MONDAY
SEPTEMBER 21, 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-September 08, 2009 Regular City Commission meeting
4. OPEN AGENDA
5. BUSINESS:
5.1 Consideration and Approval of Use of Centennial Park for Local Band Concert on October 3rd – Dustin Cates, Event Organizer
5.2 Discussion on Sunflower H2O Water Study – Water Study Members; Dave Howard, City Manager
5.3 Consideration and Approval of the Purchase of One Replacement Substation Breaker – Kelly Hemphill, Dir. of Electric Utilities
5.4 Consideration and Approval of Ordinance Requesting Annexation of Land – Ken Van Blaricum, City Attorney (ORDINANCE 0916)
6. REPORTS
6.1 City Manager
6.2 City Attorney
6.3 Department Heads
6.4 Mayor
6.5 City Commission
7. ADJOURN
Friday, September 18, 2009
Wednesday, September 9, 2009
08/17/09 Approved Commission Minutes
MONDAY
AUGUST 17, 2009
The Governing Body of the City of Pratt met in Regular session in the Commission Room located in City Hall.
PRESENT: Jeff Taylor Mayor
Bill Hlavachick Commissioner
Eric Nystrom Commissioner
Willy Peltier Commissioner
Victor Graf Commissioner
ALSO PRESENT: Dave Howard City Manager
LuAnn Kramer City Clerk
Ken Van Blaricum City Attorney
Diana Garten Finance Director
Russell Rambat Public Works Director
Steve Holmes Chief of Police
Brad Blankenship Building Inspector Bruce Pinkall Recreation Director
CALL TO ORDER:
Mayor Taylor called the regular meeting to order. The Mayor instructed the Clerk to note that all Commissioners were present.
Mayor Taylor reminded the audience that the meeting may be taped and/or recorded.
MINUTES:
A motion by Commissioner Hlavachick to approve the minutes of the regular Commission meeting of August 03, 2009. The motion was seconded by Commissioner Peltier and carried unanimously.
OPEN AGENDA:
Delinquent taxes:
Ms. Karen Detwiler questioned the Commission about whether Commissioner Peltier was receiving a pay check for being a City Commissioner when he had delinquent property taxes. Mayor Taylor commented that the City is not responsible for property taxes and that Commissioner Peltier was receiving his City check. Mayor Taylor added that you can receive your City Commission pay check and never show up for a meeting. Commissioner Nystrom commented that this was not relevant to any City issue.
1001 Stout zoning issue:
Mr. Billy Wood addressed the Commission concerning the zoning at 1001 Stout. Mr. Wood commented that he had documentation that the property was zoned commercial, but there was some question about that now. City Attorney Ken Van Blaricum commented that he was aware of the problem with the zoning and Mr. Wood should come before the Planning and Zoning Commission and apply for a zoning modification. Mr. Van Blaricum told Mr. Wood that after he appeared before the Planning Commission, they would make a recommendation to the City Commission.
Commissioner Peltier asked what the issue was. Mr. Wood stated that he had not had any problem with renters until Mr. Curtis Shankle and he had received a letter from the City about the debris on that property and it was listed as residential property. Mr. Wood shared the map given to him by Mr. Black that showed the property as being zoned commercial. Mr. Wood commented that he had more people wanting to rent it, but he would like to clear up this issue before doing so.
Commissioner Nystrom asked if this was a P & Z issue or an attorney issue. Mr. Van Blaricum commented that it was both, but especially planning. Mr. Van Blaricum commented that it needed to be zoned commercial, but a determination needed to be made on the actual zoning.
Mr. Van Blaricum encouraged Mr. Wood to attend the September 17th Planning and Zoning Commission meeting.
Rezone on corner of Iuka & 6th:
Ms. Janel Haumont stated that she lived on the corner of Iuka Street and Sixth Street and that all the homes in that area had been purchased by an investment group, but hers. Ms. Haumont explained that they had been told that if a commercial business came in, it would decrease their property value. Mayor Taylor asked Mr. Van Blaricum if this was a zoning matter. Mr. Van Blaricum stated that it was a property matter, because they do not like the offer they are getting for their property. Mr. Van Blaricum added that they would have to get proper zoning. City Manager Dave Howard commented that you can rezone an individual lot, but that recommendation would come from the Zoning Commission. Ms. Haumont asked if she would be notified. Mr. Howard stated that anyone within 200’ of the request would be notified.
Maple Street comments:
Mr. Bob Blasi, rural County resident, commented that he remembers back twenty-five years ago that there had been issues with this project, but that it should have been done then. Mr. Blasi stated that he had looked for a lot to build his residence on and there were none. Mr. Blasi added that not having a nice new development has hurt Pratt.
Mr. Rich Sanders, local insurance professional, stated that he was around twenty-five years ago and it was a shame that this was not done then. Mr. Sanders commented that Pratt was out of building sites and that the development in the last five years had been in the County. Mr. Sanders commented that if Pratt were going to continue to grow, they had to have space available. Mr. Sanders stated that there were barriers in the other three directions and that Maple Street needed to be extended for Pratt to be viable in the future.
Ms. Denise Sanders, real estate agent, added that through the years a number of people that could have moved to Pratt were lost, because we did not have the housing that they wanted. Ms. Sanders commented that doctors and people with upper level jobs look at the school system and want new construction and Pratt does not have it. Ms. Sanders stated that in order to encourage people to move to Pratt and take upper level jobs, we need to open up this opportunity.
Mr. Leo Kitch, real estate agent, commented that the last big addition was southeast of town and those houses were built in the 1960’s. Mr. Kitch stated that no one thought that would last long, but progress has to be done if Pratt is going to survive. Mr. Kitch commented that big guys eat little guys if we do not progress. Mr. Kitch added that seventy lots seem like a lot, but if a company came to town, that is not very many. Mr. Kitch stated that we want to attract people to our community and we need a source of location.
Mr. Jack Galle, 610 Sunrise, stated that he had moved here twenty years ago and the issue from twenty-five years ago was still fresh. Mr. Galle commented that no one should take this personally, but see how it would benefit the community as a whole. Mr. Galle stated that this was the right thing to do and that we have to look into the future. Mr. Galle added that Pratt needs to be forward thinking.
Mr. David Borho, owner of Kinchelo’s, commented that he had been a business owner for thirty-five years and that he used to travel with his father through Pratt. Mr. Borho stated that even at thirteen years old he knew that this community was forward thinking. Mr. Borho commented that he remembered this issue from twenty-five years ago and he had lived on Terrace Drive and there were legitimate reasons why residents on Terrace Drive and Sunrise were not for it, but they realize that we need to look at the future. Mr. Borho stated that if homes are going to be built, they should be able to look at Pratt proper.
Mr. Fred Sullivan, business owner, commented that he lives in Oklahoma now, but has a business in Pratt with seven employees and they count on him for their livelihood. Mr. Sullivan stated that Pratt needs lots to build on and he had been waiting for something like this for years. Mr. Sullivan commented that a development such as this would give jobs to contractors and gardeners. Mr. Sullivan added that we need energy efficient homes so that we can rub shoulders with Greensburg, who has been drawn in by the world. Mr. Sullivan stated that he wants Pratt to do this for him personally and for his business and families and that he does not want Pratt to miss the boat again.
Mr. Richard McDiffett commented that he could not add too much to what had already been said, but that this would be a big positive for the Pratt community. Mr. McDiffett stated that you have to look at the tax base and job growth. Mr. McDiffett explained that money goes around seven times and this would be a big boom to the community.
Mr. Bill Rea, PRMC employee, commented that he had lived in Pratt for thirty-eight years and he knows that there have been a number of opportunities for the City and County that have gone by the way side because people did not want to grow. Mr. Rea added that businesses are not going to look at us if there are no opportunities for their people.
Mr. Doug Meyer, PRMC pharmacist, commented that you take calculated risks in your personal and professional life. Mr. Meyer stated that there are no down sides to this and that the Commission should consider the project strongly.
Mr. Myron Bartel, Home Lumber, commented that he actually lives at Maple Street and Glenarm Street and he is supporting the extension. Mr. Bartel commented that building materials are at an all time low and this would be a good opportunity to build. Mr. Bartel stated that Pratt needs to take advantage of this.
Mayor Taylor thanked everyone for their comments and support for this project. Mayor Taylor added that the Commission appreciates hearing the pros and the cons and that they had heard from the other side at the last meeting and that had raised some serious questions. Mayor Taylor stated that you have to have a plan and the extension of Maple Street was the most important thing right now.
BUSINESS:
PUBLIC HEARING ON THE PROPOSED 2010 CITY OF PRATT BUDGET:
• Open Public Hearing by Motion
Mayor Taylor made a motion to open the public hearing on the proposed 2010 City of Pratt budget. The motion was seconded by Commissioner Hlavachick and carried unanimously.
• Discussion on Proposed 2010 City of Pratt Budget
Ms. Karen Detwiler questioned how much the City has in the banking institutions. Mayor Taylor asked if this was a budget question. After little discussion, Finance Director Garten stated that the City had about $20 million in the banks. Mayor Taylor commented that some of that was set aside for future projects, such as the Main Street project.
• Close Public Hearing by Motion
A motion by Mayor Taylor to close the public hearing on the proposed 2010 City of Pratt budget. The motion was seconded by Commissioner Nystrom and carried unanimously.
• Approve 2010 City of Pratt Budget
Commissioner Hlavachick made a motion to approve the 2010 City of Pratt budget as presented. The motion was seconded by Commissioner Graf. Commissioner Peltier asked where the cuts were made to drop the mill levy as had been discussed at the last meeting. Ms. Garten commented that each department in the general fund had had 1/2% taken from their budget. Commissioner Peltier asked if this would put a hardship on any of those departments. Ms. Garten stated that it should not as it was in fuel, professional services and capital equipment. Commissioner Peltier questioned if reducing recreations professional services would affect baseball tournaments. Recreation Director Bruce Pinkall stated that they have never completely spent that line item and there should be no affect on staff or activities. Commissioner Hlavachick commented that he liked that it had been shared by the departments. After no further discussion, the motion passed unanimously.
CONSIDERATION AND APPROVAL OF THE PURCHASE OF PROPERTY AT PRAIRIE PARKWAY BUSINESS PARK:
City Manager Dave Howard commented that this was actually property that the Commission had agreed to sell last fall to Mr. Terry Richardson. Mr. Howard explained that there had been a signed warranty deed, but in late December, Mr. Richardson had decided to wait due to low oil prices.
Mr. Howard stated that he had received a call in March or April that Mr. Richardson was ready to purchase the property. Mr. Howard added that with so much time passing, he wanted to bring it before the Commission again. City Attorney Van Blaricum commented that we would be able to use the old deed. Mr. Howard stated that the land was worth the price today that it was then.
Commissioner Nystrom questioned if there was any reason why we would not want to sell it. Mr. Howard commented that this was just because so much time had passed. Mr. Van Blaricum commented that he could draw up a contract and that would remind them of the covenants.
A motion by Commissioner Hlavachick to approve the sale of the property at Prairie Parkway Business Park, Lot 2 and Lot 3B, Block C, to Terry Richardson for $37,087. The motion was seconded by Commissioner Peltier and carried unanimously.
CONSIDERATION AND APPROVAL OF RESOLUTION PROVIDING FOR A HEARING ON REQUEST FOR ABATEMENT OF MOTOR VEHICLE NUISANCE AND PROPERTY NUISANCE AT 600 N. OAK STREET:
Mr. Van Blaricum commented that he had informed the Commission at the last meeting that he would be bringing property abatements to their attention. Mr. Van Blaricum stated that this abatement was on the property on North Oak and involved vehicles and no structure. Mr. Van Blaricum commented that this hearing was set for September 08, 2009.
Commissioner Nystrom questioned if the vehicle ordinance would not take care of this. Mr. Van Blaricum stated that it could, but this was a convenient way to do it. Commissioner Nystrom asked if the owner was not willing to move the vehicles. Mr. Van Blaricum stated that the gentleman was indisposed and was currently a resident of the Pratt County jail.
City Inspector Brad Blankenship commented that this was complaint driven by people who have come by or called. Mr. Howard commented that he had been over there today and noticed that there was also a motorcycle along with the motor home and car. Mr. Howard added that the door to the RV was open and that was why he had gone on the property and had then discovered the motorcycle. Mr. Blankenship commented that you also have the problem of rodents getting in those vehicles.
Commissioner Graf asked if this was not in the 500 block of North Oak instead of the 600 block. Mr. Blankenship commented that he had received the legal description from the County. After more discussion, the address was changed to the 500 block of North Oak.
Mr. Van Blaricum commented that the resolution recommended that the Commission set the hearing date for September 08, 2009. The following Resolution was then presented to the Commission for their approval: RESOLUTION PROVIDING FOR HEARING ON REQUEST FOR ABATEMENT OF MOTOR VEHICLE NUISANCE AND PROPERTY NUISANCE PURSUANT TO PRATT MUNICIPAL CODE SECTION 8.08.010 et seq. A motion by Commissioner Peltier to approve Resolution 081709 providing for a hearing on abatement at 500 North Oak. The motion was seconded by Commissioner Graf and carried unanimously.
CONSIDERATION AND APPROVAL OF ORDINANCE REGARDING HOURS OF RETAIL SALE OF ANY ALCOHOLIC LIQUOR:
Mr. Van Blaricum commented that this was the ordinance that liquor store owners had requested so that they were legal. Mr. Van Blaricum stated that the hours for liquor stores would be extended to 11:00 p.m. and that it was up to the owner whether they stay open past the current closing time of 8:00 p.m. Mr. Van Blaricum explained that this change would keep them legal and be in line with the state law. Commissioner Peltier asked if it was state law to be closed on Memorial Day, Thanksgiving and other holidays. Mr. Van Blaricum stated that it was. Commissioner Graf commented that you can be open on July 4th if you are open on Sunday. Police Chief Steve Holmes commented that Cities that have Sunday sales have opted out of the State statute and passed their own ordinance. Chief Holmes added that ABC lost that court challenge. Commissioner Peltier asked if you could opt out of hours to sell. Mr. Van Blaricum stated that you cannot.
Ordinance 0911 was then presented to the Commission for their approval: AN ORDINANCE AMENDING SECTION 5.24.040 OF THE PRATT MUNICIPAL CODE REGARDING HOURS OF RETAIL SALE OF ANY ALCOHOLIC LIQUOR. A motion by Commissioner Peltier to accept Ordinance 0911. The motion was seconded by Commissioner Graf and carried unanimously.
CONSIDERATION AND APPROVAL OF ORDINANCE PROVIDING MODIFICATIONS TO THE “UNIFORM PUBLIC OFFENSE CODE FOR KANSAS CITIES”:
City Attorney Van Blaricum commented that this was an ordinance that would cover things that are omitted from the Uniform Code. Mr. Van Blaricum stated that the ordinance came about after several airplane accidents involving birds and it would comply with the federal aviation program. Chief Holmes stated that the police department could shoot the birds, but Mr. Reid Bell had requested that he and his employees be added so that they could shoot geese.
Ordinance 0912 was then presented to the Commission for their approval: AN ORDINANCE AMENDING SECTION 9.04.020 OF THE MUNICIPAL CODE OF THE CITY OF PRATT, KANSAS; PROVIDING MODIFICATIONS TO THE “UNIFORM PUBLIC OFFENSE CODE FOR KANSAS CITIES,” EDITION OF 2005. A motion by Commissioner Peltier to adopt Ordinance 0912. The motion was seconded by Commissioner Hlavachick and carried unanimously.
CONSIDERATION AND APPROVAL FOR A BUDGETED VEHICLE PURCHASE FOR THE WATER DEPARTMENT:
Public Works Director Russell Rambat explained to the Commission that this vehicle request would be replacing the Dodge flat bed truck that had been bought in 1997. Mr. Rambat commented that this truck had been used with the large trailer and by other departments, but that in the last three years there had been another vehicle purchased that could handle the trailer. Mr. Rambat added that this truck probably could not pull the trailer anymore as it barely had the power of a V-4. Mr. Rambat stated that this vehicle was being used by the well checker in the water department and was pretty beat up.
Mr. Rambat informed the Commission that the budgeted vehicle was fitted with Option #2 that had the tommy lift tri-fold feature to carry chlorine bottles and was the cheaper of the two options. Mr. Rambat stated that he was recommending the bid from Lanterman Motors with option #2 in the amount of $23,495.
A motion by Commissioner Hlavachick to approve the vehicle from Lanterman Motors for the water department to replace the V-10 in the amount of $23,495 including the trade-in. The motion was seconded by Commissioner Peltier and carried unanimously.
**Commissioner Peltier asked for a 2 minute break.
REPORTS:
Chris Polk:
City Manager Howard commented that Dr. Chris Polk had purchased the lot west of O’Reilly’s and would be building fairly soon. Mr. Howard explained that Dr. Polk would be operating out of a temporary unit to get his business running and would be moving that unit out once the permanent building was complete. Mr. Howard stated that Dr. Polk was committed to this project and it was a good positive thing.
Capacity and generation:
Mr. Howard commented that the power plant men had done a good job firing up the unit that had not operated since 2006 and that things went well. Mr. Ernie Smith, Power Plant Superintendent, commented that there would be budgeted items that would need to be replaced, but that the original cooling tower had been set up to serve two units and they had got one to produce eleven mgs. Mr. Smith added that that had paid for the generation and the price of duel fuels. Mr. Howard commented that this would not be reflected on the citizen’s bills, because the City would eat that cost.
Mr. Howard explained that you have to meet capacity as a partial City and be able to meet it at 112%. Commissioner Nystrom questioned if atmospheric conditions are a concern. Mr. Smith stated that winter was better, but this turned out a lot better than anticipated. Commissioner Nystrom asked what that meant. Mr. Smith stated that it meant that we had the ability to meet the 112%, but that did not mean that they did not need to replace the cooling tower that had been built in 1961.
Mr. Howard commented that they were getting the specs together to go out to bid to replace the cooling tower that had been torn down. Mr. Howard added that with a new cooling tower they would review the issue of a partial requirement City and how much the City saves. Mr. Howard stated that to keep the steam plant operating saves a lot of money and that if we had not been able to get #14 up, we would have had to find the capacity.
Mr. Howard commented that if the cooling tower is approved, the next issue is to look at #5 and bring it up to standard. Mr. Smith explained that #5 was built in 1952 and had safety issues. Mr. Howard commented that there was money involved in excess capacity that can be sold. Commissioner Peltier asked if the other cooling tower was short on time. Mr. Smith stated that it could be.
Pratt Well property:
City Attorney Van Blaricum commented that the property purchased from Pratt Well was ours as of Friday, but they had to get the technical details done before that was possible. Mr. Howard commented that he would be requesting that property be annexed into the City and that was a simple procedure.
**Mr. Van Blaricum left the meeting after giving his report.
Public Works projects:
Public Works Director Rambat commented that the pedestrian crossing on South Pine should be done by the end of the week.
Mr. Rambat commented that the slurry seal project should start the first of September and that had been approved by the Commission a month or so ago.
Mr. Rambat commented that the street department was getting caught up with the curb and gutter guys.
New fire station:
City Inspector Blankenship commented that the new fire station was rolling along. Commissioner Peltier commented that it was looking nice. Commissioner Nystrom questioned if they had a time frame. Mr. Blankenship commented that one of the guys would be getting married on the 28th and they wanted to be done by then so that Mansel Construction could come in.
Duel fuel engines:
Power Plant Superintendent Smith commented that they were still working on putting together the duel fuel engines and that the holdup were the parts. Mr. Smith stated that there were three heads on it now and he was not sure how much longer it was going to be.
School Signs:
Police Chief Holmes informed the Commission that they would be doing a test run on the school signs so that they are set for the right time for the first day of school Wednesday.
Labor Day:
City Clerk Kramer informed the Commission that the next meeting day would be Tuesday, September 8th since the 7th was Labor Day.
New employee:
Ms. Kramer commented that her new employee had started today. Ms. Kramer stated that Ms. Angela Branscom would be working with Ms. Haworth for a couple of weeks to learn her new job.
Thanks to Tribune:
Mayor Taylor thanked Mr. Conrad Easterday for getting the agenda in the paper and stated that he had heard positive comments about it.
Access to Cox channel:
Mayor Taylor questioned if the City had access to any Cox channel. Mr. Howard commented that by the franchise agreement he thought we could. Mayor Taylor asked if we were interested in that. Mr. Howard explained that there would be a cost to it and the City would have to pay for all the costs to have it set up and that could be substantial. Mr. Howard added that a lot of Cities do that. Mayor Taylor commented that it would be a good public service.
Move on Maple Street:
Commissioner Nystrom commented that he would like to move on the Maple Street extension project and that the time was right.
Motion & Discussion on Maple Street:
A motion by Commissioner Peltier to do the Maple Street extension project. Mr. Howard commented that the funds were there, but not in the 2010 budget. Mayor Taylor commented that his concern was that we had been saying that it would not be done until the budget year 2010. The motion was seconded by Commissioner Nystrom. Commissioner Nystrom stated that we just need to do it and that there was overwhelming support for doing it.
Mayor Taylor questioned the time for the engineering and cost. Mr. Howard commented that at a prior meeting he had stated that Mr. Alan Luttrell would do the plat of the road and that would cost about $8,000 to $10,000 and would take some time. Commissioner Nystrom stated that the dirt contractors are eager to get started and this would be a stimulus project for Pratt. Commissioner Nystrom added that the citizens were not in support of a dirt road. Commissioner Hlavachick commented that we needed to build it right.
Commissioner Peltier added to his motion that this would be for a complete job. Commissioner Nystrom commented that development would come naturally. Mayor Taylor questioned if this would include complete curb and gutter. Mr. Howard stated that he would talk to Mr. Luttrell and report back, but he thought it would be three to four months.
Commissioner Hlavachick asked if we would have to amend the 2010 budget. Ms. Garten stated that it depends on other projects and if some go over into 2011, but we could be alright.
A vote of the motion and second passed with three approved votes from Commissioners Peltier, Hlavachick and Nystrom and two opposed votes from Mayor Taylor and Commissioner Graf.
ADJOURN:
A motion by Commissioner Hlavachick to adjourn. The motion was seconded by Commissioner Graf and carried unanimously.
_____________________________________
JEFF TAYLOR, Mayor
(SEAL)
ATTEST:
_______________________________
LUANN KRAMER, City Clerk
**Correction page 6 – A break was taken before beginning the agenda items.
**Correction page 7 - Mr. Van Blaricum left the meeting after giving his report.
AUGUST 17, 2009
The Governing Body of the City of Pratt met in Regular session in the Commission Room located in City Hall.
PRESENT: Jeff Taylor Mayor
Bill Hlavachick Commissioner
Eric Nystrom Commissioner
Willy Peltier Commissioner
Victor Graf Commissioner
ALSO PRESENT: Dave Howard City Manager
LuAnn Kramer City Clerk
Ken Van Blaricum City Attorney
Diana Garten Finance Director
Russell Rambat Public Works Director
Steve Holmes Chief of Police
Brad Blankenship Building Inspector Bruce Pinkall Recreation Director
CALL TO ORDER:
Mayor Taylor called the regular meeting to order. The Mayor instructed the Clerk to note that all Commissioners were present.
Mayor Taylor reminded the audience that the meeting may be taped and/or recorded.
MINUTES:
A motion by Commissioner Hlavachick to approve the minutes of the regular Commission meeting of August 03, 2009. The motion was seconded by Commissioner Peltier and carried unanimously.
OPEN AGENDA:
Delinquent taxes:
Ms. Karen Detwiler questioned the Commission about whether Commissioner Peltier was receiving a pay check for being a City Commissioner when he had delinquent property taxes. Mayor Taylor commented that the City is not responsible for property taxes and that Commissioner Peltier was receiving his City check. Mayor Taylor added that you can receive your City Commission pay check and never show up for a meeting. Commissioner Nystrom commented that this was not relevant to any City issue.
1001 Stout zoning issue:
Mr. Billy Wood addressed the Commission concerning the zoning at 1001 Stout. Mr. Wood commented that he had documentation that the property was zoned commercial, but there was some question about that now. City Attorney Ken Van Blaricum commented that he was aware of the problem with the zoning and Mr. Wood should come before the Planning and Zoning Commission and apply for a zoning modification. Mr. Van Blaricum told Mr. Wood that after he appeared before the Planning Commission, they would make a recommendation to the City Commission.
Commissioner Peltier asked what the issue was. Mr. Wood stated that he had not had any problem with renters until Mr. Curtis Shankle and he had received a letter from the City about the debris on that property and it was listed as residential property. Mr. Wood shared the map given to him by Mr. Black that showed the property as being zoned commercial. Mr. Wood commented that he had more people wanting to rent it, but he would like to clear up this issue before doing so.
Commissioner Nystrom asked if this was a P & Z issue or an attorney issue. Mr. Van Blaricum commented that it was both, but especially planning. Mr. Van Blaricum commented that it needed to be zoned commercial, but a determination needed to be made on the actual zoning.
Mr. Van Blaricum encouraged Mr. Wood to attend the September 17th Planning and Zoning Commission meeting.
Rezone on corner of Iuka & 6th:
Ms. Janel Haumont stated that she lived on the corner of Iuka Street and Sixth Street and that all the homes in that area had been purchased by an investment group, but hers. Ms. Haumont explained that they had been told that if a commercial business came in, it would decrease their property value. Mayor Taylor asked Mr. Van Blaricum if this was a zoning matter. Mr. Van Blaricum stated that it was a property matter, because they do not like the offer they are getting for their property. Mr. Van Blaricum added that they would have to get proper zoning. City Manager Dave Howard commented that you can rezone an individual lot, but that recommendation would come from the Zoning Commission. Ms. Haumont asked if she would be notified. Mr. Howard stated that anyone within 200’ of the request would be notified.
Maple Street comments:
Mr. Bob Blasi, rural County resident, commented that he remembers back twenty-five years ago that there had been issues with this project, but that it should have been done then. Mr. Blasi stated that he had looked for a lot to build his residence on and there were none. Mr. Blasi added that not having a nice new development has hurt Pratt.
Mr. Rich Sanders, local insurance professional, stated that he was around twenty-five years ago and it was a shame that this was not done then. Mr. Sanders commented that Pratt was out of building sites and that the development in the last five years had been in the County. Mr. Sanders commented that if Pratt were going to continue to grow, they had to have space available. Mr. Sanders stated that there were barriers in the other three directions and that Maple Street needed to be extended for Pratt to be viable in the future.
Ms. Denise Sanders, real estate agent, added that through the years a number of people that could have moved to Pratt were lost, because we did not have the housing that they wanted. Ms. Sanders commented that doctors and people with upper level jobs look at the school system and want new construction and Pratt does not have it. Ms. Sanders stated that in order to encourage people to move to Pratt and take upper level jobs, we need to open up this opportunity.
Mr. Leo Kitch, real estate agent, commented that the last big addition was southeast of town and those houses were built in the 1960’s. Mr. Kitch stated that no one thought that would last long, but progress has to be done if Pratt is going to survive. Mr. Kitch commented that big guys eat little guys if we do not progress. Mr. Kitch added that seventy lots seem like a lot, but if a company came to town, that is not very many. Mr. Kitch stated that we want to attract people to our community and we need a source of location.
Mr. Jack Galle, 610 Sunrise, stated that he had moved here twenty years ago and the issue from twenty-five years ago was still fresh. Mr. Galle commented that no one should take this personally, but see how it would benefit the community as a whole. Mr. Galle stated that this was the right thing to do and that we have to look into the future. Mr. Galle added that Pratt needs to be forward thinking.
Mr. David Borho, owner of Kinchelo’s, commented that he had been a business owner for thirty-five years and that he used to travel with his father through Pratt. Mr. Borho stated that even at thirteen years old he knew that this community was forward thinking. Mr. Borho commented that he remembered this issue from twenty-five years ago and he had lived on Terrace Drive and there were legitimate reasons why residents on Terrace Drive and Sunrise were not for it, but they realize that we need to look at the future. Mr. Borho stated that if homes are going to be built, they should be able to look at Pratt proper.
Mr. Fred Sullivan, business owner, commented that he lives in Oklahoma now, but has a business in Pratt with seven employees and they count on him for their livelihood. Mr. Sullivan stated that Pratt needs lots to build on and he had been waiting for something like this for years. Mr. Sullivan commented that a development such as this would give jobs to contractors and gardeners. Mr. Sullivan added that we need energy efficient homes so that we can rub shoulders with Greensburg, who has been drawn in by the world. Mr. Sullivan stated that he wants Pratt to do this for him personally and for his business and families and that he does not want Pratt to miss the boat again.
Mr. Richard McDiffett commented that he could not add too much to what had already been said, but that this would be a big positive for the Pratt community. Mr. McDiffett stated that you have to look at the tax base and job growth. Mr. McDiffett explained that money goes around seven times and this would be a big boom to the community.
Mr. Bill Rea, PRMC employee, commented that he had lived in Pratt for thirty-eight years and he knows that there have been a number of opportunities for the City and County that have gone by the way side because people did not want to grow. Mr. Rea added that businesses are not going to look at us if there are no opportunities for their people.
Mr. Doug Meyer, PRMC pharmacist, commented that you take calculated risks in your personal and professional life. Mr. Meyer stated that there are no down sides to this and that the Commission should consider the project strongly.
Mr. Myron Bartel, Home Lumber, commented that he actually lives at Maple Street and Glenarm Street and he is supporting the extension. Mr. Bartel commented that building materials are at an all time low and this would be a good opportunity to build. Mr. Bartel stated that Pratt needs to take advantage of this.
Mayor Taylor thanked everyone for their comments and support for this project. Mayor Taylor added that the Commission appreciates hearing the pros and the cons and that they had heard from the other side at the last meeting and that had raised some serious questions. Mayor Taylor stated that you have to have a plan and the extension of Maple Street was the most important thing right now.
BUSINESS:
PUBLIC HEARING ON THE PROPOSED 2010 CITY OF PRATT BUDGET:
• Open Public Hearing by Motion
Mayor Taylor made a motion to open the public hearing on the proposed 2010 City of Pratt budget. The motion was seconded by Commissioner Hlavachick and carried unanimously.
• Discussion on Proposed 2010 City of Pratt Budget
Ms. Karen Detwiler questioned how much the City has in the banking institutions. Mayor Taylor asked if this was a budget question. After little discussion, Finance Director Garten stated that the City had about $20 million in the banks. Mayor Taylor commented that some of that was set aside for future projects, such as the Main Street project.
• Close Public Hearing by Motion
A motion by Mayor Taylor to close the public hearing on the proposed 2010 City of Pratt budget. The motion was seconded by Commissioner Nystrom and carried unanimously.
• Approve 2010 City of Pratt Budget
Commissioner Hlavachick made a motion to approve the 2010 City of Pratt budget as presented. The motion was seconded by Commissioner Graf. Commissioner Peltier asked where the cuts were made to drop the mill levy as had been discussed at the last meeting. Ms. Garten commented that each department in the general fund had had 1/2% taken from their budget. Commissioner Peltier asked if this would put a hardship on any of those departments. Ms. Garten stated that it should not as it was in fuel, professional services and capital equipment. Commissioner Peltier questioned if reducing recreations professional services would affect baseball tournaments. Recreation Director Bruce Pinkall stated that they have never completely spent that line item and there should be no affect on staff or activities. Commissioner Hlavachick commented that he liked that it had been shared by the departments. After no further discussion, the motion passed unanimously.
CONSIDERATION AND APPROVAL OF THE PURCHASE OF PROPERTY AT PRAIRIE PARKWAY BUSINESS PARK:
City Manager Dave Howard commented that this was actually property that the Commission had agreed to sell last fall to Mr. Terry Richardson. Mr. Howard explained that there had been a signed warranty deed, but in late December, Mr. Richardson had decided to wait due to low oil prices.
Mr. Howard stated that he had received a call in March or April that Mr. Richardson was ready to purchase the property. Mr. Howard added that with so much time passing, he wanted to bring it before the Commission again. City Attorney Van Blaricum commented that we would be able to use the old deed. Mr. Howard stated that the land was worth the price today that it was then.
Commissioner Nystrom questioned if there was any reason why we would not want to sell it. Mr. Howard commented that this was just because so much time had passed. Mr. Van Blaricum commented that he could draw up a contract and that would remind them of the covenants.
A motion by Commissioner Hlavachick to approve the sale of the property at Prairie Parkway Business Park, Lot 2 and Lot 3B, Block C, to Terry Richardson for $37,087. The motion was seconded by Commissioner Peltier and carried unanimously.
CONSIDERATION AND APPROVAL OF RESOLUTION PROVIDING FOR A HEARING ON REQUEST FOR ABATEMENT OF MOTOR VEHICLE NUISANCE AND PROPERTY NUISANCE AT 600 N. OAK STREET:
Mr. Van Blaricum commented that he had informed the Commission at the last meeting that he would be bringing property abatements to their attention. Mr. Van Blaricum stated that this abatement was on the property on North Oak and involved vehicles and no structure. Mr. Van Blaricum commented that this hearing was set for September 08, 2009.
Commissioner Nystrom questioned if the vehicle ordinance would not take care of this. Mr. Van Blaricum stated that it could, but this was a convenient way to do it. Commissioner Nystrom asked if the owner was not willing to move the vehicles. Mr. Van Blaricum stated that the gentleman was indisposed and was currently a resident of the Pratt County jail.
City Inspector Brad Blankenship commented that this was complaint driven by people who have come by or called. Mr. Howard commented that he had been over there today and noticed that there was also a motorcycle along with the motor home and car. Mr. Howard added that the door to the RV was open and that was why he had gone on the property and had then discovered the motorcycle. Mr. Blankenship commented that you also have the problem of rodents getting in those vehicles.
Commissioner Graf asked if this was not in the 500 block of North Oak instead of the 600 block. Mr. Blankenship commented that he had received the legal description from the County. After more discussion, the address was changed to the 500 block of North Oak.
Mr. Van Blaricum commented that the resolution recommended that the Commission set the hearing date for September 08, 2009. The following Resolution was then presented to the Commission for their approval: RESOLUTION PROVIDING FOR HEARING ON REQUEST FOR ABATEMENT OF MOTOR VEHICLE NUISANCE AND PROPERTY NUISANCE PURSUANT TO PRATT MUNICIPAL CODE SECTION 8.08.010 et seq. A motion by Commissioner Peltier to approve Resolution 081709 providing for a hearing on abatement at 500 North Oak. The motion was seconded by Commissioner Graf and carried unanimously.
CONSIDERATION AND APPROVAL OF ORDINANCE REGARDING HOURS OF RETAIL SALE OF ANY ALCOHOLIC LIQUOR:
Mr. Van Blaricum commented that this was the ordinance that liquor store owners had requested so that they were legal. Mr. Van Blaricum stated that the hours for liquor stores would be extended to 11:00 p.m. and that it was up to the owner whether they stay open past the current closing time of 8:00 p.m. Mr. Van Blaricum explained that this change would keep them legal and be in line with the state law. Commissioner Peltier asked if it was state law to be closed on Memorial Day, Thanksgiving and other holidays. Mr. Van Blaricum stated that it was. Commissioner Graf commented that you can be open on July 4th if you are open on Sunday. Police Chief Steve Holmes commented that Cities that have Sunday sales have opted out of the State statute and passed their own ordinance. Chief Holmes added that ABC lost that court challenge. Commissioner Peltier asked if you could opt out of hours to sell. Mr. Van Blaricum stated that you cannot.
Ordinance 0911 was then presented to the Commission for their approval: AN ORDINANCE AMENDING SECTION 5.24.040 OF THE PRATT MUNICIPAL CODE REGARDING HOURS OF RETAIL SALE OF ANY ALCOHOLIC LIQUOR. A motion by Commissioner Peltier to accept Ordinance 0911. The motion was seconded by Commissioner Graf and carried unanimously.
CONSIDERATION AND APPROVAL OF ORDINANCE PROVIDING MODIFICATIONS TO THE “UNIFORM PUBLIC OFFENSE CODE FOR KANSAS CITIES”:
City Attorney Van Blaricum commented that this was an ordinance that would cover things that are omitted from the Uniform Code. Mr. Van Blaricum stated that the ordinance came about after several airplane accidents involving birds and it would comply with the federal aviation program. Chief Holmes stated that the police department could shoot the birds, but Mr. Reid Bell had requested that he and his employees be added so that they could shoot geese.
Ordinance 0912 was then presented to the Commission for their approval: AN ORDINANCE AMENDING SECTION 9.04.020 OF THE MUNICIPAL CODE OF THE CITY OF PRATT, KANSAS; PROVIDING MODIFICATIONS TO THE “UNIFORM PUBLIC OFFENSE CODE FOR KANSAS CITIES,” EDITION OF 2005. A motion by Commissioner Peltier to adopt Ordinance 0912. The motion was seconded by Commissioner Hlavachick and carried unanimously.
CONSIDERATION AND APPROVAL FOR A BUDGETED VEHICLE PURCHASE FOR THE WATER DEPARTMENT:
Public Works Director Russell Rambat explained to the Commission that this vehicle request would be replacing the Dodge flat bed truck that had been bought in 1997. Mr. Rambat commented that this truck had been used with the large trailer and by other departments, but that in the last three years there had been another vehicle purchased that could handle the trailer. Mr. Rambat added that this truck probably could not pull the trailer anymore as it barely had the power of a V-4. Mr. Rambat stated that this vehicle was being used by the well checker in the water department and was pretty beat up.
Mr. Rambat informed the Commission that the budgeted vehicle was fitted with Option #2 that had the tommy lift tri-fold feature to carry chlorine bottles and was the cheaper of the two options. Mr. Rambat stated that he was recommending the bid from Lanterman Motors with option #2 in the amount of $23,495.
A motion by Commissioner Hlavachick to approve the vehicle from Lanterman Motors for the water department to replace the V-10 in the amount of $23,495 including the trade-in. The motion was seconded by Commissioner Peltier and carried unanimously.
**Commissioner Peltier asked for a 2 minute break.
REPORTS:
Chris Polk:
City Manager Howard commented that Dr. Chris Polk had purchased the lot west of O’Reilly’s and would be building fairly soon. Mr. Howard explained that Dr. Polk would be operating out of a temporary unit to get his business running and would be moving that unit out once the permanent building was complete. Mr. Howard stated that Dr. Polk was committed to this project and it was a good positive thing.
Capacity and generation:
Mr. Howard commented that the power plant men had done a good job firing up the unit that had not operated since 2006 and that things went well. Mr. Ernie Smith, Power Plant Superintendent, commented that there would be budgeted items that would need to be replaced, but that the original cooling tower had been set up to serve two units and they had got one to produce eleven mgs. Mr. Smith added that that had paid for the generation and the price of duel fuels. Mr. Howard commented that this would not be reflected on the citizen’s bills, because the City would eat that cost.
Mr. Howard explained that you have to meet capacity as a partial City and be able to meet it at 112%. Commissioner Nystrom questioned if atmospheric conditions are a concern. Mr. Smith stated that winter was better, but this turned out a lot better than anticipated. Commissioner Nystrom asked what that meant. Mr. Smith stated that it meant that we had the ability to meet the 112%, but that did not mean that they did not need to replace the cooling tower that had been built in 1961.
Mr. Howard commented that they were getting the specs together to go out to bid to replace the cooling tower that had been torn down. Mr. Howard added that with a new cooling tower they would review the issue of a partial requirement City and how much the City saves. Mr. Howard stated that to keep the steam plant operating saves a lot of money and that if we had not been able to get #14 up, we would have had to find the capacity.
Mr. Howard commented that if the cooling tower is approved, the next issue is to look at #5 and bring it up to standard. Mr. Smith explained that #5 was built in 1952 and had safety issues. Mr. Howard commented that there was money involved in excess capacity that can be sold. Commissioner Peltier asked if the other cooling tower was short on time. Mr. Smith stated that it could be.
Pratt Well property:
City Attorney Van Blaricum commented that the property purchased from Pratt Well was ours as of Friday, but they had to get the technical details done before that was possible. Mr. Howard commented that he would be requesting that property be annexed into the City and that was a simple procedure.
**Mr. Van Blaricum left the meeting after giving his report.
Public Works projects:
Public Works Director Rambat commented that the pedestrian crossing on South Pine should be done by the end of the week.
Mr. Rambat commented that the slurry seal project should start the first of September and that had been approved by the Commission a month or so ago.
Mr. Rambat commented that the street department was getting caught up with the curb and gutter guys.
New fire station:
City Inspector Blankenship commented that the new fire station was rolling along. Commissioner Peltier commented that it was looking nice. Commissioner Nystrom questioned if they had a time frame. Mr. Blankenship commented that one of the guys would be getting married on the 28th and they wanted to be done by then so that Mansel Construction could come in.
Duel fuel engines:
Power Plant Superintendent Smith commented that they were still working on putting together the duel fuel engines and that the holdup were the parts. Mr. Smith stated that there were three heads on it now and he was not sure how much longer it was going to be.
School Signs:
Police Chief Holmes informed the Commission that they would be doing a test run on the school signs so that they are set for the right time for the first day of school Wednesday.
Labor Day:
City Clerk Kramer informed the Commission that the next meeting day would be Tuesday, September 8th since the 7th was Labor Day.
New employee:
Ms. Kramer commented that her new employee had started today. Ms. Kramer stated that Ms. Angela Branscom would be working with Ms. Haworth for a couple of weeks to learn her new job.
Thanks to Tribune:
Mayor Taylor thanked Mr. Conrad Easterday for getting the agenda in the paper and stated that he had heard positive comments about it.
Access to Cox channel:
Mayor Taylor questioned if the City had access to any Cox channel. Mr. Howard commented that by the franchise agreement he thought we could. Mayor Taylor asked if we were interested in that. Mr. Howard explained that there would be a cost to it and the City would have to pay for all the costs to have it set up and that could be substantial. Mr. Howard added that a lot of Cities do that. Mayor Taylor commented that it would be a good public service.
Move on Maple Street:
Commissioner Nystrom commented that he would like to move on the Maple Street extension project and that the time was right.
Motion & Discussion on Maple Street:
A motion by Commissioner Peltier to do the Maple Street extension project. Mr. Howard commented that the funds were there, but not in the 2010 budget. Mayor Taylor commented that his concern was that we had been saying that it would not be done until the budget year 2010. The motion was seconded by Commissioner Nystrom. Commissioner Nystrom stated that we just need to do it and that there was overwhelming support for doing it.
Mayor Taylor questioned the time for the engineering and cost. Mr. Howard commented that at a prior meeting he had stated that Mr. Alan Luttrell would do the plat of the road and that would cost about $8,000 to $10,000 and would take some time. Commissioner Nystrom stated that the dirt contractors are eager to get started and this would be a stimulus project for Pratt. Commissioner Nystrom added that the citizens were not in support of a dirt road. Commissioner Hlavachick commented that we needed to build it right.
Commissioner Peltier added to his motion that this would be for a complete job. Commissioner Nystrom commented that development would come naturally. Mayor Taylor questioned if this would include complete curb and gutter. Mr. Howard stated that he would talk to Mr. Luttrell and report back, but he thought it would be three to four months.
Commissioner Hlavachick asked if we would have to amend the 2010 budget. Ms. Garten stated that it depends on other projects and if some go over into 2011, but we could be alright.
A vote of the motion and second passed with three approved votes from Commissioners Peltier, Hlavachick and Nystrom and two opposed votes from Mayor Taylor and Commissioner Graf.
ADJOURN:
A motion by Commissioner Hlavachick to adjourn. The motion was seconded by Commissioner Graf and carried unanimously.
_____________________________________
JEFF TAYLOR, Mayor
(SEAL)
ATTEST:
_______________________________
LUANN KRAMER, City Clerk
**Correction page 6 – A break was taken before beginning the agenda items.
**Correction page 7 - Mr. Van Blaricum left the meeting after giving his report.
08/17/09 Approved City/County Joint Commission Minutes
MONDAY
AUGUST 17, 2009
The Governing Body of the City of Pratt met in a Regular session with the County Commission in the Commission Room located in City Hall.
PRESENT: Jeff Taylor Mayor
Bill Hlavachick Commissioner
Eric Nystrom Commissioner
Willy Peltier Commissioner
Victor Graf Commissioner
ALSO PRESENT: LuAnn Kramer City Clerk
Ken Van Blaricum City Attorney
Charles Rinke County Commissioner
Joe Reynolds County Commissioner
Dwight Adams County Commissioner
Sherry Kruse County Clerk
Gordon Stull County Counselor
D.J. McMurry County Appraiser
CALL TO ORDER:
Vice-Mayor Eric Nystrom called the regular meeting to order. Vice-Mayor Nystrom instructed the Clerk to note that all Commissioners were present and that Mayor Taylor would be a few minutes late and the City Manager would be absent.
BUSINESS:
DISCUSSION CONCERNING PROPERTY VALUATIONS:
(Mayor Taylor arrived at 11:05 a.m.)
Mayor Taylor stated that the City’s concern was that our valuations had gone up again. Mayor Taylor commented that he assumed it was due to oil and gas going up and the property valuations since Greensburg. Mayor Taylor added that there were a lot of Counties in the State where valuations had gone down. Mr. D.J. McMurry, Pratt County Appraiser, questioned if Mayor Taylor was asking about the valuations for residential or county. Mayor Taylor stated that he would like both. Mr. McMurry commented that residential and commercial in the City did not deal with oil and gas. Mayor Taylor commented that he knew those would not affect us, but questioned the oil and gas being down. Mr. McMurry stated that oil and gas were actually up a little.
Mr. McMurry commented that with residential it is based on what sold and there was not a downward trend and that there was an effect from Greensburg. Mr. McMurry added that some of the homes sold after the Greensburg tornado for an outlandish amount have resold for an even higher price. Mr. McMurry stated that gas and oil went up and the utilities were at $6,000,000. Mr. McMurry explained that the utilities include railroads, telecommunications, and Ninnescah Electric. Mr. McMurry explained that total valuation on oil and gas are determined by production. Mr. Gordon Stull commented that when the County does their appraisal it is figured on production, but the State figures it on the price for oil per barrel and gas is by market value. Mayor Taylor commented that it was figured on the overall value. Mr. McMurry stated that was correct and there was more production, but the owner had a five barrel exemption and some are not exempt unless they shut down. Commissioner Hlavachick asked if that was five barrels a year or a day. Mr. McMurry stated that it was per day and that if the market was at $100, the State would set it at $70, so they were getting closer.
Commissioner Nystrom asked where the utilities come into play. Mr. McMurry stated that those were State assessed and those figures were self-reported in the spring and that the utilities could be anything that comes across the County line. Commissioner Nystrom questioned if they pay taxes on right-of-ways. Mr. McMurry commented that he was not sure, but on State accessed properties that cross County lines they allow each County a percentage of their total value. Mr. McMurry explained that a County might get five percent of the total State amount depending on how many Counties it affects.
Commissioner Nystrom questioned the assessed value of vehicles. Mr. McMurry answered that vehicles are anything that is going into a taxing unit and that a vehicle has to be registered in the taxing entity and it continues to break down from there. City Attorney Van Blaricum commented that that is why retired people winter in Texas and then they can tag their vehicles out of the County or the State.
Commissioner Adams commented that real estate had another set of State guidelines. Mr. McMurry commented that there was a ten percent tolerance and we were sitting at 96%. Counselor Stull commented that if they go lower they get a contempt of court letter from the State and that you have to maintain the tolerance value. Mr. Stull added that if you do not maintain that value, you can be removed from office. Mr. McMurry commented that he had called the State concerning the sales after the Greensburg tornado and he could not talk them out of anything. Commissioner Nystrom questioned what happens if a house was valued at $50,000, but sold for $70,000. Mr. McMurry stated that they do not take the sale price. Mr. Stull added that it is based on fair market value. Commissioner Nystrom commented that Pratt is in their own little bubble right now. Mr. McMurry commented that the market was good. Commissioner Nystrom commented that even though we are in a recession, Pratt seems to be moving along pretty good. Mayor Taylor commented that if you look at the Hutchinson paper you see where businesses had to cut jobs resulting from the recession, but he hopes that we would be blessed and not have to see that affect. Mayor Taylor added that there had been a home on First Street for sale for two years. Mr. McMurry stated that it was hard to move and that people were looking at heating bills.
Commissioner Nystrom commented that when you see $36,000,000 for the City on the valuations, that figure does not include the tax exempt properties such as churches, Court House and Government buildings. Mr. McMurry stated that the exempt properties are in a set by themselves and FEMA does request those numbers. Commissioner Reynolds commented that the numbers may look high, but during a disaster you want them to be.
Mayor Taylor questioned if there was a way to know how much of the valuation was due to new construction. County Clerk Kruse stated that those figures were on the valuation that is sent to the City. Mr. McMurry commented that new construction was under the revitalization program and would be 100% exempt, but there were also those that would be coming off of the program. City Attorney Van Blaricum questioned if there was an independent list of properties on the revitalization program. Mr. McMurry stated that there were a little over 600 on the program now. Mayor Taylor commented that it would be nice to let people know what additional revenue was coming off the program.
Mr. McMurry commented that agriculture land was set by the State and it involved the soil, income and equipment. Mayor Taylor asked about commercial property. Mr. McMurry stated that commercial property works off of square footage and then you put the income into it. Mayor Taylor commented that there were a lot of second floors uptown that are not being used. Mr. McMurry commented that the average is down on what people rent square footage for. Mayor Taylor commented that he kept his rent low to keep them rented.
Commissioner Hlavachick commented that he would not want the County Appraiser’s job for any amount of money. Commissioner Hlavachick asked why Pratt was number one in County evaluations and added that that was what people were looking at. Mr. McMurry stated that it comes down to expenditures. Mr. Stull added that we have the community college and two school districts. Mr. McMurry stated that you need to look at other communities with community colleges. Commissioner Hlavachick commented that he was all for the college and that it was a great asset to the community.
Mayor Taylor asked where the Ethanol Plant was on their taxes. Mr. McMurry stated that they were current, but the valuation was down to $21,000,000. Mayor Taylor questioned what happens to that if someone buys it. Mr. McMurry commented that it would start going up. Mayor Taylor commented that the Ethanol Plant was not producing, but is generating tax monies. Mr. McMurry agreed. Commissioner Hlavachick asked if there was anyone sitting in the wings to purchase the plant. Mr. Stull stated that they were working on it, but the litigations need to get wrapped up. Mayor Taylor commented that he still sees it as a plus.
GENERAL DISCUSSION ON CITY/COUNTY ISSUES:
H2O Program:
Commissioner Adams commented that he would like to talk about the Sunflower H2O program. Commissioner Hlavachick asked if the City had not backed out of that. Commissioner Nystrom commented that we did not agree to fund it. Mayor Taylor commented that there are new things going on there and that they are now pushing a recreational usage type thing. Mayor Taylor added that they were desperate for money. Commissioner Nystrom commented that it was not right to use our taxpayer’s money to fund another County. Mayor Taylor commented that it would be different if we could take the money out of another source such as tourism and not access an additional fee to each meter.
Mayor Taylor suggested that he might get with Mr. Mark Watts and see if he could meet with Commissioner Adams, City Manager Howard and himself and see what additional information comes out of it. Commissioner Nystrom asked if they had asked for funding from the County. Commissioner Adams commented that the County does not have meters, but they tried to get what they could. Commissioner Nystrom asked if they had given any money to them. Commissioner Adams stated that they had donated $2,000.
Commissioner Peltier commented that we were never told we would get anything out of it. Commissioner Adams commented that they should fire their engineers and put in reservoirs. Mayor Taylor commented that the Corp of Engineers had put in $100,000 and they have to have matching funds from different entities. Mayor Taylor added that Mullinville, Isabel, Cunningham and Alva had agreed to be a part of this phase. Commissioner Adams commented that there were two small communities that needed the water, but do not want to step up to the plate. Commissioner Graf commented that they want more every time and it was a no win situation. Mayor Taylor commented that they can only go to the well so many times. Commissioner Peltier commented that we have water.
Commissioner Hlavachick asked if they had sites yet. Commissioner Adams commented that they had a site the first time and that went away. Commissioner Adams added that when the engineers came in, that went away and a pipeline was discussed. Commissioner Adams commented that he was not interested in a pipeline to get water to Oklahoma and now they were talking about recreation.
Mayor Taylor questioned if he had the Commission’s approval to meet with Mr. Watts and Mr. Howard. Mayor Taylor added that there would be no decisions made on money, but that he would bring it back to the Commission as an agenda item. Commissioner Peltier commented that he had no problem with listening.
Next meeting date:
The Commissioners agreed to January 18, 2010 for the next joint meeting.
ADJOURN:
A motion by Commissioner Peltier to adjourn. The motion was seconded by Commissioner Graf and carried unanimously.
_______________________________
JEFF TAYLOR, Mayor
(SEAL)
ATTEST:
_____________________________
LUANN KRAMER, City Clerk
AUGUST 17, 2009
The Governing Body of the City of Pratt met in a Regular session with the County Commission in the Commission Room located in City Hall.
PRESENT: Jeff Taylor Mayor
Bill Hlavachick Commissioner
Eric Nystrom Commissioner
Willy Peltier Commissioner
Victor Graf Commissioner
ALSO PRESENT: LuAnn Kramer City Clerk
Ken Van Blaricum City Attorney
Charles Rinke County Commissioner
Joe Reynolds County Commissioner
Dwight Adams County Commissioner
Sherry Kruse County Clerk
Gordon Stull County Counselor
D.J. McMurry County Appraiser
CALL TO ORDER:
Vice-Mayor Eric Nystrom called the regular meeting to order. Vice-Mayor Nystrom instructed the Clerk to note that all Commissioners were present and that Mayor Taylor would be a few minutes late and the City Manager would be absent.
BUSINESS:
DISCUSSION CONCERNING PROPERTY VALUATIONS:
(Mayor Taylor arrived at 11:05 a.m.)
Mayor Taylor stated that the City’s concern was that our valuations had gone up again. Mayor Taylor commented that he assumed it was due to oil and gas going up and the property valuations since Greensburg. Mayor Taylor added that there were a lot of Counties in the State where valuations had gone down. Mr. D.J. McMurry, Pratt County Appraiser, questioned if Mayor Taylor was asking about the valuations for residential or county. Mayor Taylor stated that he would like both. Mr. McMurry commented that residential and commercial in the City did not deal with oil and gas. Mayor Taylor commented that he knew those would not affect us, but questioned the oil and gas being down. Mr. McMurry stated that oil and gas were actually up a little.
Mr. McMurry commented that with residential it is based on what sold and there was not a downward trend and that there was an effect from Greensburg. Mr. McMurry added that some of the homes sold after the Greensburg tornado for an outlandish amount have resold for an even higher price. Mr. McMurry stated that gas and oil went up and the utilities were at $6,000,000. Mr. McMurry explained that the utilities include railroads, telecommunications, and Ninnescah Electric. Mr. McMurry explained that total valuation on oil and gas are determined by production. Mr. Gordon Stull commented that when the County does their appraisal it is figured on production, but the State figures it on the price for oil per barrel and gas is by market value. Mayor Taylor commented that it was figured on the overall value. Mr. McMurry stated that was correct and there was more production, but the owner had a five barrel exemption and some are not exempt unless they shut down. Commissioner Hlavachick asked if that was five barrels a year or a day. Mr. McMurry stated that it was per day and that if the market was at $100, the State would set it at $70, so they were getting closer.
Commissioner Nystrom asked where the utilities come into play. Mr. McMurry stated that those were State assessed and those figures were self-reported in the spring and that the utilities could be anything that comes across the County line. Commissioner Nystrom questioned if they pay taxes on right-of-ways. Mr. McMurry commented that he was not sure, but on State accessed properties that cross County lines they allow each County a percentage of their total value. Mr. McMurry explained that a County might get five percent of the total State amount depending on how many Counties it affects.
Commissioner Nystrom questioned the assessed value of vehicles. Mr. McMurry answered that vehicles are anything that is going into a taxing unit and that a vehicle has to be registered in the taxing entity and it continues to break down from there. City Attorney Van Blaricum commented that that is why retired people winter in Texas and then they can tag their vehicles out of the County or the State.
Commissioner Adams commented that real estate had another set of State guidelines. Mr. McMurry commented that there was a ten percent tolerance and we were sitting at 96%. Counselor Stull commented that if they go lower they get a contempt of court letter from the State and that you have to maintain the tolerance value. Mr. Stull added that if you do not maintain that value, you can be removed from office. Mr. McMurry commented that he had called the State concerning the sales after the Greensburg tornado and he could not talk them out of anything. Commissioner Nystrom questioned what happens if a house was valued at $50,000, but sold for $70,000. Mr. McMurry stated that they do not take the sale price. Mr. Stull added that it is based on fair market value. Commissioner Nystrom commented that Pratt is in their own little bubble right now. Mr. McMurry commented that the market was good. Commissioner Nystrom commented that even though we are in a recession, Pratt seems to be moving along pretty good. Mayor Taylor commented that if you look at the Hutchinson paper you see where businesses had to cut jobs resulting from the recession, but he hopes that we would be blessed and not have to see that affect. Mayor Taylor added that there had been a home on First Street for sale for two years. Mr. McMurry stated that it was hard to move and that people were looking at heating bills.
Commissioner Nystrom commented that when you see $36,000,000 for the City on the valuations, that figure does not include the tax exempt properties such as churches, Court House and Government buildings. Mr. McMurry stated that the exempt properties are in a set by themselves and FEMA does request those numbers. Commissioner Reynolds commented that the numbers may look high, but during a disaster you want them to be.
Mayor Taylor questioned if there was a way to know how much of the valuation was due to new construction. County Clerk Kruse stated that those figures were on the valuation that is sent to the City. Mr. McMurry commented that new construction was under the revitalization program and would be 100% exempt, but there were also those that would be coming off of the program. City Attorney Van Blaricum questioned if there was an independent list of properties on the revitalization program. Mr. McMurry stated that there were a little over 600 on the program now. Mayor Taylor commented that it would be nice to let people know what additional revenue was coming off the program.
Mr. McMurry commented that agriculture land was set by the State and it involved the soil, income and equipment. Mayor Taylor asked about commercial property. Mr. McMurry stated that commercial property works off of square footage and then you put the income into it. Mayor Taylor commented that there were a lot of second floors uptown that are not being used. Mr. McMurry commented that the average is down on what people rent square footage for. Mayor Taylor commented that he kept his rent low to keep them rented.
Commissioner Hlavachick commented that he would not want the County Appraiser’s job for any amount of money. Commissioner Hlavachick asked why Pratt was number one in County evaluations and added that that was what people were looking at. Mr. McMurry stated that it comes down to expenditures. Mr. Stull added that we have the community college and two school districts. Mr. McMurry stated that you need to look at other communities with community colleges. Commissioner Hlavachick commented that he was all for the college and that it was a great asset to the community.
Mayor Taylor asked where the Ethanol Plant was on their taxes. Mr. McMurry stated that they were current, but the valuation was down to $21,000,000. Mayor Taylor questioned what happens to that if someone buys it. Mr. McMurry commented that it would start going up. Mayor Taylor commented that the Ethanol Plant was not producing, but is generating tax monies. Mr. McMurry agreed. Commissioner Hlavachick asked if there was anyone sitting in the wings to purchase the plant. Mr. Stull stated that they were working on it, but the litigations need to get wrapped up. Mayor Taylor commented that he still sees it as a plus.
GENERAL DISCUSSION ON CITY/COUNTY ISSUES:
H2O Program:
Commissioner Adams commented that he would like to talk about the Sunflower H2O program. Commissioner Hlavachick asked if the City had not backed out of that. Commissioner Nystrom commented that we did not agree to fund it. Mayor Taylor commented that there are new things going on there and that they are now pushing a recreational usage type thing. Mayor Taylor added that they were desperate for money. Commissioner Nystrom commented that it was not right to use our taxpayer’s money to fund another County. Mayor Taylor commented that it would be different if we could take the money out of another source such as tourism and not access an additional fee to each meter.
Mayor Taylor suggested that he might get with Mr. Mark Watts and see if he could meet with Commissioner Adams, City Manager Howard and himself and see what additional information comes out of it. Commissioner Nystrom asked if they had asked for funding from the County. Commissioner Adams commented that the County does not have meters, but they tried to get what they could. Commissioner Nystrom asked if they had given any money to them. Commissioner Adams stated that they had donated $2,000.
Commissioner Peltier commented that we were never told we would get anything out of it. Commissioner Adams commented that they should fire their engineers and put in reservoirs. Mayor Taylor commented that the Corp of Engineers had put in $100,000 and they have to have matching funds from different entities. Mayor Taylor added that Mullinville, Isabel, Cunningham and Alva had agreed to be a part of this phase. Commissioner Adams commented that there were two small communities that needed the water, but do not want to step up to the plate. Commissioner Graf commented that they want more every time and it was a no win situation. Mayor Taylor commented that they can only go to the well so many times. Commissioner Peltier commented that we have water.
Commissioner Hlavachick asked if they had sites yet. Commissioner Adams commented that they had a site the first time and that went away. Commissioner Adams added that when the engineers came in, that went away and a pipeline was discussed. Commissioner Adams commented that he was not interested in a pipeline to get water to Oklahoma and now they were talking about recreation.
Mayor Taylor questioned if he had the Commission’s approval to meet with Mr. Watts and Mr. Howard. Mayor Taylor added that there would be no decisions made on money, but that he would bring it back to the Commission as an agenda item. Commissioner Peltier commented that he had no problem with listening.
Next meeting date:
The Commissioners agreed to January 18, 2010 for the next joint meeting.
ADJOURN:
A motion by Commissioner Peltier to adjourn. The motion was seconded by Commissioner Graf and carried unanimously.
_______________________________
JEFF TAYLOR, Mayor
(SEAL)
ATTEST:
_____________________________
LUANN KRAMER, City Clerk
Friday, September 4, 2009
09/08/09 City Commission Meeting Agenda
TUESDAY
SEPTEMBER 08, 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-August 17, 2009 Regular City/County Joint Commission meeting
August 17, 2009 Regular Commission Meeting
4. OPEN AGENDA
5. BUSINESS:
5.1 Consideration and Approval of Resolution Providing for Abatement Hearing of Motor Vehicle Nuisance and Property Nuisance on the 500 Block of North Oak Street – Ken Van Blaricum, City Attorney (Resolution 090809)
5.2 Consideration and Approval of Resolution Approving Amendment to Interlocal Agreement and Neighborhood Revitalization Plan – Dave Howard, City Manager
(Resolution 090809A)
5.3 Consideration and Approval of Delegates at the LKM Annual Conference in Topeka – Mayor and Commission
5.4 Consideration and Approval of Use of Centennial Park for Local Band Concert on October 3rd – Mayor and Commission
5.5 Consideration and Approval of Ordinance Providing for the Regulation of the ‘Uniform Public Offense Code for Kansas Cities’ Edition 2009– Ken Van Blaricum, City Attorney (ORDINANCE 0913)
5.6 Consideration and Approval of Ordinance Providing for the Regulation of the ‘Standard Traffic Ordinance for Kansas Cities’, Edition 2009 – Ken Van Blaricum, City Attorney (ORDINANCE 0914)
5.7 Consideration and Approval of Ordinance Providing for the Adoption of the 2006 Edition of the International Building Code – Ken Van Blaricum, City Attorney
(ORDINANCE 0915)
5.8 Reading of Proclamation Declaring September 2009 as ‘Alcohol & Drug Addiction Recovery Month’ – Mayor Taylor
6. REPORTS
6.1 City Manager
6.2 City Attorney
6.3 Department Heads
6.4 Mayor
6.5 City Commission
7. ADJOURN
SEPTEMBER 08, 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-August 17, 2009 Regular City/County Joint Commission meeting
August 17, 2009 Regular Commission Meeting
4. OPEN AGENDA
5. BUSINESS:
5.1 Consideration and Approval of Resolution Providing for Abatement Hearing of Motor Vehicle Nuisance and Property Nuisance on the 500 Block of North Oak Street – Ken Van Blaricum, City Attorney (Resolution 090809)
5.2 Consideration and Approval of Resolution Approving Amendment to Interlocal Agreement and Neighborhood Revitalization Plan – Dave Howard, City Manager
(Resolution 090809A)
5.3 Consideration and Approval of Delegates at the LKM Annual Conference in Topeka – Mayor and Commission
5.4 Consideration and Approval of Use of Centennial Park for Local Band Concert on October 3rd – Mayor and Commission
5.5 Consideration and Approval of Ordinance Providing for the Regulation of the ‘Uniform Public Offense Code for Kansas Cities’ Edition 2009– Ken Van Blaricum, City Attorney (ORDINANCE 0913)
5.6 Consideration and Approval of Ordinance Providing for the Regulation of the ‘Standard Traffic Ordinance for Kansas Cities’, Edition 2009 – Ken Van Blaricum, City Attorney (ORDINANCE 0914)
5.7 Consideration and Approval of Ordinance Providing for the Adoption of the 2006 Edition of the International Building Code – Ken Van Blaricum, City Attorney
(ORDINANCE 0915)
5.8 Reading of Proclamation Declaring September 2009 as ‘Alcohol & Drug Addiction Recovery Month’ – Mayor Taylor
6. REPORTS
6.1 City Manager
6.2 City Attorney
6.3 Department Heads
6.4 Mayor
6.5 City Commission
7. ADJOURN
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