IN THE CODE OF THE CITY OF PRATT, KANSAS. A motion by Commissioner Borho to accept the recommendation from the Planning and Zoning Commission to change the zoning classifications as listed in Ordinance 0902. Commissioner Hlavachick questioned if Mr. Jim Hays was in favor of this. Mr. Van Blaricum stated that if they were signed in, they were opposed. Mr. Van Blaricum commented that Mr. Hays lived in the house to the west and he felt that the possibility of a business going there would be detrimental to his property. Mr. Van Blaricum added that the people that live across the street to the east from the first lot felt that it would also be detrimental to their property for the same reason. Commissioner Taylor stated that he was uncomfortable with this situation and that you do not want to put a business in the middle of residential property. Mr. Van Blaricum commented that there was good discussion both ways. Commissioner Hlavachick commented that it passed in the meeting with a three to one vote. Commissioner Peltier seconded the motion on the table. The motion passed with four approved votes and one opposed voted by Commissioner Taylor.
Commissioner Taylor commented that he was not against business, but there are areas for business and that was not in a residential area. Commissioner Taylor added that we could be stirring up a hornet’s nest. Mayor Nystrom stated that there are a lot of non-conforming actions that result in doing someone a favor down the road and others will appreciate it down the road.
CONSIDERATION AND APPROVAL OF ORDINANCE CONCERNING SMOKING IN PUBLIC PLACES:
City Attorney Van Blaricum commented that the Commission had been working on this ordinance for some time and that at the last meeting we had gotten pretty close to a final ordinance. Mr. Van Blaricum stated that he had made the changes requested. Mr. Van Blaricum explained that on page two the definitions were pretty clear and pointed out that it was important to note that when talking about enclosed areas in Pratt,that does not include outdoors. Mr. Van Blaricum quickly talked about definition ‘D’ that talks about enclosed areas, ‘E-F’ that describes where alcohol beverages are allowed, and ‘I’ which defines a public place. Mr. Van Blaricum continued to point out definition ‘K’ that was pretty important and described the separate designated smoking area and ‘N’ that talks about sports arenas and that it does not include outdoor fields. Mr. Van Blaricum explained that if the school district wants to make Zerger Field non-smoking during their events, they can, but it would not be because of this ordinance.
Mr. Van Blaricum stated that prohibition of smoking in public places goes into effect May 1, 2009. Mr. Van Blaricum commented that Section G (1) involves food service establishments except for outdoor sections and that they have to be physically separated, (2) allows smoking in restaurants between 10:30 p.m. and 5:00 a.m., but that this provision shall expire January 4, 2010, and (3) January 5, 2010 allows smoking in a physically separated area only. Commissioner Taylor questioned if that included a closed door. Mr. Van Blaricum stated that it did and that goes back to designated separate area. Mr. Van Blaricum clarified that you have to have access, but it has to be kept closed.
Mr. Van Blaricum commented on prohibition of smoking in places of employment and that employers have the responsibility to put up signs. Mr. Van Blaricum stated that all City owned facilities must be non-smoking. Commissioner Borho questioned if smoking was allowed under the awnings at the Green Sports Complex, but areas around the concession stand were prohibited. Mr. Van Blaricum stated that was correct.
Mayor Nystrom questioned if an owner can make his whole restaurant a designated smoking area. Commissioner Borho pointed out prohibition of smoking on page three that states that smoking shall be prohibited to all enclosed areas. Mayor Nystrom explained that a smoking area could be a big as they want. Mr. Howard commented that you could make a small area non-smoking. Commissioner Borho commented that you could until January 2010. Mr. Van Blaricum stated that state law says they assume that there is a non-smoking area. Mayor Nystrom commented that non-smokers should not have to go through the smoking area to get to their area.
Commissioner Peltier questioned why retail tobacco stores that only sale tobacco should be able to smoke. Chief of Police Steve Holmes commented that you try cigars or pipe tobacco before purchasing. Commissioner Borho questioned who decides what employees work in a smoking area. Mr. Van Blaricum explained that if there was a room inside Woody’s designated as a smoking area, a person would have to technically come out to be served and bus their own tables. Commissioner Peltier stated that they have until January 2010 to work out the kinks. Mr. Van Blaricum commented that the boss can work a smoking area, but not the employees.
Commissioner Borho questioned why we do not outlaw smoking in public places period. Commissioner Peltier commented that owners would spend money to comply with this ordinance and then January 2010, we decide they cannot smoke at all and that was unfair. Mr. Van Blaricum commented that we would be willing to work with businesses a year in advance and would not jerk the rug out from under an owner. Commissioner Borho commented that states have gone non-smoking and wondered how they did that. Mr. Van Blaricum commented that they have lead time to prepare. Commissioner Borho commented that businesses may not spend money on an area if it is banned altogether. Commissioner Hlavachick commented that it might be decided by the State at some point.
Commissioner Borho stated that we should be straight forward and remove the statement that allows smoking from 10:30 p.m. to 5:00 a.m. and make it no smoking after January 5, 2010. Commissioner Borho commented that the State would not care what happens to owners. Commissioner Taylor questioned what other states had done this. Commissioner Borho explained that California, Colorado and New York were a few.
A audience guest reporter addressed the Commission and let them know that in Illinois where she had been a reporter, they did a ban that did not allow smoking within ten feet of a business and they did not discuss enclosed areas. Commissioner Peltier commented that we should take out Section G (2). Commissioner Borho stated that (2) should stay in with the exception of the last sentence and (3) should be rewritten to say enclosed area smoking is banned; then give the owner a whole year to not have smoking indoors. Commissioner Peltier commented that on and after January 5, 2010, smoking would be prohibited in restaurants. Commissioner Borho stated that for this year, (2) should stand as is to give businesses time.
The following Ordinance 0903 was then presented to the Commission for their approval: AN ORDINANCE CONCERNING SMOKING IN PUBLIC PLACES. Commissioner Peltier made a motion to approve Ordinance 0903 stating ‘on and after January 2010 smoking will not be permitted in a restaurant or licensed premises’. Commissioner Borho clarified that, if in a separate area, you can have smoking. Commissioner Hlavachick stated that even if Woody’s decided to close off an area, there was no smoking allowed indoors. Commissioner Hlavachick added that it seems that we could get there without all of this. Commissioner Borho seconded the motion on the table. Commissioner Borho commented that even if it is specific, the State may come in and not permit it. Mr. Van Blaricum commented that we can do it this way, but whatever the State of Kansa does, it will be more or less restrictive than our ordinance and then we may have to forget ours. Commissioner Borho commented that we do have home rule. Mr. Van Blaricum stated that the Commission could adopt the ordinance as written or wait for the change. Commissioner Taylor stated that he would like to wait to have the change in place.
Recreation Director Bruce Pinkall commented that as far as the Sports Complex, he felt that we should model that behavior and be non-smoking. Commissioner Taylor agreed and commented that you can post any area as non-smoking. Mr. Pinkall stated that he could do that.
After little more discussion, Commissioner Peltier and Commissioner Borho withdrew their motions to approve Ordinance 0903. Mr. Van Blaricum stated that he would redraft the ordinance for the next meeting. Mayor Nystrom clarified that after May 1, 2009, smoking is allowed after 10:30 p.m., but after January 4, 2010, you cannot smoke in enclosed areas. All were in agreement.
CONSIDERATION AND APPROVAL OF BID TO CRUSH OLD CONCRETE FOR ALLEY AND UTILITY CUT USE:
This item was tabled for a future meeting at the request of Public Works Director Russ Rambat.
CONSIDERATION AND APPROVAL OF REPLACEMENT OF COMPUTER AND SOFTWARE AT THE CEMETERY DIRECTORY:
Public Works Director Russ Rambat informed the Commission that the directory at the Cemetery had not been operational for several months. Mr. Rambat explained that they had tried to get the machine up and running, but it cannot be done as the software on the hard drive was written by the company without further expansion capabilities. Mr. Rambat commented that the directory had been installed in 2001 and had run up until the end of last year. Mr. Rambat stated that he had been able to gather the data and the Cemetery board had talked about updating the directory with a new touch screen monitor and software that would give Mr. Butch Simpson, Cemetery Sexton, the ability to do updates from his office. Mr. Rambat stated that the board would like to go out for bids. Commissioner Borho questioned what the original cost was. Mr. Rambat stated that it was around $22,000 with construction and the computer. Commissioner Borho commented that they should go out for bids and all Commissioners were in agreement. Commissioner Taylor asked if this would ever be available on line. Mr. Rambat stated that he was looking into the information being available on our website.
Commissioner Taylor commented that the renovations to Baby Land were a great addition. Mr. Rambat stated that there were a lot of comments on it and that there are two rows left to finish. Mr. Rambat added that it should be able to be completed this summer when Mr. Simpson has some part-time help.
CONSIDERATION AND APPROVAL OF FLOODPLAIN MANAGEMENT RESOLUTION:
City Manager Howard stated that this resolution was an update of our flood plain management and that the most important thing was that it would allow citizens to get flood insurance. Mr. Howard commented that this regulates how the City permits and allows building in the City. Mayor Nystrom commented that this does not redefine boundaries. Mr. Howard stated that it does not and that there was a process that someone can go through to be removed from the flood plain. Mr. Howard stated that in article three on page eight, it states the City Commissioners or duly represented party and that right now, the inspector issues permits. Commissioner Borho questioned if we wanted to keep that. Mr. Howard stated that it should be made a part of the motion to say City Manager or designee and that without discussion, it could be a technicality.
The Floodplain Management Resolution 020209 was then presented to the Commission for their approval. A motion by Commissioner Borho to approve Resolution 020209, the Floodplain Management Resolution, and that on page eight, section three, the duly designated representative would be the City Manager or his/her designated representative to issue necessary permits. The motion was seconded by Commissioner Hlavachick and carried unanimously.
DISCUSSION ON REMOVAL OF SOUTH COOLING TOWERS AT POWER PLANT #1:
City Manager Howard explained that last fall, the Commission had approved the repair on damage to the cooling tower, but when the company came out, they recommended that we not put any money into it. Mr. Howard commented that after discussing it, the best option was to tear it down and keep the insurance money. Mr. Howard stated that we had not proposed to replace the tower, but pricing could get better and if the Federal government offers incentives packages to do improvements on Public Works, this may fall under that. Mr. Howard explained that what they will do is use the cooling towers to the north that are still standing, which are actually used for the five mega watt generator or to operate the fourteen mega watt, but at a lesser capacity. Mr. Howard added that depends on the temperature and would be between six and nine megs. Power Plant Superintendent Ernie Smith stated that it was originally designed for eight megs and you can safely get seven mega watts out of a fourteen mega watt unit. Commissioner Borho questioned if that was due to the cooling towers capacity. Mr. Smith added that even though it is a physically bigger tower, the flow rate on a fourteen mega watt unit is a lot more, but you are not going to get the capacity. Commissioner Borho questioned if it would not be worth it to retrofit the north tower to accommodate the increased flow rate. Mr. Smith answered that what happens is that the piping that comes to the suction line goes from 36” suction lines down to 24” lines.
Mr. Howard commented that one of the things that they looked at was to carry it over to the other cooling tower and back to where the return was, but there was not time to study that. Mr. Howard stated that this was to inform the Commission that we would like to tear the old cooling tower down before it comes down on its own, clean it up and then look at different options. Mr. Howard explained that the intent would be to put a new tower in, that would be approved by the Commission, and could handle the five and fourteen mega watt units. Mr. Howard commented that this way we can operate and meet all the capacity requirements with KMEA, MKEC, Sunflower and SPP standards.
Commissioner Borho questioned if the five meg was put in in the 1950’s and the fourteen meg in 1967 or so. Mr. Smith stated that the five meg unit was put in in 1952 and the fourteen meg unit in 1964. Commissioner Borho asked about the north and south cooling towers. Mr. Smith stated that the south tower was in 1964 and the north tower was in 1961. Mr. Howard commented that we were not going to abandon the five mega watt unit, but show it out of service. Mr. Howard explained that as long as we only have one tie into the City, we need to have it. Commissioner Borho commented that it was good insurance. Mr. Howard agreed. Commissioner Taylor questioned if we do still have our 112% capacity. Mr. Howard stated that we would, but if we lost energy and had to shut down, the capacity would not be there for a time. Commissioner Taylor asked what our peak was during the summer. Mr. Howard stated that it was 23 ½. Energy Agent Kenny Kreutzer explained that you have seven from both the five and fourteen mega watt units and nine from our MKEC contract. Mr. Howard repeated that if we lose our tie, we could have trouble depending on the time of the year.
Commissioner Taylor questioned how much a new cooling tower would cost. Mr. Howard answered that it would be around half a million, but the building materials were dropping monthly. Mr. Smith stated that he had received a cost of $400,000 in June for a wooden tower and that a metal cooling tower was about $350,000 due to the lower life expectancy. Commissioner Borho commented that we have gotten the use out of our wooden ones we have.
Mayor Nystrom questioned how much a tie cost. Mr. Howard stated that it was about $2,000,000. Mr. Kreutzer stated that with building a substation and the accessories, it could add up to about $8,000,000. Mr. Howard commented that that was why it had not been done. Mayor Nystrom questioned what if where the tie was connected with the grid and it got wiped out by a tornado, like it did, then we would have a back-up on our side. Mr. Howard commented that whenever there is a development opportunity, one of the things we were looking for was a chance to get that second tie. Mr. Howard added that wind generation could help to provide that.
Mr. Howard commented that they would move forward with this and bring the cooling tower to the Commission within the next couple of months. Commissioner Taylor asked if they would be updating the bid. Mr. Howard stated that they would have something for them to bid on and that they were watching the incentive program. Mr. Smith commented that the outfit that was interested in taking the cooling tower down was not interested in doing the job if we were not going to buy from them. Mr. Smith added that there was a company coming in Wednesday to see how much it cost to take it down and Kansas Can would be out to see if there was any salvage value in the tower. Mayor Nystrom asked what we have in that. Mr. Smith answered that there were two gear boxes, two motors, 20’ aluminum bladed fans with eight blades on each one plus fiberglass cones.
REPORTS:
Executive session request:
City Manager Howard requested an executive session at the end of the meeting for non-elective personnel to last ten minutes with no decisions expected.
Street Department:
Public Works Director Russ Rambat reported that the street department continues to cut out areas of brick on the side streets. Mr. Rambat explained that salt sits up close to the curb and eats at the bricks in some areas of town.
Curb & Gutter Project 2009:
Mr. Rambat informed the Commission that he was beginning to measure up for the 2009 curb and gutter project.
Baker Pool & Spa Safety Act:
Commissioner Borho questioned the article in the packet concerning the Virginia Graeme Baker Pool and Spa Safety Act. Mr. Rambat stated that he thought it was named after the original victim. Commissioner Borho asked if this was something we were looking at. Mr. Rambat stated we were taking initial measurements to come into compliance. Commissioner Borho asked about where you get an aquatic engineer. Mr. Rambat stated that there were several out there and he had spoken to one at length. Mr. Rambat explained that he would be draining the pool in a few weeks and modify the box and hopes that we do not have to cut into the pool. Commissioner Borho asked if we would have to patch the fiberglass liner. Mr. Rambat stated that we would have to hire that company back to patch the liner if we need to cut into it. Commissioner Borho asked how this was checked. Mr. Rambat stated that he was not sure. Commissioner Borho questioned if it would be OSHA. Mr. Rambat commented that it would probably be some branch of that.
Red Cross designation:
Recreation Director Bruce Pinkall informed the Commission that he had finally gotten the information on the Red Cross disaster designations for the Municipal Building and Community Center. Commissioner Borho asked if this was something that came before the Commission. Mr. Pinkall answered that this was just reassuring them that we have these facilities and that the Red Cross had done the inventory of the buildings.
Topeka trip:
Police Chief Steve Holmes informed the Commission that he would be leaving for Topeka in the morning for a law enforcement legislative meeting. Chief Holmes commented that the state wide no smoking topic would be discussed.
State budget cuts:
Finance Director Diana Garten stated that she had been watching what was going on with the state budget cuts and how they related to us. Ms. Garten stated that the Governor proposed $159,000,000 in budget cuts and that the House and the Senate were on different sides. Ms. Garten commented that one of the major items was that we could lose 100% of the liquor tax, which is about $45,000. Commissioner Peltier questioned why we would not get the liquor tax. Ms. Garten stated that the State would keep all of it to save their budget. Commissioner Borho asked if their deficit was predicted to be around $180,000,000. Ms. Garten stated that right now they are looking at $160,000,000, but they are talking about it being as much as $300,000,000 by 2011 if they do not do these cuts. Ms. Garten commented that the Senate is being proactive and they want to cut more than the Governor has proposed; whereas the House is being more generous. Ms. Garten explained that the budget is going to be cut, they are not going to taxes, but we are just not sure where the cuts are going to come from. Ms. Garten commented that the Democrats want to hit local government, but the Republicans want to spread it out to all entities.
Ms. Garten stated that besides the liquor tax, the State City County Highway Fund, which is how we maintain our streets, could be affected with the Senate wanting to cut it by about 10% or $20,000 a year and the House is looking at about a 4% cut. Commissioner Taylor asked if we had given away some of the highway miles to the highway project. Ms. Garten answered that we are paying on the highway project, but the possible stimulus package from the Federal Government could help make up some of that.
Ms. Garten stated that the machinery and equipment slider that took business machinery away in 2006 and put a slider in to make up for it, is something they do not want to pay. Ms. Garten explained that the Senate wants to delay the payment until May so they can see the income tax revenues when they come in and the House is wanting to go ahead and pay on time with the first payment being now.
Ms. Garten stated that another item is the LABTR that was to be reinstated in 2010, but that it does not look like that will happen.
Ms. Garten stated that the Senate closely mirrored the Governor’s projections and that we could be looking at $65,000 to $95,000 in cuts over the next two years.
Ms. Garten informed the Commission that there is a forum on February 14th in Pratt with Mitch Holmes and Ruth Teichman, but the time and place were not certain yet.
Sales Tax:
Ms. Garten informed the Commission that the sales tax for January, which was based on November 2008 sales, did not show a recession. Ms. Garten commented that this was the best month ever going back to 2003 and that it was up from this time last year by $52,736.73.
City Hall Day:
Mayor Nystrom commented that he had attended City Hall Day and had visited with Representative Yoder. Mayor Nystrom explained that he had asked Representative Yoder where the proposed shortfalls were coming from and he had stated that these were projections and there currently was not a loss. Commissioner Borho commented that they had not stopped their State House renovation. Mayor Nystrom stated that they had not, but the Capital was a beautiful place. Ms. Garten added that they are going to finish the wing they had started and then postpone the rest.
Mayor Nystrom added that one thing we are not going to get is real support from our state representatives and they are going to pass the buck down to the local taxing entities. Mayor Nystrom commented that they made it clear that they were more concerned about the election than they are about performance.
Executive Session:
A motion by Mayor Nystrom to enter into executive session to discuss non-elective personnel for ten minutes. The motion was seconded by Commissioner Taylor and carried unanimously.
Upon proper motion, the Commission returned from executive session with nothing to report.
ADJOURN:
The regular meeting was adjourned by proper motion.
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ERIC NYSTROM, Mayor
(SEAL)
ATTEST:
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LUANN KRAMER, City Clerk