MONDAY
June 01, 2009
The Governing Body of the City of Pratt met in Regular session in the Commission Room located in City Hall.
PRESENT: Jeff Taylor Mayor
Eric Nystrom Commissioner
Bill Hlavachick Commissioner
Willy Peltier Commissioner
Victor Graf Commissioner
ALSO PRESENT: Dave Howard City Manager
LuAnn Kramer City Clerk
Ken Van Blaricum City Attorney
Diana Garten Finance Director
Steve Holmes Chief of Police
Brad Blankenship Building Inspector Kelly Hemphill Dir. of Electric Utilities
Bruce Pinkall Recreation Director
CALL TO ORDER:
Mayor Taylor called the regular meeting to order. The Mayor instructed the Clerk to note that all Commissioners were present with the exception of Commissioner Peltier who was going to be late.
Mayor Taylor reminded the audience that the meeting may be taped and/or recorded.
MINUTES:
A motion by Commissioner Hlavachick to approve the minutes of the May 18, 2009 regular meeting. The motion was seconded by Commissioner Nystrom and carried unanimously.
OPEN AGENDA:
No one in the audience wished to address the Commission.
BUSINESS:
PRESENTATION OF THE 2008 CITY OF PRATT AUDIT:
Ms. Vicki Dreiling of Adams, Brown, Beran, & Ball Chtd. commented to the Commission that page one began with the independent auditor’s report and that the last paragraph states that ‘the financial statements referred to above present fairly, in all material respects, the cash and unencumbered cash balances of each fund of the City of Pratt, Kansas, as of December 31, 2008, and their respective cash receipts and disbursements, and budgetary results for the year then ended’.
Ms. Dreiling stated that the financial statements are presented on a statutory basis of accounting, which is different than general accepted accounting principles. Ms. Dreiling commented that it is okay to use the statutory basis of accounting since the City passes a resolution yearly allowing that type of accounting. (Commissioner Peltier arrived at 5:06 p.m.) Ms. Dreiling added that basically they are giving their unqualified opinion on the financial statements, which is the highest form of opinion that they can give on those statements.
Ms. Dreiling moved on to page two and three to discuss the summary of cash receipts, expenditures and unencumbered cash. Ms. Dreiling commented that the report lists out each fund, their beginning of unencumbered cash balances, cash receipts, expenditures, ending unencumbered cash balance, any outstanding accounts payable and the ending cash balance. Ms. Dreiling stated that the year began with $17.1 million in unencumbered cash and ended with $19,660,000, which was about a $2.5 million increase. Ms. Dreiling commented that the unencumbered cash balance is the actual cash balances less any outstanding payables at the end of the year. Ms. Dreiling stated that the City had approximately $922,000 encumbrances/accounts payable at the end of 2008. Ms. Dreiling stated that the overall cash balance was up $20,602,000 and that was up about $2.6 million from the prior year.
Ms. Dreiling commented that the City had several unusual receipts such as the Alltel lease at $60,000, forfeiture of funds at about $90,000, a proceed of an industrial bond of $182,000, FEMA funds and also a building permit for about $9,000. Ms. Dreiling stated that all of these plus the efficiencies of the City helped gain that $2.6 million in the overall cash value. Mayor Taylor questioned if sales tax was included in that. Ms. Dreiling stated that it was. Ms. Dreiling pointed out that the enterprise funds had all increased their cash balances and that means they are supporting their expenditures, which is something that you want to see.
Ms. Dreiling went to page four that contained the summary of expenditures, actual and budget, which compares the certified budget for each fund to the total expenditures. Ms. Dreiling commented that the City did not have any budget violations in 2008. Ms. Dreiling added that budget amendments helped with that and that there were no statute violations.
Ms. Dreiling pointed out that the next several page contained a more detailed explanation of cash receipts and disbursements.
Ms. Dreiling stated that page forty-one was the beginning of the foot notes on the financial statements for each fund. Ms. Dreiling commented that this would be where any statute violations or budget violations would be listed, but the City did not have any.
Ms. Dreiling directed the Commission to pages forty-nine thru fifty-one where there was a fairly lengthy schedule of bonds, leases and loan obligations. Ms. Dreiling explained that at the end of the year the total contractual indebtedness was $14,701,000 and that they had added compensated absences (accumulated sick leave, unused vacation, anything due an employee) of $109,000 to bring the total to $14,800,000.
Ms. Dreiling commented that the City paid a little over $645,000 in interest expense in 2008. Mayor Taylor questioned what we had paid interest on. Ms. Dreiling stated that the City would have paid interest on any bonds, leases or anything that had an outstanding balance. Mayor Taylor asked if the City had any leases. Finance Director Diana Garten commented that the fire truck was still under a lease agreement.
Ms. Dreiling discussed the loan balances schedule and explained that it is shown in five year increments to show what the City would be paying at maturity. Ms. Dreiling pointed out that the loan to the Ethanol Plant on page fifty had been forgiven since they were not going to be able to pay it back. City Manager Dave Howard reminded the Commission that the original agreement was half grant and half loan and they had decided to give it all as a grant since the City was borrowing on behalf of the Ethanol Plant.
Commissioner Nystrom questioned if the City was favorable on bond indebtedness. Ms. Dreiling commented that when doing an analysis on debt ratio, the City was well within the ratio as far as where we need to be. Ms. Dreiling explained that they not only looks at the current loan, but they also look at them in total. Mayor Taylor commented that a few years ago the City was close on electric and wastewater. Ms. Dreiling commented that if the City was having trouble making payments they would be concerned, but the City was in a good position with their cash flow.
Ms. Dreiling directed the Commission to the management letter and explained that the auditors not only look at financials, but they spend a good deal of time looking at policies and procedures and internal controls. Ms. Dreiling stated that last year there were thirty-two items on the management letter and this year there were only five or six. Ms. Dreiling added that management did a good job in addressing those items as not too many were repeated. Ms. Dreiling explained a few items such as Municipal Court is addressing a software issue, meter readers not reading their own meters, someone other than the utility clerk closing out the cash drawer, and deposits payable being reconciled. Ms. Dreiling also explained that a canceled encumbrance should not be posted back to reimbursed expenses, but added back to an unencumbered cash account. Ms. Dreiling added that it should not affect the financial statements of the current year. Mayor Taylor asked if we did not have a category for that. Ms. Garten stated that we did not have, but would.
Commissioner Hlavachick commented that Ms. Dreiling had done another great job. Commissioner Peltier commented that this is an indication that management is doing an excellent job. Mayor Taylor stated that it brings things to their attention and it was difficult to correct things that have been done the same way for several years. Mr. Howard commented that a new auditor is more efficient in finding things, as was apparent last year. Ms. Dreiling thanked the staff for their cooperation as they do take up a lot of their time. Mayor Taylor commented that the Commission hears good things about them also.
CONSIDERATION AND APPROVAL OF WIRE AND MATERIALS PURCHASE FOR SUBSTATION FEEDER:
Kelly Hemphill, Director of Electric Utilities, provided the Commission with images of the underground structure on Tenth Street and explained that that was how the energy comes from the power plant to the overhead lines. Mr. Hemphill commented that the structure had been built in 1964 and that there were posts bond to the poles in order to support them due to the original poles becoming unstable. Mr. Hemphill stated that the structure had been patched back together to make it work after the 2007 ice storm, but it was now time to replace the structure.
Mr. Hemphill stated that the old structure would be dug up and four new poles would be installed between Jackson Street and Iuka Street along with an already existing pole. Mr. Hemphill commented that that would become the new riser structure and explained how the proposed wire purchase would be installed. Mayor Taylor asked if the structure would be totally relocated and the old one torn down. Mr. Hemphill stated that was correct. Mr. Hemphill added that there was another benefit of that location due to the 12 470 substation in that if it was ever decided to abandon the 4160 and update the power lines to the 12 470, it would be capable of handling the higher voltage.
Mr. Hemphill informed the Commission that they had looked at structures in detail and had decided that this was the best and easiest to build with our crews and it allows them to put two feeders on a pole. Mr. Hemphill showed the Commission a picture of the underground riser in Lemon’s Park where the same 4160 had been put underground through the park. Mr. Hemphill added that this would eliminate some of the problems like we had in the 2007 ice storm.
Mr. Hemphill commented that the unique thing about the wire was the timing and that in February 2008 he had priced the wire at $116,622. Mr. Hemphill stated that they had tried to utilize the end of the year budget, but on the advice of the City Manager, they had waited. Mr. Hemphill commented that in April 2009, the price of the wire was $63,098, but the timing was not there. Mr. Hemphill stated that they now had everything in order and were asking to purchase the wire for $71,437.50. Mr. Hemphill added that all other materials for the project would be coming out of their materials budget, but spread out through 2008 and the wire purchase being in 2009. Mr. Hemphill commented that due to the FEMA projects, the work would probably begin in 2010.
Commissioner Peltier asked if they were going back to wooden poles or use metal. Mr. Hemphill stated that with the exception of the one existing wooden pole, the rest would be steel and they would have a fiberglass cross arm, which is highly resistant to weather. Mr. Hemphill commented that the one wooden pole would hold a riser on one circuit and the others would be on the steel poles. Mr. Hemphill explained that if there would be problem with the one riser on one circuit, they could easily combine that one circuit onto one of the three steel poles and be in good shape.
Mr. Howard commented that when they first started looking, the peak price of cooper was $114,000, so they continued to watch commodity prices that relate to the City. Mr. Howard added that you have to look at the inflation in prices, but also the fact that the US dollar is going down.
Commissioner Peltier questioned if City staff were going to do this project. Mr. Hemphill stated that we were. A motion by Commissioner Peltier to do this project with Stanion Wholesale Electric for $71,437.50 plus tax. The motion was seconded by Commissioner Hlavachick and carried unanimously. Commissioner Nystrom asked how long this bid was good for. Mr. Hemphill stated that it was good for thirty days.
CONSIDERATION AND APPROVAL OF THE APPOINTMENT OF KATHY HARVEY TO THE JUVENILE CORRECTIONAL ADVISORY BOARD:
City Manager Dave Howard informed the Commission that we had received a letter from the South Central Kansas Community Corrections Agency and they would like to get this board active again. Mr. Howard stated that they had recommended Ms. Kathy Harvey to serve a two year term on this board and that she was currently serving on the board and willing to do so again.
A motion by Commissioner Peltier to appoint Kathy Harvey to the Juvenile Correctional Advisory Board. The motion was seconded by Commissioner Hlavachick and carried unanimously.
CONSIDERATION AND APPROVAL OF BID FOR HOT & COLD WATER TOWER MAINTENANCE:
City Manager Howard stated that the requested maintenance work on the Hot & Cold water towers would be to remove the wooden jackets. Mr. Howard commented that they were coming apart and were a liability for anyone working in the flower beds underneath the water tower. Mr. Howard explained that Public Works Director Russ Rambat suggested that the jackets be removed, cut out the pipe and paint the towers. Mr. Howard explained that the bids were figured both by removing the jackets and painting the pipe or by removing the jackets and the pipe. Mr. Howard added that there could be some historical consideration in removing this from the towers.
Mayor Taylor commented that it made good sense to remove the jackets and the pipe so that we would not have to paint again and it would not take anything away from the Hot & Cold Water Tower. Commissioner Nystrom commented that it would make them look better. Commissioner Peltier questioned why we need to remove the pipe. Mr. Howard stated that it would be less to maintain and they would probably have to be removed sometime.
Mr. Howard commented that the low bid for removing the jackets and cleaning the pipe came from Cunningham Sandblasting & Painting for $9300 and $10,815 to remove the jackets and the pipe. Mr. Howard stated that the recommendation was for the $10,815 to remove both. Mayor Taylor commented that it was cheaper to remove the jackets and clean and paint the pipe, but you would have to paint the pipe again. Commissioner Peltier commented that that was a lot of money. Mayor Taylor stated that it was a lot of work to take the jackets off, cut the pipe off and plug the hole. Commissioner Nystrom commented that the major problem was the wood. Mr. Howard commented that neither one serves a purpose, but the pipe could be left and painted, but eventually the stand pipe would have to come out. Commissioner Peltier questioned if that would take more than a bucket truck and saw. Mr. Howard stated that the labor was not that high, but safety was an issue.
Commissioner Nystrom commented that he was in favor of taking out the pipe and jacket. Mayor Taylor suggested that when the towers got painted, have the pipes painted also. Mayor Taylor questioned how often the towers got painted. Mr. Howard commented that it was about every four or five years. Mayor Taylor commented that it would be cheaper to paint them than take them out and it would stay historical. Commissioner Nystrom commented that it is the unknown factor of what we have. Mayor Taylor suggested that the Commission approve the total amount and then let City staff decide whether to take the pipe out or not.
A motion by Commissioner Hlavachick to accept the contract from Cunningham Sandblasting & Painting Co., Inc. for $7,400 to remove the wooden frost jackets from both towers and $3,415 to remove the riser pipes, based on their condition and City staffs decision, for a total of $10,815. The motion was seconded by Commissioner Nystrom and carried unanimously. Mayor Taylor added that the pipes would be painted if they were in good condition.
CONSIDERATION AND APPROVAL OF ‘AMENDED’ AGREEMENT WITH THE HUMANE SOCIETY:
Mr. Ken Van Blaricum, City Attorney, reminded the Commission that they had approved a letter agreement with the Humane Society on March 29th, but they had had some questions and had not signed it yet. Mr. Van Blaricum stated that this agreement again provides the $1,000 monthly donation, the $6,000 allowance for utilities, allows the City to deliver strays, states that the Humane Society shall keep records of impoundment and requires the Humane Society to provide a monthly statement to the Chief of Police.
Mr. Van Blaricum commented that this agreement took effect on April 1, 2009 and that the independent contractor statement is included and that ensures that they are not our problem. Mayor Taylor questioned the concern from the County a couple of weeks ago. Mr. Van Blaricum commented that they were concerned about the statement in the animal ordinance that held them responsible for animal bites. Mr. Van Blaricum stated that would be corrected in the animal ordinance at a later time.
A motion by Commissioner Nystrom to approve the amended agreement with the Humane Society as printed. The motion was seconded by Commissioner Graf and carried unanimously.
CONSIDERATION AND APPROVAL OF THE LETTER OF AGREEMENT BETWEEN FAIRBANKS MORSE AND CITY OF PRATT:
Director of Electric Utilities Kelly Hemphill commented that the City had been working with Fairbanks Morse for about a year on the cracked heads issue. Mr. Hemphill stated that ten cylinder heads had been identified and the insurance company would pick up anything over $100,000; which is our deductible. Mr. Hemphill explained that Fairbanks Morse has ten cylinder heads in stock and they are ready to ship them to us. Mr. Hemphill commented that the power plant staff is currently investigating the remainder of the heads and they have found a couple of them that look cracked, but they would be doing more testing. Mr. Hemphill stated that the total current cost would be approximately $227,577 and that our cost would be the deductible of $100,000. Mr. Hemphill added that there would be more expense to this such as reconditioning. Mayor Taylor questioned how long it took to take one of the cylinder heads off. Mr. Ernie Smith, Power Plant Superintendent, stated that you could get one off in a day. City Manager Howard commented that they were doing better than that now. Mr. Smith commented that they did get two off today, but it depends on whether the head is between two heads or if the one next to it has already been removed.
Mr. Howard commented that the City has to pay for the testing, but it is worth doing. Mr. Howard stated that if the cylinder heads are not found under this deductible and we find them later, we would have to meet the $100,000 again. Commissioner Nystrom asked who did the testing for us. Mr. Hemphill stated that Mid-Kansas Cylinder Heads did that. Commissioner Nystrom asked if we have to ship the heads to them. Mr. Hemphill stated that they come and pick them up.
Mayor Taylor questioned if there were eighteen total heads. Mr. Howard stated that there are eighteen total and twelve of those are cracked. Commissioner Peltier asked if we were splitting this with Fairbanks Morse. Mr. Howard stated that the first ten are a 50/50 split and any left out of the other seven is a 75/25 split, but our insurance company would be bearing the difference. Mr. Howard added that we are going to be out the $100,000 deductible and the cost of doing the testing. Commissioner Peltier asked if Fairbanks Morse was taking half and we were taking half and then the insurance company would go after them. Mr. Howard commented that it depended on what their people find in their investigation. Mr. Howard stated that we could get reimbursed, but we were not yet sure that was what they were going to do.
Mr. Howard stated that even in the best case scenario, it was going to be awhile before we are up and running. Commissioner Nystrom questioned how many heads we have here manufactured from France. Mr. Howard stated that we do not have any here now, but if the Commission approves this agreement they would call tomorrow and have them ship ten. Mr. Howard commented that if we would happen to need four more, they would come from France, but the ten heads are in Beloit. Mayor Taylor asked Mr. Smith how many heads had been checked out. Mr. Smith stated that they have checked out twelve. Mr. Smith added that they have five heads off now and thought they were good, but two were cracked and have been added to the other ten cracked heads. Commissioner Nystrom questioned if these were visual cracks. Mr. Howard stated that they were. Mr. Hemphill commented that there were pictures of the cracked heads if the Commission would like to see them. Commissioner Nystrom stated that he would like to go see them.
Mr. Howard commented that the City has insisted that the new cylinder heads be from a different casting than the old heads so that we do not have this problem again. Commissioner Nystrom commented that most likely we were going to end up with eighteen cracked heads. Mr. Howard stated that we could. Commissioner Nystrom questioned if it would be six or eight months before we come on line again if eighteen of the heads were cracked. Mr. Hemphill stated that we will have seven heads off and will have them tested so that when the ten heads come in we could put those seven heads back on. Commissioner Nystrom asked what Fairbanks Morse would be doing for a warranty. Mr. Hemphill stated that they give a year warranty per head from the time that they are shipped to us. Commissioner Nystrom asked what happens to that warranty if we were not running for eight months. Mr. Howard commented that he thought the warranty started when we had it up to an acceptable operation. Mr. Howard stated that that should be reviewed. Mayor Taylor commented that it sounds like they understand how long it takes to do maintenance. Mr. Howard explained that it does take time and it would be impossible to be putting the heads in #7 if #6 was running. Mr. Howard stated that a better plan would be to wait until fall to call Fairbanks to do the change-over. Mayor Taylor questioned the three or four months that we have the heads before they are installed. Mr. Howard stated that if the warranty is as Mr. Hemphill stated, then we need to talk to Fairbanks Morse and have the warranty be when we are up and running. Mr. Hemphill clarified that the warranty states ‘that it is free from materials and defects, workmanship within twelve months after date of installation, but not exceeding eighteen months after date of shipment’. Mr. Howard stated that they were giving us six months to get them installed. Mr. Howard commented that we should be up by November or December unless something else happens and then we have a bigger problem than the warranty. Mr. Hemphill stated that at that period of time, the City does not have many outages that leave the City black for very long. Mr. Smith commented that Fairbanks Morse had given a warranty on #6 as hours on the engine, but they would not go that way this time around.
Mayor Taylor asked if we have any records that show which numbered heads have the worst record for both engines. Mayor Taylor added that we could run it for three or four hundred hours and see how they work before the warranty runs out. Mr. Smith commented that on #6 they had a 12,000 hour inspection and found six cracked heads and #7 is at 1100 hours. Mr. Howard commented that in the proposal from Fairbanks Morse, they want to have a link to the City so they can monitor the operation of that unit. Mr. Howard explained that they would be looking for the heat of each head and what is happening.inside the engine.
A motion by Commissioner Hlavachick to accept the letter of agreement from Fairbanks Morse to resolve the issues of cracked cylinder heads on unit #7. The motion was seconded by Commissioner Peltier and carried unanimously.
REPORTS:
H2O Committee:
City Manager Howard stated that he had put a letter of information in the Commission packet from the Sunflower H2O committee and that they would be on the next agenda. Mr. Howard commented that we had funded them $3,300 when they did the Phase One study that had to do with water problems down south. Mr. Howard stated that they had completed Phase One and would be coming in to present Phase Two at the next meeting.
Mr. Howard stated that he had visited with water superintendent Kelvin Clay on the City’s water usage and water rights on our wells and the City does not currently have a problem with a water shortage. Mr. Howard commented that they were proposing to fund that next phase and out of all the Cities involved, the City of Pratt would be affected the most. Mayor Taylor asked if Mr. Howard was in favor of continuing this. Mr. Howard stated that he had some concerns on whether we need to. Commissioner Nystrom questioned what they mean when they said they only had twenty-three systems attend. Mr. Howard stated that he was not sure, but that the ongoing cost would be a concern. Mr. Howard stated that turning something like this into a reality is questionable and we do not need water right now. Mr. Howard added that we do not know about fifty years from now. Mayor Taylor questioned at what point Hays or Russell began having problems or was it always a problem. Mayor Taylor added that they had problems thirty years ago, but what about before that. Commissioner Nystrom commented that they had spent a lot of money, then the rains came back and the problems were over. Police Chief Steve Holmes commented that Hays is on a water restriction this week.
Mayor Taylor stated that right now the City is alright on water rights, but he likes to see regional things where we are all working for a common cause. Mayor Taylor questioned if Medicine Lodge and some of the other communities were hurting. Mr. Howard stated that some of the communities down south do actually have problems with having enough water. Mr. Howard commented that right now, we do not have a problem, but we do not know about the future.
Mr. Howard stated that this was a long term project and if it gets developed, we cannot say that we would not need it in fifty years. Mr. Howard explained that as a City we should be thinking about it and that he was not necessarily against it. Mr. Howard stated the concern that he has is that in a project that goes out this far, you have to wonder if the project is going to last. Mr. Howard commented that the lack of attendance would speak to future issues with funding. Mr. Howard added that if communities are not interested in funding this round, the participation would drop off to even less. Mr. Howard stated that his fear is how much interest was there going to be in this five years down the road.
Commissioner Hlavachick asked about the City’s funding for Phase One. Mr. Howard stated that we did fund approximately $3,300. Mayor Taylor asked about the cost of Phase Two. Mr. Howard stated that it would be fifty cents ($.50) a meter per month for a three year period. Commissioner Nystrom commented that Pratt would be carrying the brunt of the funding. Mr. Howard agreed. Commissioner Nystrom commented that we do not know the ‘players’ in this, but the letter states that if you do not want to belong, then they would go on without you. Commissioner Nystrom commented that we could end up funding the whole project. Mayor Taylor commented that $1,500 per month for three years would add up to $54,000. Mr. Howard commented that out of all the communities involved, we need the water the least. Mayor Taylor stated that $50,000 of the $250,000 makes us paying for a fifth of the project.
Mr. Howard stated that it has been brought up that we could have problems with nitrates that take out wells, but that problem is treatable. Mayor Taylor commented that we need to decide as a community if we are being good stewards of our money by throwing our money down there to those who need it worse than we do.
Mayor Taylor commented that he would be absent at the next meeting and Commissioner Hlavachick mentioned that he would also be gone. Mr. Howard commented that he could put them off until the first meeting in July. Commissioner Hlavachick commented that the deadline was June 30th. Mayor Taylor commented that it would be good to have the whole Commission here when they make their presentation. Commissioner Nystrom commented that they could listen to them at the next meeting, but not take any action.
Commissioner Nystrom questioned how people were appointed to this committee. Mr. Howard stated that he was not sure, but knew they were not elected. Mr. Howard commented that County Commissioner Dwight Adams was the Pratt representative. Mayor Taylor questioned the cost of Phase One. Mr. Howard stated that he did not know that cost, but knew that it was a $1.00 per meter. Commissioner Nystrom asked what they wanted. Mr. Howard stated that the original idea was to build a lake down in Barber County near where the communities were having water problems. Mr. Howard added that he was more interested in the economic impact the lake could have for Pratt. Mr. Howard explained that they had looked at the lake for recreational purposes, but it turned out that you cannot talk about the recreational part and that you have to look at it as a water source. Commissioner Peltier questioned if they were asking us to put money into building this lake. Mr. Howard stated that the money would be for the study in Phase Two. Mr. Howard stated that the lake is out now and they are looking at doing something different. Commissioner Peltier commented that the recreational value was gone.
Commissioner Hlavachick commented that he would be interested in listening. Mayor Taylor commented that the next meeting would be short Commissioners, but that they had the authority to do what they wanted. Mr. Howard stated that he might be able to put them off and that Pratt is in the driver’s seat. Commissioner Graf commented that he felt that all the Commissioners should be at that meeting. Mr. Howard commented that he would talk to them.
Boy Scouts:
Mr. Howard reminded the Commission that the Boy Scouts would be in Lemon’s Park this weekend and it would be crowded. Mayor Taylor asked if the park would be closed. Mr. Howard stated that it would not be.
Nuisance properties:
City Attorney Ken Van Blaricum commented that one thing he had been working on were the nuisance properties around town. Mr. Van Blaricum stated that one individual, who has more than one nuisance property, had cleaned up a couple of his properties. Mr. Van Blaricum commented that he has one property left and he had filed a complaint on that property in Municipal Court. Mr. Van Blaricum stated that he had filed the complaint from different angles such as nuisance vehicles, nuisance in the yard and zoning issues.
Busy week-end:
Recreation Director Bruce Pinkall commented that they have a busy week-end ahead. Mr. Pinkall stated that there would be a tournament starting Saturday involving eighteen teams and possible more with the cancelation of a tournament in Hays. Mr. Pinkall commented that the teams would be from Great Bend, Garden City, Norwich, Hutchinson, Pratt, Wichita, Liberal, McPherson, Russell, Medicine Lodge and Hoisington. Mr. Pinkall commented that the teams were from the west and north as they were at the tournament a couple of weeks ago. Mr. Pinkall added that this was a girl’s softball tournament.
Mayor Taylor commented that with this being Miss Kansas week, motels may be hard to find. Mr. Pinkall stated they were aware of that.
Summer activities:
Mr. Pinkall stated that the summer activities were underway with baseball and softball starting this week and swimming lessons starting next week. Mr. Pinkall informed the Commission that 93.1 would be at the pool a few times this summer and they would be promoting Pratt.
Mr. Pinkall informed the Commission that they had hooked up with the Kansas City Royals and there would be a baseball clinic in June with some former Royals. Mr. Pinkall commented that the Commissioners would be receiving an invitation to attend their picnic.
Busy week:
Police Chief Steve Holmes informed the Commission that his department would have a busy week with the Boy Scouts in the park and the Miss Kansas parade on Saturday. City Manager Howard commented that there would be a car for the Mayor to ride in at the parade. Chief Holmes added that the parade starts at 10:00 a.m.
Chief Holmes added that the Police Department would have a vehicle for the kids to look at in the park on Tuesday evening during the social. Chief Holmes commented that the social would be moved to the Armory if the weather got bad.
Sales tax:
Finance Director Diana Garten commented that the sales tax for May had gone down by about $34,000. Ms. Garten stated that she had done some investigating into the detail and she had found that a couple of the primary sales tax people only had a half a month in the report. Ms. Garten commented that that was due to a timing cutoff as there had been in January. Ms. Garten explained that she had put down an estimated adjustment, but it still made us down from this time last year. Ms. Garten stated that we would see next month how this turns out. Mayor Taylor questioned if Ms. Garten thought it would be closer to the $19,000 than the $34, 000. Ms. Garten stated that she did and hoped for even less than that as she had been conservative on her adjustment.
Commissioner Peltier asked if the car dealers were down. Ms. Garten stated that they were down a little and all the retail were down. Ms. Garten commented that she hopes that the ball tournaments and the Miss Kansas pageant help us out. Ms. Garten stated that the snow storm was in that period along with the economy.
Ms. Garten pointed out that we were still up for the year by $24,000 so we were not hurting to badly yet.
Budget session:
Ms. Garten commented that the Commissioner’s needed to think about when they would like to have the budget session and that it was usually the second week of July. After little discussion, the dates for the budget session were tentatively set for July 13th & 14th and to start at 8:00 a.m.
Busy time for Mayor:
Mayor Taylor commented that he had been busy working for the City as Mayor. Mayor Taylor stated that he had been to the college on Sunday to greet the Miss Kansas contestants. Mayor Taylor commented that they were very attentive and the contestants were civic minded. Mayor Taylor mentioned that Pratt has had a state pageant in their City for the longest period of time in the United States.
Return to open agenda:
The owner of the house at 209 East 4th asked what the Commission was going to do about her water problem. Mayor Taylor commented that he did not know what the problem was. City Clerk Kramer informed the Commission that she had visited with the owner of the Flower Shoppe at church and told her that she would visit with water superintendent Kelvin Clay about the situation. The owner commented that she had no water pressure and had been told that a new main would have to go close to the beautiful trees in front of the Flower Shoppe and that could kill them.
Chief Holmes relayed the conversation to the home owner as she was having a hard time hearing the Commission and she was satisfied that Mr. Clay would look into the situation.
ADJOURN:
A motion by Commissioner Nystrom to adjourn. The motion was seconded by Commissioner Hlavachick and carried unanimously.
___________________________________
ERIC NYSTROM,Vice-Mayor
(SEAL)
ATTEST:
_______________________________
LUANN KRAMER, City Clerk
Tuesday, June 16, 2009
Friday, June 12, 2009
June 15, 2009 City Commission Agenda
MONDAY
JUNE 15, 2009
PRATT CITY COMMISSION – REGULAR COMMISSION MEETING
COMMISSION ROOM – 5:00 P.M.
1. CALL TO ORDER (Remind audience that meeting is being recorded and/or taped)
2. ROLL CALL
3. MINUTES – June 01, 2009 Regular Commission Meeting
4. OPEN AGENDA
5. BUSINESS:
5.1 Consideration and Approval of Request from the Pratt Public Library for 3 mill in 2010 – Rochelle Westerhaus, Public Library Board Secretary
5.2 Consideration and Approval of Low Bid for the New Fire Station Construction – Brad Blankenship, Building Inspector; David Kramer, Fire Chief
5.3 Consideration and Approval of Resolution Authorizing the Offering for Sale of GO Refunding Bonds – Diana Garten, Finance Director (RESOLUTION 061509)
5.4 Consideration and Approval of Ordinance Regarding Breath Testing Fee – Ken Van Blaricum, City Attorney (ORDINANCE 0906)
5.5 Consideration and Approval of Ordinance Regarding Blood Testing Costs – Ken Van Blaricum, City Attorney (ORDINANCE 0907)
6. REPORTS:
6.1 City Manager
6.2 City Attorney
6.3 Department Heads
6.4 Mayor
6.5 City Commission
7. ADJOURN.
JUNE 15, 2009
PRATT CITY COMMISSION – REGULAR COMMISSION MEETING
COMMISSION ROOM – 5:00 P.M.
1. CALL TO ORDER (Remind audience that meeting is being recorded and/or taped)
2. ROLL CALL
3. MINUTES – June 01, 2009 Regular Commission Meeting
4. OPEN AGENDA
5. BUSINESS:
5.1 Consideration and Approval of Request from the Pratt Public Library for 3 mill in 2010 – Rochelle Westerhaus, Public Library Board Secretary
5.2 Consideration and Approval of Low Bid for the New Fire Station Construction – Brad Blankenship, Building Inspector; David Kramer, Fire Chief
5.3 Consideration and Approval of Resolution Authorizing the Offering for Sale of GO Refunding Bonds – Diana Garten, Finance Director (RESOLUTION 061509)
5.4 Consideration and Approval of Ordinance Regarding Breath Testing Fee – Ken Van Blaricum, City Attorney (ORDINANCE 0906)
5.5 Consideration and Approval of Ordinance Regarding Blood Testing Costs – Ken Van Blaricum, City Attorney (ORDINANCE 0907)
6. REPORTS:
6.1 City Manager
6.2 City Attorney
6.3 Department Heads
6.4 Mayor
6.5 City Commission
7. ADJOURN.
Friday, June 5, 2009
05/18/09 Approved City Commission Minutes
MONDAY
May 18, 2009
The Governing Body of the City of Pratt met in Regular session in the Commission Room located in City Hall.
PRESENT: Jeff Taylor Mayor
Eric Nystrom Commissioner
Bill Hlavachick Commissioner
Victor Graf Commissioner
ALSO PRESENT: Dave Howard City Manager
LuAnn Kramer City Clerk
Ken Van Blaricum City Attorney
Diana Garten Finance Director
Steve Holmes Chief of Police
Russ Rambat Public Works Director
Kelly Hemphill Dir. of Electric Utilities
CALL TO ORDER:
Mayor Taylor called the regular meeting to order. The Mayor instructed the Clerk to note that all Commissioners were present with the exception of Commissioner Peltier.
Mayor Taylor reminded the audience that the meeting may be taped and/or recorded.
MINUTES:
A motion by Commissioner Hlavachick to approve the minutes of the May 04, 2009 regular meeting with the County Commission and the May 04, 2009 regular meeting. The motion was seconded by Commissioner Nystrom and carried unanimously.
OPEN AGENDA:
• American Legion request
Members of the American Legion, Larry Melson and Joe Marraccino, addressed the Commission about their financial problems due to the no smoking ban. Mr. Melson stated that they had lost patrons due to the no smoking ban and would have to close the American Legion by July if things were not changed. Mr. Melson and Mr. Marraccino commented that the American Legion does a lot for the community, the service men and women, the veterans, and toys for tots. Mr. Marriccino stated that it would be a big loss to the community and he would like to see if they could get some type of exemption. Mr. Marriccino stated that the American Legion was more than a private club and that they were mandated by the government on who they could have as members.
Mr. Melson and Mr. Marracinno stated that Mulvane American Legion had had the same problem, but they could smoke in the canteen and not in the eating area. Mayor Taylor questioned if we do not have the same type of arrangement here. Commissioner Nystrom commented that there was an exemption time after 10:30 p.m. and asked City Attorney Ken Van Blaricum to verify that was correct. Mr. Van Blaricum stated that you have to have a designated smoking area. Mayor Taylor questioned if this was from May 2009 to January 2010. Mr. Van Blaricum commented that the designated area continues under state law until January 4th, but you can have a smoking area outside. Commissioner Nystrom commented that he was familiar with the American Legion and questioned why they would not make the lower level their smoking area and they could have it that way twenty four hours a day. Mr. Melson commented that he was not aware that was an option. Commissioner Nystrom added that there is a different cooling and heating system, so the upstairs could be an eating area. Mr. Van Blaricum clarified that after January 4th, there was no smoking inside. Commissioner Nystrom questioned if that was up until 10:30 p.m. Mr. Van Blaricum stated that after January, there is no smoking indoors allowed. Mayor Taylor explained to the American Legion members that the City did not want to isolate an area and have a business construct a smoking area to then have the State come up with a no smoking indoors law.
Mr. Marriccino stated that this helps for the time being, but just postpones the inevitable. Mr. Marraccino commented that they are a non-profit organization and all their funds are donated except what they use for operating costs. Commissioner Nystrom commented that currently they do not have to do anything. Mr. Marraccino stated that as of January 4th, they would have the same scenario. Mr. Marraccino explained that these patrons gave the ultimate and now they want to be with their brothers and sisters and it is the only thing some of them have left. Mr. Melson commented that all of the Legion members present were non-smokers but one. Commissioner Nystrom commented that he appreciated what they were saying, but no one showed up at the earlier Commission meetings when this was being discussed. The Legion members stated that they did not know that it was being discussed. Commissioner Hlavachick stated that it was in the paper and Commissioner Nystrom added that it was also on the news.
A Legion member asked the Commission where they go from here. Commissioner Graf suggested that they get a petition up and get signatures of registered voters. Commissioner Graf explained that they should visit with County Clerk Sherry Kruse to see what they have to do and go from there. Mayor Taylor questioned where they would be going. Commissioner Graf answered that we would see what people are involved. Mayor Taylor commented that there is more support for the smoking ban, but the Commission could look into amending the current Ordinance. Mr. Marraccino commented that he wished they had known about the earlier meetings. Mr. Melson commented that they had no idea that it was going to have such an impact. Commissioner Hlavachick questioned if they had lost about half of their business. Mr. Marracinno stated that they had.
Mr. Marracinno commented that the Legion was strictly a private club. Commissioner Nystrom commented that they should allow smoking in the lower level until the Commission works through this. Mayor Taylor commented that we are never sure what effect something is going to have until you do it. Mr. Van Blaricum commented that they were in the same boat as Woody’s, the Elk’s and the Club D’Est until January 4th. Mr. Melson stated that they were different than them, because anybody could join the Elk’s.
Mayor Taylor stated that he appreciated everything that the Legion does and asked that they give the Commission time to hash the whole thing out. A Legion member in the audience commented that they did not think that they were considered a public place and that this would not apply to them, so they did not come to the meetings. Mayor Taylor explained that no one should ever feel they cannot show up and that the Commission appreciates the people who come out. Mayor Taylor added that this is the closest you can get to law makers and that the Commissioners live in the same community and can be reached in person or by phone anytime.
BUSINESS:
CONSIDERATION AND APPROVAL OF APPOINTMENTS TO THE PRATT LIBRARY BOARD:
A motion by Commissioner Hlavachick to approve Pam Krehbiel and Judy Koehler to an additional four year term on the Library Board and to have Chris Himmelwright fill the vacancy left by Deian Taochanov. The motion was seconded by Commissioner Graf and carried unanimously.
CONSIDERATION AND APPROVAL OF BID FOR 2009 CURB, SIDEWALK AND ADA RAMPS PROJECT:
Public Works Director Russ Rambat stated that it was time to do the annual curb project and that this was funded by the ¼ cent sales tax. Mr. Rambat commented that he had sent out eleven requests and three had been returned. Mr. Rambat explained that Smiley Concrete had bid $179,872, Flatworks Specialists had bid $161,238.10 and B & H Builders had submitted a bid for $159,336.
Mr. Rambat stated that the target areas were repairing broken up curbs, sidewalk ramps which ADA encourages Cities to add, and repairing sidewalks that trees and age have destroyed. Mr. Rambat commented that the low bid of $159,336 was from B & H Builders out of Kingman. Mr. Rambat stated that there was one local bid, but even with the 5% they did not come in under B & H Builders. Mayor Taylor questioned if there was a ceiling on the 5% since it could add up to quite a bit of money. Mayor Taylor commented that we might want to look at setting a limit sometime.
Mr. Rambat showed the Commission the areas to have work done on power point. Mr. Rambat commented that he was trying to work on the downtown core area and that as long as he had the ¼ cent sales tax, he would use it. Commissioner Graf asked about South Pine and the tracks. Mr. Rambat stated that we would go up to the tracks and would see if the railroad would upgrade what was underneath. Mayor Taylor suggested that sometime we look at a sidewalk on Stout Street to help get the kids to school and also a sidewalk going towards Wal-Mart and McDonalds. Mayor Taylor commented that there was already a path there and that there was sidewalk up to the Dragon’s Den and we need to go on. Mayor Taylor stated that we could look at doing a block every year and we would see more walk towards Wal-Mart if there was a sidewalk available. Mr. Rambat stated that he would put that on his list.
A motion by Commissioner Hlavachick to accept the bid from B & H Builders for the 2009 Curb, Sidewalk, and ADA Ramps project not to exceed $159,336. The motion was seconded by Commissioner Graf and carried unanimously.
REVIEW OF DOCUMENTS REGARDING THE REFUNDING OF THE 1998 AND 2001 GO BONDS AND 2002 WATER REVENUE BOND:
Finance Director Diana Garten explained to the Commission that the City has the opportunity to refund and refinance the 1998 and 2001 GO Bonds and the 2002 Water Revenue Bond and in doing this, the City would save about $135,000. Ms. Garten added that this would also give us a little more flexibility on the Water Revenue Bond in the future. Ms. Garten stated that this was a good time and a good opportunity to do it. City Manager Dave Howard commented that this was $135,000 over nine years and they would still be paid off in nine years. Mr. Howard stated that it would be various amounts every year. Ms. Garten commented that is was about an average of $14,500 per year.
Ms. Garten explained the summary of what the City would be doing and that it would be refunding those three issues for about $3,442,000. Ms. Garten commented that was an interest principal savings of 4% and that it is worth doing if it is 2% or above. Commissioner Nystrom asked what we getting on savings. Ms. Garten commented that it was 2% and that the last one was 1.85%, so we were not getting much.
Mr. Howard commented that one of the values in switching to GO bonds is that the prearranged loan for the downtown water main project can be paid out of the general fund and not the water fund. Mr. Howard stated that this could prevent an increase in water rates due to the flexibility of using the general fund if something unexpected were to come up. Commissioner Hlavachick commented that this was a good size savings.
CONSIDERATION AND APPROVAL OF RESOLUTION REGARDING THE REFUNDING OF BONDS:
Ms. Garten explained that this resolution gives permission to move the water revenue bonds to the GO bonds. Mayor Taylor clarified that the water bond would be going over to the GO portion. Ms. Garten stated that was correct. A motion by Commissioner Nystrom to approve Resolution 051809 declaring it advisable to issue GO bonds for our water utility system for the City of Pratt, Kansas. The motion was seconded by Commissioner Graf and carried unanimously.
REPORTS:
Humane Society garage sale:
City Manager Dave Howard reminded the Commission that the Humane Society would be using the old J.C. Food’s building for their garage sale and that they had found more tables to use and would be storing them there until the week-end of Miss Kansas.
First tournament:
Mr. Howard reported that Recreation Director Bruce Pinkall has stated that the tournament last week-end was very successful and that there were a lot of gate and concession receipts. Mr. Howard commented that Mr. Pinkall would give a more detailed report at the next meeting.
Humane Society contract:
City Attorney Ken Van Blaricum reminded the Commission that on March 16th they had authorized a new agreement with the Humane Society and that he had presented that agreement to Mr. Mike Hill. Mr. Van Blaricum commented that Mr. Hill was a very careful guy and it had taken him a long time to get back to him, but that Mr. Hill had found a glitch in the contract. Mr. Van Blaricum stated that they are more than pleased with the utility situation, but that Section 4 under ‘Terms’ states ‘City shall pick up, transport and deliver to Humane Society all stray or ownerless animals within the City and animals otherwise in violation of City Ordinance’ and they had picked up on that and read the animal ordinance. Mr. Van Blaricum commented that Section 22 of the animal ordinance states that ‘Any law enforcement officer or local health officer may take up, upon private or public property, any animal which has bitten or scratched a person or other animal…’ and that the County Health Officer had picked up on that language and he did not like that idea. Mr. Van Blaricum explained that the County Health Officer had taken this to the County Commission and they did not like the idea of their County Health Officer being responsible for animals that have bitten someone and that they would like for us to change that provision in the ordinance, which would then allow the Humane Society to sign the agreement. Mayor Taylor questioned what we would do with such an animal. Mr. Van Blaricum commented that they would handle those animals in their own way. City Manager Howard asked how they can pick up an animal for biting another animal. Police Chief Steve Holmes stated that they can if there are no current vaccinations and that the County had changed the regulations from impounding both animals to just the biter. Mr. Van Blaricum commented that the message was that the County does not want to mess with these animals. Chief Holmes stated that the County Health Officer has never picked up one of these animals.
Mayor Taylor questioned where the County enters into this. Mr. Van Blaricum stated that it was the Health Officer who had the problem. Chief Holmes stated that we quarantine the dog with no vaccinations, cite the owner and then a bill for the quarantine is given to the City Attorney and he asks the court for restitution. Chief Holmes commented that then the Humane Society recoups their funds for the quarantined animal and Mr. Hill has been happy with that.
Commissioner Nystrom asked what the reason was again that Mr. Hill would not sign the contract. Mr. Van Blaricum read the statement in the contract again. Mayor Taylor commented that the key word was ‘may’. Commissioner Nystrom asked why Mr. Hill was not willing to sign the contract due to the language. Mr. Van Blaricum commented that he had received pressure from the County. Mayor Taylor commented that it would be nice to have someone from the County here.
Mr. Van Blaricum commented that he had just wanted to bring this to the Commission’s attention that the Humane Society was willing to sign the contract, but the County was unhappy about, what he thought was a very minor issue. Mayor Taylor stated that he would follow Mr. Van Blaricum’s recommendations. Mr. Van Blaricum commented that he would bring the Ordinance back after revisions were made and then the Humane Society would be willing to sign the contract.
Commissioner Nystrom questioned the Humane Society’s obligation to the utility services. Mr. Van Blaricum commented that he would make it retroactive to the date of the contract and that should take care of it.
Pool update:
Public Works Director Russ Rambat commented that the pool was ready and that the slide was working. Mr. Rambat added that the pool would open on Memorial week-end.
Street Dept.:
Mr. Rambat commented that the street department had been busy painting and prepping the downtown for Miss Kansas and Memorial Day.
Mr. Rambat stated that he appreciated the approval of the curb and sidewalk bid and that he would put those tax dollars to work as soon as possible.
Engine running:
Power Plant Superintendent Ernie Smith informed the Commission that KMEA had called today and we were running the engine now. Mr. Smith explained that that was called ‘load shaving’, which puts restraints on us and we cannot get power in. Mr. Smith commented that this had started about 2:00 p.m. and was still running. Mayor Taylor questioned which engine was running. Mr. Smith stated that it was #6.
Comments from Chief Holmes:
Police Chief Steve Holmes stated that on behalf of Captain Meyers, he wanted to thank everyone who had attended the ‘Law Enforcement Day’ activities and thanked Mayor Taylor for being a part of that.
Chief Holmes commented that he had attended the Valor Awards in Topeka and reminded the Commission that Officer Bill Coontz, who had worked for us several years ago and been involved in a shooting, had received his second gold medal for being involved in another shooting. Chief Holmes explained that Officer Coontz had received his first gold medal for the shooting downtown years ago and after he had left Pratt he became a reserve officer and had saved a truck driver’s life; therefore, received a silver award.
Mayor Taylor stated that he appreciated Captain Meyers putting the activities together. Chief Holmes commented that Rev. Fleener had gotten with Captain Meyers and they had worked together. Chief Holmes added that Captain Meyers had done an excellent job. Commissioner Hlavachick commented that more people would come if this becomes an annual event. Chief Holmes commented that attendance was appreciated by all the officers.
Mayor Taylor commented that when you get pulled over for a traffic violation, they are doing it for our benefit and that they are protecting us from others and ourselves. Mayor Taylor added that it is a thankless job sometimes.
Bucket truck update:
Commissioner Graf questioned Director of Electric Utilities Kelly Hemphill about getting the lower cost on the bucket truck. Mr. Hemphill stated that they had gotten the truck for $1,000 less. Mr. Hemphill commented that the difference was between a 2009 and 2010 and that the 2009 had been spoken for, but the company had found another 2009, so they reduced the price.
Agenda:
Commissioner Graf thanked the Pratt Tribune for putting the agenda in the paper. Commissioner Graf questioned if the agenda could be put on the City’s website. City Clerk Kramer commented that it was on there, but was a little confusing to find. Ms. Kramer stated that you go to government, departments, city clerk and then agenda, etc.
ADJOURN:
A motion by Commissioner Nystrom to adjourn. The motion was seconded by Commissioner Hlavachick and carried unanimously.
______________________________________
JEFF TAYLOR, Mayor
(SEAL)
ATTEST:
_____________________________________
LUANN KRAMER, City Clerk
May 18, 2009
The Governing Body of the City of Pratt met in Regular session in the Commission Room located in City Hall.
PRESENT: Jeff Taylor Mayor
Eric Nystrom Commissioner
Bill Hlavachick Commissioner
Victor Graf Commissioner
ALSO PRESENT: Dave Howard City Manager
LuAnn Kramer City Clerk
Ken Van Blaricum City Attorney
Diana Garten Finance Director
Steve Holmes Chief of Police
Russ Rambat Public Works Director
Kelly Hemphill Dir. of Electric Utilities
CALL TO ORDER:
Mayor Taylor called the regular meeting to order. The Mayor instructed the Clerk to note that all Commissioners were present with the exception of Commissioner Peltier.
Mayor Taylor reminded the audience that the meeting may be taped and/or recorded.
MINUTES:
A motion by Commissioner Hlavachick to approve the minutes of the May 04, 2009 regular meeting with the County Commission and the May 04, 2009 regular meeting. The motion was seconded by Commissioner Nystrom and carried unanimously.
OPEN AGENDA:
• American Legion request
Members of the American Legion, Larry Melson and Joe Marraccino, addressed the Commission about their financial problems due to the no smoking ban. Mr. Melson stated that they had lost patrons due to the no smoking ban and would have to close the American Legion by July if things were not changed. Mr. Melson and Mr. Marraccino commented that the American Legion does a lot for the community, the service men and women, the veterans, and toys for tots. Mr. Marriccino stated that it would be a big loss to the community and he would like to see if they could get some type of exemption. Mr. Marriccino stated that the American Legion was more than a private club and that they were mandated by the government on who they could have as members.
Mr. Melson and Mr. Marracinno stated that Mulvane American Legion had had the same problem, but they could smoke in the canteen and not in the eating area. Mayor Taylor questioned if we do not have the same type of arrangement here. Commissioner Nystrom commented that there was an exemption time after 10:30 p.m. and asked City Attorney Ken Van Blaricum to verify that was correct. Mr. Van Blaricum stated that you have to have a designated smoking area. Mayor Taylor questioned if this was from May 2009 to January 2010. Mr. Van Blaricum commented that the designated area continues under state law until January 4th, but you can have a smoking area outside. Commissioner Nystrom commented that he was familiar with the American Legion and questioned why they would not make the lower level their smoking area and they could have it that way twenty four hours a day. Mr. Melson commented that he was not aware that was an option. Commissioner Nystrom added that there is a different cooling and heating system, so the upstairs could be an eating area. Mr. Van Blaricum clarified that after January 4th, there was no smoking inside. Commissioner Nystrom questioned if that was up until 10:30 p.m. Mr. Van Blaricum stated that after January, there is no smoking indoors allowed. Mayor Taylor explained to the American Legion members that the City did not want to isolate an area and have a business construct a smoking area to then have the State come up with a no smoking indoors law.
Mr. Marriccino stated that this helps for the time being, but just postpones the inevitable. Mr. Marraccino commented that they are a non-profit organization and all their funds are donated except what they use for operating costs. Commissioner Nystrom commented that currently they do not have to do anything. Mr. Marraccino stated that as of January 4th, they would have the same scenario. Mr. Marraccino explained that these patrons gave the ultimate and now they want to be with their brothers and sisters and it is the only thing some of them have left. Mr. Melson commented that all of the Legion members present were non-smokers but one. Commissioner Nystrom commented that he appreciated what they were saying, but no one showed up at the earlier Commission meetings when this was being discussed. The Legion members stated that they did not know that it was being discussed. Commissioner Hlavachick stated that it was in the paper and Commissioner Nystrom added that it was also on the news.
A Legion member asked the Commission where they go from here. Commissioner Graf suggested that they get a petition up and get signatures of registered voters. Commissioner Graf explained that they should visit with County Clerk Sherry Kruse to see what they have to do and go from there. Mayor Taylor questioned where they would be going. Commissioner Graf answered that we would see what people are involved. Mayor Taylor commented that there is more support for the smoking ban, but the Commission could look into amending the current Ordinance. Mr. Marraccino commented that he wished they had known about the earlier meetings. Mr. Melson commented that they had no idea that it was going to have such an impact. Commissioner Hlavachick questioned if they had lost about half of their business. Mr. Marracinno stated that they had.
Mr. Marracinno commented that the Legion was strictly a private club. Commissioner Nystrom commented that they should allow smoking in the lower level until the Commission works through this. Mayor Taylor commented that we are never sure what effect something is going to have until you do it. Mr. Van Blaricum commented that they were in the same boat as Woody’s, the Elk’s and the Club D’Est until January 4th. Mr. Melson stated that they were different than them, because anybody could join the Elk’s.
Mayor Taylor stated that he appreciated everything that the Legion does and asked that they give the Commission time to hash the whole thing out. A Legion member in the audience commented that they did not think that they were considered a public place and that this would not apply to them, so they did not come to the meetings. Mayor Taylor explained that no one should ever feel they cannot show up and that the Commission appreciates the people who come out. Mayor Taylor added that this is the closest you can get to law makers and that the Commissioners live in the same community and can be reached in person or by phone anytime.
BUSINESS:
CONSIDERATION AND APPROVAL OF APPOINTMENTS TO THE PRATT LIBRARY BOARD:
A motion by Commissioner Hlavachick to approve Pam Krehbiel and Judy Koehler to an additional four year term on the Library Board and to have Chris Himmelwright fill the vacancy left by Deian Taochanov. The motion was seconded by Commissioner Graf and carried unanimously.
CONSIDERATION AND APPROVAL OF BID FOR 2009 CURB, SIDEWALK AND ADA RAMPS PROJECT:
Public Works Director Russ Rambat stated that it was time to do the annual curb project and that this was funded by the ¼ cent sales tax. Mr. Rambat commented that he had sent out eleven requests and three had been returned. Mr. Rambat explained that Smiley Concrete had bid $179,872, Flatworks Specialists had bid $161,238.10 and B & H Builders had submitted a bid for $159,336.
Mr. Rambat stated that the target areas were repairing broken up curbs, sidewalk ramps which ADA encourages Cities to add, and repairing sidewalks that trees and age have destroyed. Mr. Rambat commented that the low bid of $159,336 was from B & H Builders out of Kingman. Mr. Rambat stated that there was one local bid, but even with the 5% they did not come in under B & H Builders. Mayor Taylor questioned if there was a ceiling on the 5% since it could add up to quite a bit of money. Mayor Taylor commented that we might want to look at setting a limit sometime.
Mr. Rambat showed the Commission the areas to have work done on power point. Mr. Rambat commented that he was trying to work on the downtown core area and that as long as he had the ¼ cent sales tax, he would use it. Commissioner Graf asked about South Pine and the tracks. Mr. Rambat stated that we would go up to the tracks and would see if the railroad would upgrade what was underneath. Mayor Taylor suggested that sometime we look at a sidewalk on Stout Street to help get the kids to school and also a sidewalk going towards Wal-Mart and McDonalds. Mayor Taylor commented that there was already a path there and that there was sidewalk up to the Dragon’s Den and we need to go on. Mayor Taylor stated that we could look at doing a block every year and we would see more walk towards Wal-Mart if there was a sidewalk available. Mr. Rambat stated that he would put that on his list.
A motion by Commissioner Hlavachick to accept the bid from B & H Builders for the 2009 Curb, Sidewalk, and ADA Ramps project not to exceed $159,336. The motion was seconded by Commissioner Graf and carried unanimously.
REVIEW OF DOCUMENTS REGARDING THE REFUNDING OF THE 1998 AND 2001 GO BONDS AND 2002 WATER REVENUE BOND:
Finance Director Diana Garten explained to the Commission that the City has the opportunity to refund and refinance the 1998 and 2001 GO Bonds and the 2002 Water Revenue Bond and in doing this, the City would save about $135,000. Ms. Garten added that this would also give us a little more flexibility on the Water Revenue Bond in the future. Ms. Garten stated that this was a good time and a good opportunity to do it. City Manager Dave Howard commented that this was $135,000 over nine years and they would still be paid off in nine years. Mr. Howard stated that it would be various amounts every year. Ms. Garten commented that is was about an average of $14,500 per year.
Ms. Garten explained the summary of what the City would be doing and that it would be refunding those three issues for about $3,442,000. Ms. Garten commented that was an interest principal savings of 4% and that it is worth doing if it is 2% or above. Commissioner Nystrom asked what we getting on savings. Ms. Garten commented that it was 2% and that the last one was 1.85%, so we were not getting much.
Mr. Howard commented that one of the values in switching to GO bonds is that the prearranged loan for the downtown water main project can be paid out of the general fund and not the water fund. Mr. Howard stated that this could prevent an increase in water rates due to the flexibility of using the general fund if something unexpected were to come up. Commissioner Hlavachick commented that this was a good size savings.
CONSIDERATION AND APPROVAL OF RESOLUTION REGARDING THE REFUNDING OF BONDS:
Ms. Garten explained that this resolution gives permission to move the water revenue bonds to the GO bonds. Mayor Taylor clarified that the water bond would be going over to the GO portion. Ms. Garten stated that was correct. A motion by Commissioner Nystrom to approve Resolution 051809 declaring it advisable to issue GO bonds for our water utility system for the City of Pratt, Kansas. The motion was seconded by Commissioner Graf and carried unanimously.
REPORTS:
Humane Society garage sale:
City Manager Dave Howard reminded the Commission that the Humane Society would be using the old J.C. Food’s building for their garage sale and that they had found more tables to use and would be storing them there until the week-end of Miss Kansas.
First tournament:
Mr. Howard reported that Recreation Director Bruce Pinkall has stated that the tournament last week-end was very successful and that there were a lot of gate and concession receipts. Mr. Howard commented that Mr. Pinkall would give a more detailed report at the next meeting.
Humane Society contract:
City Attorney Ken Van Blaricum reminded the Commission that on March 16th they had authorized a new agreement with the Humane Society and that he had presented that agreement to Mr. Mike Hill. Mr. Van Blaricum commented that Mr. Hill was a very careful guy and it had taken him a long time to get back to him, but that Mr. Hill had found a glitch in the contract. Mr. Van Blaricum stated that they are more than pleased with the utility situation, but that Section 4 under ‘Terms’ states ‘City shall pick up, transport and deliver to Humane Society all stray or ownerless animals within the City and animals otherwise in violation of City Ordinance’ and they had picked up on that and read the animal ordinance. Mr. Van Blaricum commented that Section 22 of the animal ordinance states that ‘Any law enforcement officer or local health officer may take up, upon private or public property, any animal which has bitten or scratched a person or other animal…’ and that the County Health Officer had picked up on that language and he did not like that idea. Mr. Van Blaricum explained that the County Health Officer had taken this to the County Commission and they did not like the idea of their County Health Officer being responsible for animals that have bitten someone and that they would like for us to change that provision in the ordinance, which would then allow the Humane Society to sign the agreement. Mayor Taylor questioned what we would do with such an animal. Mr. Van Blaricum commented that they would handle those animals in their own way. City Manager Howard asked how they can pick up an animal for biting another animal. Police Chief Steve Holmes stated that they can if there are no current vaccinations and that the County had changed the regulations from impounding both animals to just the biter. Mr. Van Blaricum commented that the message was that the County does not want to mess with these animals. Chief Holmes stated that the County Health Officer has never picked up one of these animals.
Mayor Taylor questioned where the County enters into this. Mr. Van Blaricum stated that it was the Health Officer who had the problem. Chief Holmes stated that we quarantine the dog with no vaccinations, cite the owner and then a bill for the quarantine is given to the City Attorney and he asks the court for restitution. Chief Holmes commented that then the Humane Society recoups their funds for the quarantined animal and Mr. Hill has been happy with that.
Commissioner Nystrom asked what the reason was again that Mr. Hill would not sign the contract. Mr. Van Blaricum read the statement in the contract again. Mayor Taylor commented that the key word was ‘may’. Commissioner Nystrom asked why Mr. Hill was not willing to sign the contract due to the language. Mr. Van Blaricum commented that he had received pressure from the County. Mayor Taylor commented that it would be nice to have someone from the County here.
Mr. Van Blaricum commented that he had just wanted to bring this to the Commission’s attention that the Humane Society was willing to sign the contract, but the County was unhappy about, what he thought was a very minor issue. Mayor Taylor stated that he would follow Mr. Van Blaricum’s recommendations. Mr. Van Blaricum commented that he would bring the Ordinance back after revisions were made and then the Humane Society would be willing to sign the contract.
Commissioner Nystrom questioned the Humane Society’s obligation to the utility services. Mr. Van Blaricum commented that he would make it retroactive to the date of the contract and that should take care of it.
Pool update:
Public Works Director Russ Rambat commented that the pool was ready and that the slide was working. Mr. Rambat added that the pool would open on Memorial week-end.
Street Dept.:
Mr. Rambat commented that the street department had been busy painting and prepping the downtown for Miss Kansas and Memorial Day.
Mr. Rambat stated that he appreciated the approval of the curb and sidewalk bid and that he would put those tax dollars to work as soon as possible.
Engine running:
Power Plant Superintendent Ernie Smith informed the Commission that KMEA had called today and we were running the engine now. Mr. Smith explained that that was called ‘load shaving’, which puts restraints on us and we cannot get power in. Mr. Smith commented that this had started about 2:00 p.m. and was still running. Mayor Taylor questioned which engine was running. Mr. Smith stated that it was #6.
Comments from Chief Holmes:
Police Chief Steve Holmes stated that on behalf of Captain Meyers, he wanted to thank everyone who had attended the ‘Law Enforcement Day’ activities and thanked Mayor Taylor for being a part of that.
Chief Holmes commented that he had attended the Valor Awards in Topeka and reminded the Commission that Officer Bill Coontz, who had worked for us several years ago and been involved in a shooting, had received his second gold medal for being involved in another shooting. Chief Holmes explained that Officer Coontz had received his first gold medal for the shooting downtown years ago and after he had left Pratt he became a reserve officer and had saved a truck driver’s life; therefore, received a silver award.
Mayor Taylor stated that he appreciated Captain Meyers putting the activities together. Chief Holmes commented that Rev. Fleener had gotten with Captain Meyers and they had worked together. Chief Holmes added that Captain Meyers had done an excellent job. Commissioner Hlavachick commented that more people would come if this becomes an annual event. Chief Holmes commented that attendance was appreciated by all the officers.
Mayor Taylor commented that when you get pulled over for a traffic violation, they are doing it for our benefit and that they are protecting us from others and ourselves. Mayor Taylor added that it is a thankless job sometimes.
Bucket truck update:
Commissioner Graf questioned Director of Electric Utilities Kelly Hemphill about getting the lower cost on the bucket truck. Mr. Hemphill stated that they had gotten the truck for $1,000 less. Mr. Hemphill commented that the difference was between a 2009 and 2010 and that the 2009 had been spoken for, but the company had found another 2009, so they reduced the price.
Agenda:
Commissioner Graf thanked the Pratt Tribune for putting the agenda in the paper. Commissioner Graf questioned if the agenda could be put on the City’s website. City Clerk Kramer commented that it was on there, but was a little confusing to find. Ms. Kramer stated that you go to government, departments, city clerk and then agenda, etc.
ADJOURN:
A motion by Commissioner Nystrom to adjourn. The motion was seconded by Commissioner Hlavachick and carried unanimously.
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JEFF TAYLOR, Mayor
(SEAL)
ATTEST:
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LUANN KRAMER, City Clerk
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