Tuesday, March 16, 2010

03/01/2010 Approved City Commission minutes

MONDAY

MARCH 01, 2010

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
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
Russell Rambat Public Works Director
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.

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 February 15, 2010 regular meeting. The motion was seconded by Commissioner Nystrom. Commissioner Graf commented that in the second paragraph on page 10, the last sentence had Mayor Taylor commenting that he was glad that Ms. Detwiler did not have a position on ‘this issue’ and he requested that be checked out. City Clerk LuAnn Kramer stated that she had already listened to the tape and Mayor Taylor said ‘it’ and not ‘this issue’. The change was noted by the Clerk. With no further discussion, the motion passed unanimously.

OPEN AGENDA:

Right to vote:

Ms. Kerri Boldt stated that she had been to a few of the City Commission meetings and she listened to two of the Commissioners vote against the sale of the land to the Southern Baptist Church because they had talked to thirty people who were against it. Ms. Boldt commented that the Commission had heard from over six hundred registered voters on the petitions and people had spoken. Ms. Boldt added that the Commissioners were voted into this job to work for the people of Pratt, so if there was not a personal gain from this road, they should let the people vote for or against it.

Ms. Boldt continued stating that the Commission received a petition on term limits at the last meeting with more than five hundred registered voter’s signatures. Ms. Boldt stated that the Commission could have done the right thing and allowed what the people feel so strongly about, but they had not.

Ms. Boldt commented that she had attended the hospital meeting on Saturday morning and had run into Mayor Taylor and she had told him of her disgust of the lawsuit against Ms. Karen Detwiler and the high taxes in our community. Ms. Boldt stated that she had told Mayor Taylor that the reason we do not get any industry in Pratt was due to high taxes. Ms. Bolt commented that Mayor Taylor told her that the high taxes are because we have a college and she asked if that was the best answer she was going to get.

Ms. Boldt continued stating that she commented on her disgust of using taxpayer’s money to sue more than six hundred voters that signed the petition. Ms. Boldt commented that many of these people are for the road as well as against, but they feel that the people should get to vote. Ms. Boldt stated that Mayor Taylor stated that the City was not suing the people, but just Ms. Detwiler. Mayor Taylor interrupted Ms. Boldt and clarified that he said we were suing the legality of the petition. Ms. Boldt commented that she had carried the petition, so they were suing her as well.

Ms. Boldt asked that she be given the date and time that the Commissioners decided that it was a good idea to sue. Ms. Boldt asked if the Commission was that scared to let the people of Pratt decide what is best for the community. Ms. Boldt stated, for the record, she was not speaking for Ms. Detwiler or Ms. Gayle Thompson as Mayor Taylor had suggested and that she was speaking for herself.

Mr. Rick Wittig addressed the Commission as a Legionnaire, Legion Rider, and a twenty year veteran. Mr. Wittig stated that all veterans have fought for freedom of this country and that stands for the freedom to vote. Mr. Wittig stated that he feels, as do many others, that we should be able to vote. Mr. Wittig commented that some are for the road and some are not, but he feels that there should have been a vote. Mr. Wittig stated that the road had been brought up many times and the Commission still ran it through and he did not like the way it was run through right before the Commission vote. Mr. Wittig added that he thought that was pretty handy. Mr. Wittig stated that he speaks for the veterans of this county who fought for the right to vote.

Mr. Charles Phillippe stated that he was a member of the Patriot Guard and they had the opportunity to lay some of these boys to rest. Mr. Phillippe stated that they are dying every day in Afghanistan and Iraq and they are dying for that right to vote. Mr. Phillippe added that voting was one of our most fundamental and most precious things in this country and it should not be messed with regardless of legalities. Mr. Phillippe questioned why you would want to.

Dr. Dave Johnston stated that he hoped that the American Legion would stay open and that he had been going there for forty-one years. Dr. Johnston added that they are a fine organization and they do a lot of good things. Dr. Johnston commented that the issue of the health thing does not even need to mentioned, because there was no level of safe second hand smoke. Mayor Taylor commented that this would be discussed in 5.1 on the agenda. Dr. Johnston said he would come back up then.

BUSINESS:

DISCUSSION WITH THE AMERICAN LEGION POST 86 CONCERNING SMOKING POLICY:

Mr. Larry Melson commented that the smoking law had been passed by the State with the exception of State owned casinos and private clubs. Mr. Melson stated that the American Legion was a private club and they have smoke heaters up and could put up more. Mayor Taylor asked if the State ordinance had been signed yet. City Attorney Ken Van Blaricum commented that it had not been signed, but it goes into effect July 1st. Mr. Van Blaricum stated that the new law reads that smoking is prohibited in all public places except outdoor places, patios around restaurants or clubs and private clubs, Class A and B, as of January 1, 2009, so if the American Legion was a Class A or B club, then they were under this new law that starts July 1st. Commissioner Nystrom asked if this law would supersede ours. Mr. Van Blaricum commented that it would and that the City’s ordinance reads that smoking was allowed in licensed premises from 10:30 p.m. to 5:00 a.m. in a designated smoking area. Mr. Melson clarified that it states in public places such as bars and restaurants. Mr. Van Blaricum commented that right now it states restaurant or licensed premises, but that would be superseded by the State law July 1st.

Mayor Taylor questioned if the City had given the American Legion the wrong information at an earlier meeting. Mr. Van Blaricum stated that he did not think so and he repeated that smoking was allowed from 10:30 p.m. to 5:00 a.m. in designated smoking areas. Mayor Taylor clarified that it was just in those time slots. Mr. Van Blaricum stated that was correct. Mr. Melson commented that they are seldom open after 10:00 p.m.

Mr. Rick Wittig commented that at the last meeting they were told they could have a designated non-smoking area that was separate from the lower level. Mayor Taylor commented that pertains to the hours between 10:30 p.m. and 5:00 a.m. even though there is a non-smoking area. Mr. Van Blaricum stated that you can smoke between 10:30 p.m. and 5:00 a.m. Mr. Wittig commented that most of their customers smoke and if they have to quit smoking, they would not come in. Mr. Melson stated that they are barely making it now and if this law passes that you cannot smoke between those hours, they would not be open long. Mr. Melson added that they had already lost the VFW building.

Mr. Wittig mentioned that the City of Wichita allows places to pay the City a fee to keep smoking. Mayor Taylor commented that their ordinance was different than ours and the clause to purchase the right to smoke was not in ours. Mr. Van Blaricum commented that there should be a level playing field as of July 1st . Mr. Wittig asked if they have to abide by the rule until then. Mayor Taylor stated that they did.

Mayor Taylor commented that the legislature did not address this issue the last time so the Commission addressed it as a City. Mayor Taylor added that the Commission felt that they passed this ordinance thinking that the State was not going to take any action, but now they have done it Statewide.

Dr. Dave Johnston again addressed the Commission and commented that he knows something of smokers in his line of work. Dr. Johnston stated that healthy lungs are pink on a non-smoker and grey on a smoker. Dr. Johnston commented that he was here for health reasons only and he hopes that the Legion goes on and he had nothing against the folks at the Legion

Dr. Johnston commented that last fall the American Legion had come to the Commission and requested that the non-smokers go upstairs, but he suggested that the smokers go upstairs since smoke goes up. Dr. Johnston stated that they do take in members other than veterans and that no one had been turned down and that ninety percent of the smokers were guest members. Dr. Johnston commented that they had turned in a petition to the Commission earlier and his daughter from Missouri had signed it and she has nothing to do with the American Legion.

Mayor Taylor thanked Dr. Johnston and the American Legion for coming to the meeting.

UPDATE ON CANNONBALL TRAIL CHAPTER AND REQUEST FOR FUNDS:

Ms. Donna Meier Pfeifer, Executive Director of the Cannonball Trail Chapter, informed the Commission that this Chapter covers six counties, which are Barber, Comanche, Edward, Kiowa, Pratt and Stafford and has existed since 1993 this coming June. Ms. Pfeifer explained that there had been two major catastrophic situations, the ice storm and the tornados, since she had addressed the Commission in 2006.

Ms. Pfeifer stated that she was proud of the Chapter during the Greensburg tornado and that they had survived the first twenty-four hours by themselves, which resulted in high recommendations from National. Ms. Pfeifer stated that in the last three years they had served seventy-seven Armed Forces emergency calls that involve forwarding a call to the commanding unit and follow up. Ms. Pfeifer commented that they had received a Certificate of Appreciation from the Chief of Staff with the U.S. Army Corps for their involvement with the deployment of the 161st and the three military deaths in this Chapter.

Ms. Pfeifer stated that they have received two grants with one being from the National American Red Cross that would be used to purchase a disaster response van. Ms. Pfeifer commented that this would be a serving unit equipped with inverters and customized to meet their needs.

Ms. Pfeifer stated that the Commission had received a COAD that had been sent to all City and County officials and voluntary organizations within the six counties. Ms. Pfeifer commented that, since Greensburg and the situations in Edwards and Stafford Counties, it became an eye opener that we all need to pull together. Ms. Pfeifer informed the Commission that the meeting would be on March 19th and a person from Wichita, that has formed many of these, would be there. Ms. Pfeifer added that this would be written into the County Emergency Response Plan.

Ms. Pfeifer stated that the American Red Cross was very important to economic development in our community, because of the health and safety training and disaster training. Ms. Pfeifer explained that they are classified as first responders and the only time they are second would be during a criminal or terrorist act.

Ms. Pfeifer informed the Commission that contributions had fallen since 2007. Ms. Pfeifer stated that the generosity on May 4, 2007 was overwhelming and that Greensburg had taken, up to this point, almost $2 million from the Red Cross. Ms. Pfeifer stated that since she had come on at the Red Cross in September 2001, last year was the first time that they did not make budget. Ms. Pfeifer commented that their fiscal year ends June 30, 2010 and they are already down $2,000, so they were asking for a donation of $2,000 from each community in this Chapter. Commissioner Nystrom questioned if the City was not doing a yearly contribution. Ms. Pfeifer commented that that had ended in 2005 or 2006. City Manager Dave Howard commented that they help out by bringing water to firemen during fires and are at other emergencies also. A motion by Commissioner Graf to donate $2,000. The motion was seconded by Commissioner Hlavachick. Mayor Taylor questioned if this would be for their 2010 budget year. Ms. Pfeifer answered that it would be nice to have it for this year. Commissioner Graf agreed to amend his motion. The motion passed unanimously.

CONSIDERATION AND APPROVAL OF BIDS FOR CEILING PANELS AT NEW FIRE STATION:

Fire Chief David Kramer informed the Commission that this was another phase of the renovation.

Chief Kramer backed up and commented that the Fire Department certainly appreciated the Red Cross and everything they do for them and giving shelter to fire victims. Chief Kramer stated that they have a good relationship with them.

Chief Kramer informed the Commission that Mr. Brad Blankenship, Building Inspector, had gone out for bids on the bay area ceiling. Chief Kramer explained that he had gone out to different fire stations to see what they had and they had found a product that they like called a modular panel. Chief Kramer added that the modular panels have some insulation and acoustic value to them and if a tile was damaged, you can take out that section and replace it. Mayor Taylor questioned if both bidders bid the same product. Chief Kramer stated that they had and he recommended the low bid from FATB Construction in the amount of $21,250.06. Commissioner Nystrom asked how much was left on the project for this year. Chief Kramer commented that the concrete was finished Friday and the plumbing had been roughed in and those were the only two projects that had come out of this year’s budget so far and now we would have the ceiling. Chief Kramer stated that Mr. Blankenship had a running total, but he did not have that information. City Manager Howard commented that it was about $40,000 to $45,000.

A motion by Commissioner Nystrom to approve the bid from FATB Construction in the amount of $21,250.06 for ceiling panels in the bay area of the fire station. The motion was seconded by Commissioner Hlavachick and carried unanimously.

INTRODUCTION OF NEWLY APPOINTED CAPTAINS AND LIEUTENANTS ON THE FIRE DEPARTMENT:

Chief Kramer informed the Commission that the fire department had not had any captains in place since the retirement of Mr. Scott Haworth and they felt it was time to do that. Chief Kramer stated that after the evaluation process about a year ago, it was decided that four gentlemen would be promoted.

Chief Kramer introduced Lieutenant Casey Pritchett and Lieutenant Dan Decker along with Captain Craig Shaw and Captain Todd Hoffman. Chief Kramer commented that he was proud of their activities with the department and that they had a combined total of thirty years with the department. Chief Kramer stated that it has been a passion of his to see young guys that have the desire to serve at this capacity and are appreciated by the community. Chief Kramer explained that Lt. Pritchett and Capt. Shaw had attended the fire science program at Hutchinson Community College and they, along with Lt. Decker, were state certified fire instructors. Chief Kramer stated that he appreciated everything that they do.

Mayor Taylor asked that the gentlemen come up so that the Commission could congratulate them on their promotions within the fire department. Mayor Taylor stated that we were proud of the firefighters and the policemen that go day in and day out not knowing what was going to happen. Mayor Taylor added that they have a really nice fire station and that he hears comments on the way it looks. Mayor Taylor added that the station was something that they deserve.

CONSIDERATION AND APPROVAL OF AN APPOINTMENT TO THE PLANNING COMMISSION (FINISH 3 YR. TERM OF PHIL FARMER):

City Manager Howard commented that there were two names mentioned for the appointment to the Planning Commission, but one name was outside of the three mile radius. Mr. Howard added that the other interested party may also be outside the three mile radius of the City and asked that this item be tabled until the next meeting so that he could do more research on his location.

CONSIDERATION AND APPROVAL OF POWER PURCHASE AGREEMENT (GRAND RIVER DAM AUTHORITY POWER SUPPLY) BETWEEN THE CITY AND KMEA:

City Manager Howard commented that, for five years, we had been trying to obtain some GRDA base power. Mr. Howard stated that there is a dam in Oklahoma that is hydro-electric and that would be the cheapest electricity we could have access to and get into the City. Mr. Howard explained that in working with KMEA, this was the power supply agreement that was contingent on the transmission path being available.

Mr. Howard stated that there are studies all the time to see what is open and whether there are any trips in the system prohibiting the City from getting the electricity. Mr. Howard explained that we had applied for six megawatts and if we are able to get it, the agreement would be through April 30, 2026. Mr. Howard commented that the electricity now was about 3.8 cents a kilowatt, but by the time we get it here with transmission and administrative fees, it would be about 4.2 cents. Mr. Howard stated that this was a good cent below the base load electricity that we are buying now.

Mayor Taylor asked if there were transmission lines all the way from here to there. Mr. Howard answered that they exist, but it depends on how congested they get in the peak times of the year as to whether we can get it or not. Mr. Howard explained that everybody puts in information and they study the numbers to see if there is a path to get the power from the dam to the City.

Mr. Howard stated that this was a firm contract and that means that we get the electricity barring any unforeseen circumstances. Mr. Howard commented that part of the contract was that they had the right to curtail us if sending us the electricity would cause them problems. Mr. Howard explained that if we are curtailed, we do not have to pay the transmission costs. Mr. Howard stated that the contract was through 2026 and we should get it in 2013 if the path was there and we would not know that until after the study was done.

Mr. Howard commented that we are obligated to take the electricity if they send it to us and we have to pay for it. Mr. Howard stated that our load goes as high as 22 to 23 mgs and an average of 15 to 16 mgs, with an average low around 8 mgs. Mr. Howard stated that part of what KMEA was doing was to develop two more EMP’s and the plan was to transmit paths and interchange the energy between EMP’s so that if we have too much, we can sell it to others at a profit. Mr. Howard added that this would take a few years to work through.

Mr. Howard stated that there were other charges that go along with this and, with a host of other expenses, it could add up to more than the electricity because we do not have access to the transmission. Mr. Howard commented that rates were subject to change and GRDA had done an increase of ½ cent this year, but they were still the cheapest electricity. Mr. Howard explained that we have to keep up our load quality agreement that we had approved at the last meeting and that would not be a problem.

Mr. Kenny Kreutzer, Energy Agent, pointed out that if we have any extra, we can sell to other municipalities, but we are restricted to whom we sell to. Mayor Taylor questioned if that would be to other members. Mr. Howard answered that it at least had to be another municipality and KMEA administers for the whole State of Kansas. Commissioner Hlavachick asked how much we had applied for. Mr. Howard stated that we had applied for six mgs.

Commissioner Hlavachick made a motion to approve the Power Purchase Agreement between the City of Pratt and KMEA for GRDA power. The motion was seconded by Commissioner Nystrom and carried unanimously.

CONSIDERATION AND APPROVAL OF RESOLUTION 030110 AUTHORIZING THE EXECUTION OF POWER PURCHASE AGREEMENT BETWEEN THE CITY AND KMEA:

Mr. Howard commented that this resolution authorizes the Power Purchase Agreement. The following Resolution 030110 was then presented to the Commission for their approval: A RESOLUTION OF THE CITY OF PRATT, KANSAS, AUTHORIZING THE EXECUTION OF A POWER PURCHASE AGREEMENT, BETWEEN THE CITY OF PRATT, KANSAS, AND THE KANSAS MUNICIPAL ENERGY AGENCY RELATING TO THE PURCHASE OF ELECTRICITY BY THE CITY FROM THE KANSAS MUNICIPAL ENERGY AGENCY (GRDA PROJECT) FOR SALE OR USE BY THE CITY; AND MAKING CERTAIN COVENANTS AND AGREEMENTS TO PROVIDE FOR THE PAYMENT AND SECURITY THEREOF AND AUTHORIZING CERTAIN OTHER DOCUMENTS AND ACTIONS IN CONNECTION THEREWITH. A motion by Commissioner Hlavachick to approve Resolution 030110 authorizing the City of Pratt to execute the Power Purchase Agreement between the City of Pratt and KMEA. The motion was seconded by Commissioner Nystrom and carried unanimously.

REPORTS:

City Manager:

• Trip to Washington:

City Manager Howard commented that he was able to go to a legislative rally last week in Washington as a KMEA representative. Mr. Howard stated that there was a lot of good information on the future of electricity and they were able to sit down and talk to Senators and Representatives about issues that are a concern, such as cap and trade. Mr. Howard commented that they were all opposed to that since it would raise rates across the board and they were under the belief that, at least for another year, there would be no regulations that were going to be passed. Mr. Howard stated that it was very worthwhile and they know about Pratt and have been here often.

Mayor Taylor asked what the people were saying that are in favor of cap and trade and if it was an environmental issue. Mr. Howard stated that it was in the news that a lot of the data used for global warming was falsified or just pieces used and that was a big issue with the Representatives. Mayor Taylor commented that due to the liberal media, we were not going to hear too much about falsified information on global warming, but at least the Legislatures were aware of the potential that it is, and could be, our hope of not having cap and trade. Mr. Howard commented that they all are aware that the information may not be correct and they want an evaluation done on all that information by an unbiased person, but for the very near future, there would be no legislation passed to raise utility rates. Mr. Howard added that raising utility rates does not help economic hardship.

City Attorney:

• Petition law suit:

City Attorney Ken Van Blaricum commented that he had mentioned at the last meeting that there were two new petitions filed with the County Election Officer by Ms. Karen Detwiler on February 10th on the extension of Maple Street and the annexation of property on the east side of Pratt. Mr. Van Blaricum stated that the County Election Officer did certify that there were enough signatures and was valid to go to a vote.

Mr. Van Blaricum stated that the County Counselor Gordon Stull had written a letter to Ms. Detwiler on October 21, 2009 advising her that the petitions were in inappropriate statutory form for three reasons. Mr. Van Blaricum commented that the reasons were that the form was not adequate or not drafted properly, the petitions were not formulated as a proposed ordinance or resolution and they had to do with administrative matters that may not, by State law, be subject to a vote by petition. Mr. Van Blaricum stated that nevertheless, they were circulated and signed. Mr. Van Blaricum stated that the Statute states that if a petition comes in with significant signatures, then those petitions should be placed on the ballot; however, the City had the option to challenge those petitions before they go on the ballot and that had to be done twenty days after they are filed.

Mr. Van Blaricum stated that since the petitions were filed on February 10th, the twenth day would be March 2nd and he was not in favor of running things down to the wire. Mr. Van Blaricum commented that he had had a conversation with City Manager Howard and with the immediate past history; they felt the Commission would want them to block the petitions. Mr. Van Blaricum stated that he had filed one lawsuit to cover both petitions against Ms. Detwiler last week. Mr. Van Blaricum explained that the law now requires District Court to set a hearing date and make a determination within twenty days after the filing date, so there should be a date for a hearing in the very near future.

Mr. Van Blaricum commented that, due to the seriousness of this question, the appropriate thing for the Commission to do would be to instruct him to either drop the lawsuit or to ratify and confirm to go ahead with the lawsuit. A motion by Commissioner Nystrom directing the City Attorney to proceed with the filing of the objection of the petitions on the Maple Street project. The motion was seconded by Commissioner Hlavachick and carried with three approved votes and one opposed vote by Commissioner Graf. Mr. Van Blaricum stated that he would proceed with the lawsuit on the two petitions.

Public Works:

• Pool maintenance:

Public Works Director Russell Rambat commented that they had been doing some pool maintenance getting it ready for spring.

• South Pine:

Mr. Rambat commented that they have some drainage pipe to finish on South Pine. Mr. Rambat explained that the ground froze up, so when it thaws out, they would get it straightened out to get the walk completed.

• Curb project:

Mr. Rambat stated that he was starting to work on the curb project and ADA ramps. Mr. Rambat informed the Commission that the bricks took a big hit this winter on North Main and the street department had been trying to straighten them up. Mr. Rambat commented that in many cases they are finding that the sub-grade was pulverized underneath and that was what makes them move around. Mr. Rambat added that Main Street was on tap and it would be nice to get that six blocks replaced.

Electric Departments:

• Distribution:

Director of Electric Utilities Kelly Hemphill informed the Commission that the tree trimming done by line distribution had resulted in less outage this year and overtime was low.

Mr. Hemphill stated that line distribution employee John Giggy had been replacing the traffic lights with LED lenses when they burn out. Mr. Hemphill commented that they consume less energy and also last about ten years.

• Power Plant:

Mr. Hemphill commented that the power plant employees had begun working on the diesel engine to get it ready for the running season.

Mr. Hemphill also reported that the cooling tower project was coming along and should be ready to have concrete poured in the middle of the month and then they would be able to bring in the towers next month.

Recreation Department:

• Bleacher Covers:

Recreation Director Bruce Pinkall updated the Commission on the completed bleacher covers at Green Sports Complex. Mr. Pinkall informed the Commission that they would also be seeing the high school begin practice at the Complex.

• Advisory Board meeting:

Mr. Pinkall commented that the Advisory Board had met for two hours and information from that meeting had been put in the Commission packets. Mr. Pinkall stated that they had put concepts together for the open area and to put a foot print in all the parks and there were no open areas in other places. Commissioner Nystrom asked if Sixth Street would be the most logical place. Mr. Pinkall commented that they had not discussed options there, but he thought that May Dennis Park option had the open space, but had issues with flooding. Commissioner Nystrom commented that he had lived near there for twenty-six years and it was under water a lot.

Mr. Pinkall commented that he did not think that there was a great option in our park system at this point. Mr. Pinkall stated that the Board did not discuss other options and they did not want to get into that until the college pursued what they were going to do. Mr. Pinkall added that any future questions would be directed through the Advisory Board and they would do the background work.

Mayor Taylor asked if there was one major reason they did not want them to use this area. Mr. Pinkall stated that he did not think there was one reason, but after Mr. Kurt McAfee made his presentation, there was discussion on whether we would think this was a good idea five years down the road. Mr. Pinkall added that Mr. Mark Eckhoff and Mr. Joe Kramer also had questions about permits since that location was so close to the Ninnescah River and the possibility of drainage issues. Commissioner Hlavachick agreed that the flood plain issue was relative to endangered species.

Mayor Taylor thanked the Board for tackling this issue. Mr. Pinkall commented that they appreciated the opportunity. Commissioner Nystrom commended Commissioner Hlavachick for the good recommendation to the Commission.

Finance Department:

• Sales Tax:

Finance Director Diana Garten commented that sales tax for 2010 was down $82,000 over last year at this time and the downturn of the economy was showing up.

Mayor:

• Vote:
Mayor Taylor encouraged everyone to get out and vote tomorrow.

Commissioner Nystrom:

• Hospital forum location:

Commissioner Nystrom commented that he had attended the hospital forum and they need to look at changing locations for future meetings. Commissioner Nystrom recommended the Commission give permission for the hospital to use the Community Center for free of charge, when available, until after the election for their forums. Commissioner Hlavachick seconded the motion. Mr. Pinkall commented that if the Community Center was not available, they could possible use the Municipal Building. Commissioner Nystrom amended his motion to include the Municipal Building. Commissioner Hlavachick seconded the amendment and the motion passed unanimously.

ADJOURN:

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


____________________________________
JEFF TAYLOR, Mayor


(SEAL)

ATTEST:

_____________________________________
LUANN KRAMER, City Clerk

Monday, March 15, 2010

3/15/10-City Commission Agenda

MONDAY

MARCH 15, 2010

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 – March 01, 2010 Regular Commission meeting

4. OPEN AGENDA

5. BUSINESS:

5.1 Consideration and Approval of Appointment to the Planning Commission to Finish 3 yr. Term of Dr. Phil Farmer – Dave Howard, City Manager

5.2 Consideration and Approval on Appointment of Director #2 on KMEA Board of Directors – Dave Howard, City Manager

5.3 Consideration and Approval of Assigning a Zoning Classification to Certain Airport Authority Property – Dave Howard, City Manager; Ken Van Blaricum, City Attorney

5.4 Main Street & Waterline Project Information and Promotion Update – Bruce Pinkall, Recreation Director; Dave Howard, City Manager (No information for packet)

6. REPORTS

6.1 City Manager
6.2 City Attorney
6.3 Department Heads
6.4 Mayor
6.5 City Commission

7. ADJOURN

Monday, March 1, 2010

02/15/10-Approved City Commission minutes

MONDAY

FEBRUARY 15, 2010

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
Steve Holmes Chief of Police
Russell Rambat Public Works Director
Brad Blankenship Building Inspector
Kelly Hemphill Dir. of Electric Utilities
Bruce Pinkall Recreation Director

CALL TO ORDER:

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 Peltier to approve the minutes of the February 01, 2010 regular meeting. The motion was seconded by Commissioner Hlavachick and carried unanimously.

OPEN AGENDA:

No one in the audience wished to address the Commission.

BUSINESS:

CONSIDERATION AND APPROVAL OF USE OF PROPERTY FOR PCC/CITY OF PRATT SOCCER FIELD:

Mayor Taylor noted that Mr. Kurt McAfee was not in attendance yet, so this item would be tabled until his arrival.

CONSIDERATION AND APPROVAL OF BID FOR STREET PORTION OF MAPLE STREET EXTENSION:

Mr. Don Hellar, EBH Engineering, commented that the Commission had a copy of the bid tabs in their packets. Mr. Hellar stated that the contractors could chose to bid either asphalt paving or concrete for the street portion of the Maple Street project. Mr. Hellar explained that the low bid for asphalt paving was APAC out of Hutchinson, Kansas,. in the amount of $749,107.50 and the low bid for concrete came from Middlecreek Construction out of Peabody, Kansas for $782,541. Mayor Taylor questioned if Mr. Hellar was familiar with Middlecreek Construction. Mr. Hellar stated that he was. Mr. Hellar explained that APAC and Middlecreek intend to use Klaver Construction to build the bridge. Mr. Hellar added that Mr. Curt McAdoo from Iuka would do the curb and guttering. Mr. Hellar stated that they do business with APAC all the time. Mr. Hellar added that all of the contractors would do a good job.

Mr. Hellar commented that the City had the choice to go with asphalt or pay a little more for concrete. Commissioner Nystrom asked about maintenance in five years if it was done in asphalt. Mr. Hellar stated that maintenance would be at a minimum in five years, but in ten years you would have to look at doing some sealing. Commissioner Nystrom asked what that cost would be. Public Works Director Russell Rambat commented that we were paying about $1.95 a square yard for slurry seal. Commissioner Nystrom commented that you would get to $50,000 pretty quick. Mr. Hellar agreed and stated that concrete would be the most economical. Commissioner Hlavachick asked how thick the concrete would be. Mr. Hellar stated that it would be seven inches and that gives you a stronger roadway and a base under it that would never give the City any problems.

A motion by Commissioner Peltier to accept the concrete bid from Middlecreek Construction from Peabody, Kansas in the amount of $782,541. The motion was seconded by Commissioner Hlavachick. Commissioner Nystrom questioned if this had not come in about $150,000 under the engineer’s estimate. Mr. Hellar commented that it had and this was better than a grant. Mr. Hellar added that they had estimated $1.1 million without the waterline. Mr. Alan Luttrell from EBH Engineering commented that the guys really want the job and he had thought it would be around $900,000 to $1.1 million.

Mayor Taylor recognized Ms. Karen Detwiler, who was in the audience. Ms. Detwiler commented that a committee with petitions had turned in two successful petitions, but had not heard back from the County Clerk due to the holiday. Ms. Detwiler questioned, if this item was something that was going to be on the ballot could they effectively start any forward motion on the street until after the voters have an opportunity to vote. City Attorney Ken Van Blaricum commented that the petitions had not been approved or confirmed by the County Clerk, who is the County Election Officer. Mr. Van Blaricum stated that the petitions had not been forwarded to the City Clerk and; therefore, had not been reviewed by him. Ms. Detwiler commented that they were found to be in good form by the County Counselor. City Manager Dave Howard commented that he had visited with the County Counselor and he had not received the petitions that had been turned in last Wednesday. Ms. Detwiler stated that he did receive those and she had a letter stating that he had reviewed them. Ms. Detwiler added that he had not reviewed them after they were signed. Mr. Howard stated that he stands on what he had just said and that they had not been forwarded to the County Counselor’s office and he did not know if they were going to be. Mr. Van Blaricum commented that it was too early for him to give an opinion as to whether or not those would have anything to do with the progress of the street.

A vote on the motion was taken and passed with four approved votes and one opposed vote by Commissioner Graf.

RETURN TO SOCCER FIELD AGENDA ITEM:

Mr. Kurt McAfee, Pratt Community College Athletic Director, addressed the Commission concerning property by Lemon’s Park. Mr. McAfee stated that the college was willing to invest around $30,000 to develop a soccer field for college games, but they would also allow kids and the community to use it. Mr. McAfee commented that it would have turf with natural grass, electricity and irrigation and that it would be the same agreement as they have with the softball diamond on Angood Field. Commissioner Nystrom questioned Recreation Director Bruce Pinkall on the use of the diamonds in Sixth Street Park. Mr. Pinkall commented that they are used four to five nights a week for practice. Commissioner Nystrom questioned the utilization of the overall park. Mr. Pinkall stated that there was the walking trail and two shelter houses that were used a lot. Commissioner Nystrom questioned if there was available space for this. Mr. Pinkall commented that he could not answer that and that the only area would be across from the outfield, but there was not any free space without trees.

Commissioner Hlavachick asked what the Parks and Recreation Advisory Board thought of this. Mr. Pinkall stated that there had been questions about development to the east of the Sports Complex during the grant process, but not at Lemon’s Park. Commissioner Hlavachick commented that he would like to hear what they have to say.

Commissioner Nystrom asked if the Sports Complex was an option. City Manager Howard commented that there would be a lot of cost to that, because you would have to have a road and level the ground. Mr. Howard added that Mr. Green had given the City nineteen or twenty acres east of the Complex. Mr. Howard explained that if the market grew for soccer, it may be something that the City would look at in the future. Commissioner Graf asked about May Dennis Park. Mr. Pinkall commented that May Dennis Park has issues such as parking in the street and driving into the park from the north. Mr. McAfee added that there were also drainage problems. Commissioner Peltier questioned if those problems could be corrected. Commissioner Graf questioned the floods down at Lemon’s Park. Mayor Taylor commented that it takes several days of rain for that to happen. Commissioner Nystrom commented that it takes a quarter of an inch for May Dennis to flood.

Mayor Taylor asked if there would be a need for fences. Mr. McAfee commented that there would be down the road and that their intentions were to build a field for college soccer. Mr. McAfee explained that they would level the area and put in an irrigation system, electrical and natural sod. Mr. McAfee stated that there was land out at the college, but they are landlocked in that they cannot expand to the west, limited to the north, the land south was for future growth and it was out in the middle of nowhere and the wind could be intolerable. Mr. McAfee commented that Lemon’s Park was an ideal place for the college, the community would be able to utilize it and it fit in the footprint of what they were looking for. Commissioner Peltier questioned the parking situation. Mr. McAfee commented that there was a possibility of expanding parking to the west, but with no other active soccer programs, there should be adequate parking for now. Mr. Howard commented that the City had discussed developing this area with more shelters and the parking would have been done later on with Commission approval. Commissioner Nystrom commented that the area was about 360’ deep. Mr. Rambat commented that the land they were looking at for the field was not that large. Mr. McAfee explained that there would be bleachers on the east side and that a soccer pitch was larger than a football field.

Commissioner Nystrom asked about the out buildings on that property. Mr. Howard commented that we were currently using them for storage and they would not immediately be moved. Mr. Howard added that shelters would be developed later for the public to use. Commissioner Peltier asked if the field would be used for practice. Mr. McAfee stated that it would be.

Commissioner Nystrom commented that he would appreciate the help from the Advisory Board. Mr. Pinkall stated that there had not been any discussions about this yet, but there had been other questions asked about other spots and long range plans. Commissioner Nystrom asked if Sixth Street Park was not compatible. Mr. McAfee stated that it would not be with the trees.

Commissioner Hlavachick asked when the next Advisory Board meeting was. Mr. Pinkall commented that they meet the fourth Monday in March, but could call a special meeting and then report to the Commission at the next meeting. Mayor Taylor stated that he would appreciate Mr. Pinkall running this by them. Mayor Taylor thanked Mr. McAfee for coming to the meeting and they would have this on the agenda for the next meeting.

CONSIDERATION AND APPROVAL OF BID FOR WATERLINE RELOCATION ON MAPLE STREET EXTENSION:

Mr. Don Hellar from EBH Engineering addressed the Commission on the bids that were received for the waterline relocation project on Maple Street. Mr. Hellar stated that the low bid for the waterline project was Mies Construction out of Wichita for $50,000. Mr. Hellar commented that that was a good price. Commissioner Nystrom asked if EBH had worked with them before. Mr. Hellar stated that they work with them a lot. Mr. Howard commented that the waterline went down the center of the right-of-way on Maple Street and this was the right price to move it. Mr. Howard added that we have not had any issues with it yet, but any future issues could be dealt with easily if it was moved. Public Works Director Rambat commented that that line was installed in the middle 70’s or late 60’s and the road was put in over the waterline. Mr. Rambat agreed that we would be money ahead if we got it out of there.

A motion by Commissioner Peltier to approve the bid from Mies Construction for the waterline relocation project in the amount of $50,000. The motion was seconded by Commissioner Hlavachick and carried with four approved votes and one opposed vote by Commissioner Graf.

CONSIDERATION OF THE SALE OF PROPERTY TO THE SOUTHERN BAPTIST CHURCH:

Mr. Ernie Richardson, representative for the Southern Baptist Church, commented that the church had offered to buy 2.3 acres of the City’s property for $15,000 and he asked for a motion and vote on the offer. Commissioner Peltier made a motion to sell the 2.3 acres to the Southern Baptist Church at fair market value, to be determined by a qualified appraiser, less ten percent discount on the appraised value in lieu of the real estate fee and the City would have the right of first refusal at the sale price. Commissioner Nystrom seconded the motion.

Mr. Richardson stated that the church would ask that the Commission vote against that motion and then take up the offer from the church’s of $15,000. Commissioner Peltier asked why they did not want to establish fair market value. Mr. Richardson stated that this was the church’s third time before the Commission and they were told that there would be action taken at this meeting. Mr. Richardson added that the motion would require the church to go back and take additional action as a church. Mr. Richardson explained that $15,000 was a fair price seeing that the City paid $12,000. Commissioner Nystrom questioned if it was not fair that the City knows what they are selling. Mr. Richardson commented that the City knew what they were buying at $12,000. Commissioner Peltier commented that the church bought one acre ten years ago for $10,000 and the City bought a lot at $12,000. Mr. Richardson commented that it looks like the price of an acre had come down. Commissioner Peltier stated that this was the fair way to do it.

Commissioner Hlavachick commented that he sees the other side of the issue and he agrees with the $15,000 purchase price. Commissioner Hlavachick apologized to the members of the church for not making a motion to that affect and that the City would make their money back. Commissioner Nystrom stated that he was trying to satisfy the people that think we are giving the property away. Commissioner Hlavachick commented that he had had a few contacts that he holds in high regard and they say that we should sell to the church. Commissioner Hlavachick added that we do not know what the potential would be. Commissioner Peltier commented that he had had thirty contacts and eight were for the church and twenty-two wanted the City to sell it only at the fair market value. Commissioner Peltier stated that they felt that this was not why we had bought the property and that there were more important things than the tax roll. Commissioner Peltier commented that he did not see any other way to sell the property, but to get an appraiser. Rev. Bob Fleener asked what the fair market value from the appraiser was when the City bought it. Commissioner Peltier answered that we did not get one.

Commissioner Peltier stated that the people of the church want us to sell the property to them for $15,000, but the Commission represents the people of Pratt and we need to be even handed about this. Commissioner Peltier explained that fair market value may be $15,000 or it could be $12,500. Mayor Taylor stated that he had talked to City Manager Howard and he made the comment that selling property to the church should not be that hard to do.

Mayor Taylor commented that the church made the offer of $15,000 two meetings ago and he felt that the City should sell it. Mayor Taylor added that at this meeting he was waffling, but he was not going to change his mind. Mayor Taylor explained that he had had comments from about eight people and one couple was against the sell, but after a lengthy discussion with them, they told him to do what he felt was best.

Commissioner Hlavachick requested a roll call vote. Mayor Taylor asked for a roll call vote on the motion that was on the floor concerning the sale of property to the church at fair market value minus ten percent, to be determined by an appraiser and for the City to have first right of refusal at the purchase price. City Clerk LuAnn Kramer recorded the roll call vote as the following: Commissioner Peltier-yes; Commissioner Hlavachick-no; Mayor Taylor-no; Commissioner Nystrom-yes; Commissioner Graf-no. Motion did not pass with two approved votes and three opposed votes.

A motion by Commissioner Hlavachick to accept the bid to purchase 2.3 acres by the Southern Baptist Church for $15,000. The motion was seconded by Commissioner Graf. Mayor Taylor added that we do want the first right of refusal. Mr. Howard clarified that it would be for the price the church was paying for it. Mr. Richardson agreed and added that that was if it was undeveloped. Commissioner Hlavachick amended his motion to that affect. City Clerk Kramer recorded a roll call vote as follows: Commissioner Peltier-no; Commissioner Hlavachick-yes; Mayor Taylor-yes; Commissioner Nystrom-no; Commissioner Graf-yes. The motion passed with three approved votes and two opposed votes.

Mr. Howard commented that the plat had not been completed that would allow the City to sell the property to the church, so the sell may take a little longer than normal.

CONSIDERATION AND APPROVAL OF BID FOR PLUMBING ON THE BATHROOM AND KITCHEN AT NEW FIRE STATION:

Fire Chief David Kramer addressed the Commission concerning the bids for plumbing on the bathroom and kitchen at the new fire station. Chief Kramer commented that they had gone through the bid process and Building Inspector Brad Blankenship had put out the specifications to contractors for plumbing in the bathroom and kitchen. Chief Kramer explained that the City had cut the floor and it was ready for the rough-in on the plumbing.

Chief Kramer stated that three local contractors had bid on the plumbing project, which was the completed plumbing project, including fixtures, for the bathroom and kitchen. Chief Kramer stated that his recommendation was for the low bid from Westhoff Plumbing in the amount of $13,200.

Commissioner Nystrom asked what the time frame was for moving the trucks over to the new building. Chief Kramer stated that they need to rough-in the plumbing and get the concrete in there, then they would be able to frame it up. Chief Kramer commented that the main petition in that separates the offices from the bay area would be done by the firemen. Inspector Blankenship added that it should be around July or August when we move over.

A motion by Commissioner Hlavachick to accept the bid from Westhoff Plumbing in the amount of $13,200 for turnkey plumbing. The motion was seconded by Commissioner Peltier and carried unanimously.


CONSIDERATION AND APPROVAL OF BID FOR CONCRETE ON SOUTH SIDE OF THE NEW FIRE STATION:

Chief Kramer commented that the concrete would continue the process after the plumbing was in. Chief Kramer recommended the Commission approve the low bid from Mansel Construction in the amount of $8,200 to complete the concrete floor. A motion by Commissioner Nystrom to accept the bid from Mansel Construction to complete the concrete floor for $8,200. The motion was seconded by Commissioner Graf and carried unanimously.

Commissioner Hlavachick asked what the plans were for the area outside that had nothing in it. Chief Kramer stated that that was going to be a memorial, but it was difficult to work on with the weather conditions. Chief Kramer commented that he needs to visit with a concrete person on whether the footings need some block work done and get that moving forward. Commissioner Nystrom asked where the money for that project was coming from. Chief Kramer explained that there was a memorial fund left in honor of Captain Dennis Harms and his dad, Mr. Gene Kramer. Chief Kramer stated that the money for the flag pole they had purchased had come from that money also.

CONSIDERATION AND APPROVAL OF BID FOR THERMAL IMAGING CAMERA:

Commissioner Nystrom questioned if these were identical pieces of equipment that he had gotten bids on. Chief Kramer commented that these two thermal image cameras have the most market share in the country. Chief Kramer explained that there were cheaper cameras out there, but there were options on these cameras that the cheaper ones did not have. Chief Kramer stated that the only difference they had found in these two cameras was that the Bullard had a slightly higher heat tolerance, which you hope is a mute point in that you should not still be in the structure. Chief Kramer commented that they had had the vendor come and demonstrate the MSA camera and they were pleasantly surprised.

Chief Kramer stated that his recommendation to the Commission would be the MSA camera from Casco in the amount of $8,999. Mayor Taylor asked if both cameras were new. Chief Kramer stated that they were. A motion by Commissioner Hlavachick to approve the bid from Casco Industries for a thermal imaging camera for the department for $8,999. The motion was seconded by Commissioner Peltier and carried unanimously.

Chief Kramer informed the Commission that as soon as the concrete was done at the fire station, the firemen would be doing the framing. Chief Kramer commented that they are excited and proud about the savings and the contribution that they can make to the City and the department. Chief Kramer invited the Commission to stop in anytime. Commissioner Nystrom commented that it was a nice looking project, but people are wondering when we are going to get it cleaned up. Chief Kramer commented that Mansel Construction’s equipment was still there in hopes that they would have access to the concrete job tonight. Mr. Blankenship added that Assistant Chief George Stevens would be hauling off the metal.

CONSIDERATION AND APPROVAL OF FIRM ENERGY AND LOAD FOLLOWING AGREEMENT BETWEEN THE CITY AND KMEA:

City Manager Dave Howard explained that in 2008 we had formed the Energy Management group through KMEA after Aquila had sold to Mid-Kansas. Mr. Howard commented that there was an agreement with the Energy Management Project #2, but there was another agreement between KMEA and Mid-Kansas. Mr. Howard added that the agreement was that the Cities would work with KMEA and then they would do a contract with Mid-Kansas.

Mr. Howard stated that since that time, we have been working on a ‘hand shake’ agreement. Mr. Howard explained that the control area provider, which is usually the transmission owner, was responsible to the SPP and other regulatory agencies to keep the system balanced. Mr. Howard commented that balancing means that they know the energy that everyone is purchasing and there are heavy fines to us and to them if imbalanced. Mr. Howard explained that twenty-four hours ahead of time there has to be electricity scheduled, meaning that not only does your electricity have to be scheduled, but also what you are going to buy and what you are going to generate, so that it can be determined that there is enough electricity on the conduit for people to use.

Mr. Howard commented that we have been operating under the ‘hand shake’ agreement for about two years, but this was an agreement that had to be provided and the control area provider was the balancing authority that sees that everything is running smoothly. Mr. Howard stated that, as part of the agreement negotiations, the City had the ability to generate a certain amount of electricity and that they have the right to use it; therefore, they want the right to ask us to generate whenever it is necessary. Mr. Howard commented that in those negotiations, the City keeps the first right, KMEA for the EMP2 has the second right and MKC has the third right of call.

Mr. Howard stated that part of the agreement was that we would sell that capacity to Sunflower and they would pay for that right to call. Mr. Howard explained that if you look at last year’s billings, we would save $91,000 and that if the EMP and other energy deals go through that number should grow. Mr. Howard commented that a lot could happen in the next few years and that would depend on what the legislature does with cap and trade and net metering. Mr. Howard added that the $91,000 would be a reduction in the fuel adjustment, which results in cheaper utility bills. Mr. Howard added that that depends on the base price, which we have no control over.

Mr. Howard stated that one point that the Commission needed to be aware of in the contract was that if we sell them accredited generation, we are obligating ourselves to keep the units up. Mr. Howard commented that there are provisions for breakdowns and maintenance, but we cannot take their money and let the generators sit there. Mr. Howard explained that we are doing maintenance and that was what makes this a good deal. Mayor Taylor asked if we are given a time. Mr. Howard commented that there are no quick starts and ours are thirty minutes and twenty-four hours. Mr. Howard stated that we are paid less for the steam plant because it takes longer to bring up.

Mr. Howard explained that if we were to add generation or take one of the units off line, we have to give them three years notice. Mr. Howard commented that finding replacement capacity was tough, but if you have it, it becomes more valuable. Mr. Howard added that there was the potential to get greater savings depending on what happens with everyone that has generation in this area.

Mr. Howard asked if there was anything he had forgotten. Energy Agent Kenny Kreutzer commented that he did not think so. Mayor Taylor commented that he trusts that City staff had read this and know more about this agreement and that the City Attorney had reviewed it as well. Mr. Van Blaricum stated that the form was good. Mr. Howard added that KMEA has a legal staff that specializes in energy and they are all in approval.

A motion by Commissioner Peltier to accept the energy management agreement with KMEA and the City. The motion was seconded by Commissioner Hlavachick and carried unanimously.

CONSIDERATION AND APPROVAL OF RESOLUTION 021510 AUTHORIZING THE EXECUTION OF A FIRM ENERGY AGREEMENT BETWEEN THE CITY AND KMEA:

Mr. Howard commented that this resolution finalizes the agreement. The following Resolution 021510 was then presented to the Commission for their approval: A RESOLUTION OF THE CITY OF PRATT, KANSAS, AUTHORIZING THE EXECUTION OF A FIRM ENERGY AND LOAD FOLLOWING AGREEMENT BETWEEN THE CITY OF PRATT, KANSAS, AND THE KANSAS MUNICIPAL ENERGY AGENCY RELATING TO ELECTRIC FIRM ENERGY AND LOAD FOLLOWING SERVICES FOR THE CITY. A motion by Commissioner Nystrom to approve Resolution 021510 authorizing the execution of a firm energy and load following agreement between the City of Pratt and KMEA relating to electric firm energy and load following services for the City. The motion was seconded by Commissioner Peltier and carried unanimously.

CONSIDERATION AND APPROVAL OF DONATION TO SOUTH CENTRAL KANSAS COMMUNITY CORRECTION AGENCY:

City Manager Howard commented that he had received a letter from Mr. David Wiley, Director of South Central Kansas Community Correction Agency, requesting a donation. Mr. Howard stated that they were experiencing State cutbacks and Police Chief Steve Holmes and City Attorney Ken Van Blaricum had discussed this also.

Mr. Van Blaricum explained that the court systems were moving from a policy of incarceration to a community probation type of system for less dangerous convicted people. Mr. Van Blaricum commented that Mr. Wiley works with these people on probation of felony crimes. Mr. Van Blaricum added that this program was proactive and it could head off crimes or change their behavior so they would not get into trouble in the future.

Mr. Van Blaricum stated that the anger management class had been offered in Zenda, but was now going to be offered in Pratt. Mr. Van Blaricum commented that the request for $1,500 would come from diversion funds in Municipal Court. Commissioner Nystrom questioned that the money would come from the criminal and not the taxpayer. Mr. Van Blaricum commented that that was one way to put it. Commissioner Peltier asked how much money came in from the diversion program. Mr. Van Blaricum stated that he was not sure, but it was considerable. Commissioner Hlavachick commented that this was a good program and he represents the Commission on their board. Commissioner Hlavachick added that they see a lot of statistics and the program was well attended and it works.

A motion by Commissioner Hlavachick to approve the donation to South Central Community Correction Agency in the amount of $1,500. The motion was seconded by Commissioner Graf and carried unanimously. Police Chief Holmes commented that the Commission would have the Municipal Court numbers at the next meeting.

DISCUSSION ON OPTION TO TERM LIMIT PETITION:

City Attorney Ken Van Blaricum commented that there was a petition circulating around Pratt concerning term limits. Mr. Van Blaricum stated that the petition had been run by the County Clerk and she had certified that the signatures were valid. Mr. Van Blaricum explained that the valid question comes before the Commission and he had included a form of ordinance in the packet so they could visualize what it was.

Mr. Van Blaricum read from K.S.A. 12-3013 that states ‘If the petition accompanying the proposed ordinance is signed by the required number of electors qualified to sign the governing body shall either (a) pass such ordinance without alteration within 20 days after attachment of the clerk’s certificate to the accompanying petition; or (b) if not passed within 20 days, forthwith call a special election, unless a regular city election is to be held within 90 days thereafter, and at such special or regular city election submit the ordinance, without alteration, to the vote of the electors of the city’. Mr. Van Blaricum stated that he brings to the Commission’s attention that they have only two choices and they are to either approve the ordinance or put it on the ballot. A motion by Commissioner Graf to adopt Ordinance 1002. Mayor Taylor asked if there was a second and there was not; therefore, Mayor Taylor stated that the motion died for lack of a second. Mayor Taylor commented that the question goes to the electors.

REPORTS:

City Attorney:

• Two additional petitions:

City Attorney Van Blaricum informed the Commission that there were two additional petitions at the Court House that may or may not have significant signatures on them. Mr. Van Blaricum explained that the first petition was asking that Ordinance 0916 providing for annexation of land to the City passed by the Governing Body on September 21st be repealed and the second petition was to get to vote on action taken on August 17, 2009 by motion from Commissioner Peltier and a second by Commissioner Nystrom to do the Maple Street extension project providing for an extension of Maple Street from Parkway Avenue to a point where it would intersect with Kansas Highway 61 be repealed. Commissioner Peltier asked if this had substantially changed from the petition that they presented to the court. Mr. Van Blaricum commented that the petition had not been substantially changed, but it might be a little bit different. Commissioner Peltier commented that even though the court had found it inadequate, they went ahead and ran it through.

Mr. Van Blaricum stated that K.S.A. 25-3601 gives an elaborate procedure for petitions to be submitted to the County Counselor for an opinion and that had been done. Mr. Van Blaricum explained that the previous petition on Maple Street was not good enough and had been turned down by the County Counselor. Mr. Van Blaricum commented that the Statute goes on to state that you do not have to submit the petition to the County Counselor, but it encourages people carrying a petition to get free legal advice on whether it is good enough to submit for an election, but if they do not want it, they do not have to have it. Mr. Van Blaricum stated that he understands that the petitioners have carried the petitions and gotten all the signatures, they have no opinion from the County Counselor and they are about to present them to the City Commission. Mr. Van Blaricum clarified that they have not done that yet, because we have no word from the County Election Officer.

Mr. Van Blaricum commented that this will be on the next agenda. Mr. Van Blaricum stated that if this is on the Commission’s agenda, they could elect to oppose either one or both petitions and then they would ask him to file something in District Court and that would have to be done twenty days after the petitions arrive in the City Clerk’s office. Mr. Van Blaricum explained that the Judge would then have twenty days to make a ruling as to whether the petitions were valid. Mr. Howard clarified that the twenty days was between now and the next meeting and the time limit was not a concern. Mr. Van Blaricum stated that he was watching the time, but it was not a concern.

Mayor Taylor commented that he was curious as to why they would oppose annexation of property. Mr. Van Blaricum stated that there was a very specific way to annex and unannex property and this was not it. Mr. Van Blaricum commented that there were problems with these petitions. Commissioner Peltier questioned Ms. Karen Detwiler why she wanted to unannex this property. Ms. Detwiler commented that the petition with no ordinance number on it is the wording that the Judge instructed them to use in court that would have to be in a petition to be acceptable in his court. Commissioner Peltier clarified that he was talking about the annexation petition. Ms. Detwiler stated that she was talking about the first one and she would get to the other one later. Mayor Taylor stated that the question from Commissioner Peltier was concerning the annexation petition. Ms. Detwiler stated that it was their attorney’s opinion that, if it could be defeated due to a lack of an ordinance number, the other solution would be to ask in a second petition to reverse the Commission’s decision to annex the property, because it does have a resolution and/or ordinance number attached to it. Commissioner Peltier asked why she would want to unannex since the City owns it. Ms. Detwiler commented that it was not that she wanted to unannex it or that anyone that signed it wants it unannexed, but they want the people to decide whether all of this happens or not. Ms. Detwiler added that they may vote in favor of it and that she did not have a position one way or the other. Ms. Detwiler stated that the City was spending a large amount of the taxpayer’s money and they should have input.

Mayor Taylor stated that when the City was buying two $8 million engines that sit on West Tenth Street, no citizens showed up even though it was in the paper a dozen times. Mayor Taylor commented that now we are trying to build a street that promotes growth in the City and this is what happens. Ms. Detwiler commented that the Commission got people to respond this time and apparently they have had their fill. Ms. Detwiler continued stating that the room had been filled several times on this Maple Street issue asking that it be put on the ballot and the Commission refused to do so. Mayor Taylor commented that he was glad that Ms. Detwiler did not have a position on it.

Commissioner Peltier asked Commissioner Graf if he had carried this petition. Commissioner Graf stated that he had. Commissioner Peltier stated that Commissioner Graf had voted for the annexation and questioned why he carried the petition. Commissioner Graf stated that the reason he did was because the Commission did not let the people vote and this was a way to get it on the ballot. Commissioner Nystrom stated that he had voted for the annexation. Commissioner Graf stated that he did, because he did not know that the other was not going to go through.

Inspection Department:

• Fire Station:

Building Inspector Brad Blankenship commented that there was a lot going on at the new fire station and that the volunteer firemen had done a great job tearing down dry wall and cleaning up. Mr. Blankenship stated that they have put in a lot of hours so that the project could move on. Mr. Blankenship thanked Public Works Director Russell Rambat for allowing the City street department to go down there and cut out the concrete at no extra expense to the City. Commissioner Peltier commented that it would be a fine project when done and he appreciated the money the volunteers and City staff had saved the citizens.

• General contractors licensing:

Mr. Blankenship stated that he had been looking into general contractors being licensed. Mr. Blankenship commented that he would like that to be turned over to a Building Board. Commissioner Nystrom asked if he appointed those members or the Commission did. After a short discussion, Mr. Blankenship stated that he would make recommendations to the Commission, but they would be appointed by the Commission. Commissioner Peltier asked who would be on that board. Mr. Blankenship explained that there would be a master plumber, master electrician, general contractor and two people with knowledge of construction. Commissioner Nystrom commented that those are hard people to find.

Commissioner Nystrom stated that he was not being critical asking the questions that he does, but the Commissioners sometimes get asked those same questions.

Electric Department:

• Diesel engine:

Director of Electric Utilities Kelly Hemphill informed the Commission that the Power Plant continued to work on the diesel engine and that they were a skilled maintenance group there.

• Cooling tower:
Mr. Hemphill stated that after looking at the labor that would be involved in the cooling tower and the work load of City staff, it was decided that the electrical work could be done by us. Mr. Hemphill commented that the manufacturer had no issues with us doing that work. Commissioner Nystrom asked if we had awarded that bid already. Mr. Hemphill stated that we had and it was without the electrical. Commissioner Nystrom commented that he did not want to be taking work away from someone. Mr. Hemphill stated that we would not be and it should be a good product when it is done. Mr. Howard stated that there would have to be materials purchased to do the project.

Police Department:

• Handicap parking:

Police Chief Steve Holmes commented that he had received a letter from Dr. Carson Hopkins concerning handicap parking by the dental office on West Fourth Street. Chief Holmes stated that he had visited with Mr. Howard and Mr. Rambat concerning the letter and they suggested that it be the one closest to Main Street. Chief Holmes added that this would take up two parking spaces, but he would like to request the Commission’s approval. Commissioner Peltier made a motion to provide handicap parking on West Fourth Street for the dental office. A second by Commissioner Hlavachick and it carried unanimously.

ADJOURN:

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


__________________________________________
JEFF TAYLOR, Mayor


(SEAL)

ATTEST:

__________________________________________
LUANN KRAMER, City Clerk

03/01/10 City Commission Agenda

MONDAY

MARCH 01, 2010

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 – February 15, 2010 Regular Commission meeting

4. OPEN AGENDA

5. BUSINESS:

5.1 Discussion with the American Legion Post 86 Concerning Smoking Policy – Larry Melson, Commander; Mayor and Commission; Ken Van Blaricum, City Attorney

5.2 Update on Cannonball Trail Chapter and Request for Funds – Donna Meier Pfeifer, Exec. Dir, Cannonball Trail Chapter

5.3 Consideration and Approval of Bid for Ceiling Panels at New Fire Station – David Kramer, Fire Chief; Brad Blankenship, Building Inspector

5.4 Introduction of Newly Appointed Captains and Lieutenants on the Fire Department – David Kramer, Fire Chief

5.5 Consideration and Approval of an Appointment to the Planning Commission (finish 3 yr. term of Phil Farmer) – Dave Howard, City Manager

5.6 Consideration and Approval of Power Purchase Agreement (Grand River Dam Authority Power Supply) Between the City and KMEA – Dave Howard, City Manager; City Staff

5.7 Consideration and Approval of Resolution 030110 Authorizing the Execution of Power Purchase Agreement Between the City and KMEA - Dave Howard, City Manager; City Staff

6. REPORTS

6.1 City Manager
6.2 City Attorney
6.3 Department Heads
6.4 Mayor
6.5 City Commission

7. ADJOURN