Tuesday, November 16, 2010

11/15/10 City Commission Meeting Agenda

MONDAY

NOVEMBER 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 – November 01, 2010 Regular City Commission meeting

4. OPEN AGENDA Proclamation for School – Sandy Foster

5. BUSINESS:

5.1 Presentation of City of Pratt Employee Service Awards – Mayor Hlavachick and Commission

5.2 Consideration and Approval of a Replacement Appointment on the Pratt Public Library Board of Directors – Rochelle Westerhaus, Secretary Mayor and Commission

5.3 Consideration and Approval of the Re-appointments on the Travel and Tourism Board – Jan Scarbrough, Chamber Director

5.4 Consideration and Approval of Ordinance 1010 Amending Sec. 15.04.060 of the Municipal Code – Ken Van Blaricum, City Attorney; Brad Blankenship, Building Inspector

5.5 Consideration and Approval of Bid for Unit #5 Piping Replacement – Kelly Hemphill, Dir. of Electric Utilities

5.6 Consideration and Approval of Bid for Replacement Substation Breakers – Kelly Hemphill, Dir. of Electric Utilities

6. REPORTS

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

7. ADJOURN

11/01/10-Approved City Commission minutes

MONDAY

NOVEMBER 01, 2010

The Governing Body of the City of Pratt, Kansas met in regular session in the Commission room located in City Hall.

PRESENT: Bill Hlavachick Mayor
Jeff Taylor Commissioner
Willy Peltier Commissioner
Victor Graf Commissioner
Gary Skaggs Commissioner

ALSO PRESENT: Dave Howard City Manager
Ken Van Blaricum City Attorney
Diana Garten Finance Director
Russell Rambat Public Works Director
Gary Myers Acting Chief of Police
Kelly Hemphill Electric Utility Director
Brad Blankenship Building Inspector
Bruce Pinkall Recreation Director

CALL TO ORDER:

Mayor Hlavachick called the regular meeting to order. The Mayor stated that all Commissioners were present.

Mayor Hlavachick reminded the audience that this meeting may be taped and/or recorded.

MINUTES:

A motion by Commissioner Peltier to approve the minutes of the October 18, 2010 regular meeting. The motion was seconded by Commissioner Taylor and carried unanimously.

OPEN AGENDA:

No one from the audience wished to address the Commission.

BUSINESS:

CONSIDERATION AND APPROVAL OF STREET CLOSURES FOR ‘OLD FASHONED CHRISTMAS’ DOWNTOWN:

Chamber Director Jan Scarbrough addressed the Commission requesting the closure of the same streets as last year for the ‘Old Fashioned Christmas’ celebration. Ms. Scarbrough stated that they would like to block the area between Main Street and Oak Street and Third and Fourth Streets east of the intersections on Main Street and Third Street, north of the intersection of Ninnescah Street and Third Street, south of the intersection of Ninnescah Street and Fourth Street, west of the intersection of Oak Street and Fourth Street and at the alley east of the Post Office on Third Street. Ms. Scarbrough also asked the City to help with the set up by insuring that the electrical outlets, including a 220 for the Lions Club screening bus, were available. Ms. Scarbrough stated that the bleachers, trash containers and porta-johns would also be needed again this year. Commissioner Skaggs inquired about the attendance at Old Fashioned Christmas. Ms. Scarbrough and City Manager Dave Howard responded that there had been good attendance the last couple of years. Commissioner Taylor asked if it would be a problem to provide a 220 electric outlet for the Lions Club. Mr. Hemphill stated that he would get together with Ms. Scarbrough to see what was needed. Commissioner Peltier made a motion to allow closure of the streets as requested for Old Fashioned Christmas on November 20, 2010. Commissioner Skaggs seconded the motion and it carried unanimously.

Ms. Scarbrough also requested permission from the Commission to conduct a Christmas lighting contest again this year. Ms. Scarbrough explained that individuals could decorate their residences and register to be part of the contest. Ms. Scarbrough added that homes would be judged for 1st, 2nd and 3rd place and receive credit toward their electric utility bill as was done last year. Commissioner Taylor moved to allow Christmas lights to be judged and prizes to be the same as last year for an amount off of the individual utility bills. Commissioner Graf seconded the motion and the motion carried unanimously.

CONSIDERATION AND APPROVAL OF RESOLUTION 110101 ADOPTING THE PRATT COUNTY MULIT-JURISDICTIONAL HAZARD MITIGATION PLAN:

Mr. Tim Branscom, Pratt County Emergency Manager, presented a power point presentation overview on the Pratt County Multi-Jurisdictional Hazard Mitigation Plan. Mr. Branscom explained that the Plan covered seven areas, which included Pratt County, all Cities within Pratt County, USD 382, USD 438, and Pratt Community College. Mr. Branscom stated that each entity within the Plan would adopt their own resolution and portions of the Plan. Mr. Branscom explained the formulas for risk rating and severity risk and how the risk index was computed. Mr. Branscom explained that, with the exception of wildfires, the City of Pratt had the same risk priorities as the County. Commissioner Hlavachick voiced a concern about hazardous materials stored in sheds and barns. Mr. Branscom replied that hazardous materials were addressed in the Plan. Mr. Branscom reviewed the City’s action items, which were to seek funding to design and build safe rooms for the City of Pratt, establish a committee to identify potential funding sources and consider the purchase of additional equipment for the jurisdiction to enhance road maintenance capabilities and assess flood prone areas and recommend flood reduction measures to City planners.

Commissioner Skaggs questioned the statement in the Plan that very few residents in Pratt had basements. Mr. Branscom stated that an actual count had not been taken. Commissioner Taylor suggested contacting the County Appraiser, who could probably provide that. Commissioner Skaggs asked where the storm shelters would be built. Mr. Branscom commented that he would work with City Manager Howard to determine the best sites.

City Manager Howard stated that the Sixth Street Bridge was the largest area of concern as a flood prone area. Mr. Howard stated that the City cleans the area frequently of debris to help the flow of water in case of flooding. Commissioner Skaggs questioned the volume of water the new Maple Street Bridge would be able to handle. Mr. Howard and Public Works Director Russell Rambat stated that the Maple Street Bridge was capable of handling twice the volume of other bridges within the City. Mr. Howard stated that the construction of the Maple Street Bridge had been overcompensated.

Mr. Branscom stated that a comprehensive review of the Plan would need to be done every five years and this would be coordinated by himself and the Emergency Management Team of Pratt County. Mr. Branscom added that he would do a quick review annually with each entity and if changes were needed, an amendment would be made to the Plan.

Commissioner Skaggs asked if this Plan was a pass or fail situation and whether the Plan would be voided if the City did not act on the action items. Mr. Branscom replied that the Plan could be amended as needed. City Manager Howard explained that having a Hazard Mitigation Plan in place was required by FEMA to receive disaster funding. Mr. Howard explained that City department heads had been involved in the creation of the Plan.

Commissioner Skaggs inquired about the Emergency Manager position. Mr. Branscom stated that the Plan itself had been created with grant funds at no cost to each individual entity and that his position was fully funded by Pratt County. Mr. Branscom added that the Pratt County Emergency Management’s office was located on Main Street.

Commissioner Peltier made a motion to approve Resolution 110110 adopting the Pratt County Multi-Jurisdictional Hazard Mitigation Plan. The motion was seconded by Commissioner Graf and carried unanimously.

Mr. Luca Matei, citizen of Pratt, spoke to the Commission concerning the knowledge of the City on how structurally sound some of the current buildings were and the need for shelters. Mr. Matei commented that he had been an engineer in the Silicon Valley in San Jose, California, before moving to Pratt. Mr. Matei explained that it was important to know the regulations and resources and the most important resources were the people and here in Pratt there were fewer big problems than in California, but there were still problems. Mr. Matei congratulated everyone for what had been done with the limited resources available.

CONSIDERATION AND APPROVAL OF WASTEWATER TREATMENT PLANT ENHANCEMENT DOCUMENTS:

City Attorney Ken Van Blaricum stated that the Commission needed to approve the loan agreement pertaining to the Wastewater Treatment Enhancement Project in order to be qualified for the loan. Mr. Van Blaricum explained that there was a complete copy of the loan agreement available in the City Clerk’s office if any of the Commissioners would like to review it. Mr. Van Blaricum commented that he had provided a copy of the table of contents and terms of the loan agreement and that the loan agreement provided for a KDHE loan of $1,642,000 at an interest rate of 2.45%. Commissioner Peltier questioned if there would be 40% loan forgiveness. Mr. Van Blaricum confirmed the loan forgiveness amount as not to exceed $656,800. Mr. Howard explained that the loan forgiveness was up front; therefore, reducing the actual loan. Mr. Van Blaricum clarified that, if the cost of the project was less than $1,642,000, the loan and forgiveness would be based on the actual cost.

Commissioner Taylor questioned the need, at this point, to do the project. Mr. Howard stated that the project was to concentrate the sludge at the wastewater treatment facility and that the City had looked at different options, such as buying additional ground to dispose of sludge. Mr. Howard stated that this option seemed to make the most sense for the City since there was the availability of the low interest rate loan and the loan forgiveness that KDHE was offering. Commissioner Peltier commented that this was a needed project. Mr. Howard replied that the City had been planning for a sludge handling project for several years and had started reserving funds for that purpose. Commissioner Peltier asked about the reserve balance and if the City was in a position to make the payments. Mr. Howard and Finance Director Diana Garten replied that approximately $750,000 had been placed in reserve in anticipation of the project. Commissioner Taylor questioned if KDHE would place more stringent requirements on wastewater treatment facilities in the future. Mr. Howard stated that they would and we would have to meet those standards. Commissioner Peltier asked if this project would be advantageous to the City. Commissioner Skaggs commented that a project like this could be an economic stimulus. Mayor Hlavachick commented that we had known that we would need to do this project at some point and had started saving for it.

Commissioner Taylor made a motion to approve the loan agreement with KDHE for the Wastewater Treatment Plant Enhancement project. Commissioner Peltier seconded the motion and the motion carried unanimously.


CONSIDERATION AND APPROVAL OF ORDINANCE 1009 AUTHORIZING THE EXECUTION OF THE LOAN AGREEMENT:

City Attorney Van Blaricum stated that Ordinance 1009 would authorize the execution of the loan and provide for establishing a dedicated source of revenue for repayment of the loan. Mr. Van Blaricum explained that, with approval of this ordinance, the City guaranteed payment of the loan from the system revenues and ad valorem taxes without limitation. Commissioner Skaggs made a motion to approve Ordinance 1009. Commissioner Peltier seconded and the motion carried unanimously.

Mr. Van Blaricum stated that a copy of his ‘Form of Opinion of Municipality’s Counsel’ was included in the packet and a similar letter would be drafted to KDHE.

Commissioner Peltier asked what else needed to be done to get this project moving. Mr. Howard stated that a design would be the next step and City staff would continue to work on the project plan. Mr. Howard added that the project would address the problems at the wastewater plant.

REPORTS:

City Manager:

• Pratt County letter:

City Manager Howard stated that the City had received a letter from Pratt County concerning authorization of emergency vehicles. Mr. Howard stated that the letter was about the liability of first responders and the pending requirement to be certified by the County. Mr. Howard added that a copy of the letter had been provided and encouraged the Commission to read it and commented that it would be on a later agenda for discussion.

Public Works:

• Curb and Gutter project:

Public Works Director Russell Rambat reported that the curb and gutter project for this year was complete. Commissioner Skaggs asked what the policy was on streets that did not have curb and guttering and whether a homeowner would have to pay to create curb and guttering in districts that had never had it or specials attached. Mr. Howard responded that if it was on a street that was used by a lot of people, the City could decide to do a project in that area. Mr. Howard explained that those were known as ‘at-large projects’, which can be done to benefit the City. Mr. Rambat stated that he would look into some of those areas and see if a project would be feasible to do. Commissioner Skaggs commented that an area needing curb and guttering was 4th Street towards the Rose Garden. Commissioner Skaggs agreed to compile a list of areas that he felt would benefit from adding curb and guttering.

Commissioner Skaggs suggested a need to add sidewalks along First Street and that there was a worn path where people walk from the hospital to Wal-Mart. Commissioner Skaggs commented that he would like the City to try and plan for sidewalks in that area. City Manager Howard stated that we would have to get permission from KDOT since a sidewalk along that area would include their right-of-way, but he and Mr. Rambat would look into it. Commissioner Peltier asked if a grant for a bike and pedestrian path might be available. Mayor Hlavachick and Commissioner Taylor stated that this had been discussed in the past and was in the long range plans.

• Stout Street project:

Mr. Rambat stated that the Stout Street project was complete and it had re-opened this afternoon.

• Main Street project:

Mr. Rambat stated that the waterline project was now on 4th Street. Mr. Rambat explained that APAC would be bringing in more workers this week and anticipated completion in approximately two weeks. Mr. Rambat stated that the boring for the waterline was complete, but there were some tie-ins and side street connections to finish. Mr. Rambat stated that 3rd Street had re-opened last Friday.

• Maple Street project:

Mr. Rambat reported the street paver should be moving in today or tomorrow. Mr. Rambat added that the plan was to do a test pour and then try to pour the south lane later this week.

Inspection Department:

• Waterline at American Legion:

City Inspector Brad Blankenship reported that Water Superintendent Kelvin Clay and the water department had replaced the waterline to the American Legion Building.

• Fire Station:

Mayor Hlavachick and Commissioner Taylor thanked Mr. Blankenship for his hard work on the fire station.

Electric Department:

• Delayed Signal sign:

Director of Electric Utilities Kelly Hemphill reported that delayed signal signs had been hung at First Street and Main Street as requested. Mr. Hemphill also stated that he had spoken with the State of Kansas about timing plans and signal design at that intersection and they were going to investigate the need for changes and would get back with us.

• Underground Risers:

Mr. Hemphill reported that the power plant staff had been installing underground risers.

• Christmas decorations:

Mr. Hemphill commented that the line guys had started repair work on the Christmas decorations.

Finance Department:

• Sales Tax:

Finance Director Diana Garten reported that sales tax trends had continued to show a decrease in revenues from last year with a year-to-date decrease of $177,000.

Commission:

• Broken curb & Concrete work missed:

Mayor Hlavachick reported on a broken curb that needed attention and he would contact Mr. Rambat with that location. Mayor Hlavachick also reported that his neighbor thought the City had marked off some concrete work on the corner of Main Street and Blaine Street that had never been done. Mr. Rambat stated that he would check on that.

• Business in a private residence:

Commissioner Skaggs asked if there was an ordinance pertaining to operating a business out of a private residence. Mr. Blankenship responded that that was a State Treasury issue and they would be who would have to determine if a business was being operated at a private residence. Commissioner Taylor stated that the City does have zoning ordinances that help control residential areas.

Mr. Blankenship stated that he was aware that Mr. Charles Phillippe had a concern about a business being operated in his neighborhood, but the State had checked into it and found no evidence to support the claim. City Manager Howard stated that there was not anything in the ordinances that states you cannot sell several cars or that you cannot park licensed and tagged vehicles on your personal property. Mr. Howard added that every complaint by Mr. Phillippe had been checked out and, if violations were present, they had been addressed. City Attorney Van Blaricum stated that the City cannot proceed on claims without real evidence that a violation had occurred. Mr. Van Blaricum stressed that the City had investigated several complaints by Mr. Phillippe and no violations had been found.

Mr. Blankenship reported that he had checked various complaints such as bicycles which turned out were still used by Mr. Winter’s children, tires that turned out to be new and neatly stacked and jet-skis that turned out were loaded on a tagged trailer. Mr. Blankenship reported that Mr. Winter, Mr. Phillippe’s neighbor and the person that the complaints were and are being made against, had complied with all of the requirements of the City.

• Request to close gate at Lemon’s Park at 6:00 p.m.:

Commissioner Graf requested that the gate to Lemon Park be closed at 6:00 p.m. as a safety concern. Commissioner Graf stated that there were a lot of vehicles and cyclists breaking the speed limit as they drive through the park and there were lighting issues in some areas of the park. Commissioner Graf added that it was not realistic to ask the police to camp out down at the park and the simple solution would be to close the gates. Mayor Hlavachick asked what time the park currently closes. Acting Police Chief Gary Myers said that the park was closed at 10:00 p.m. City Manager Howard commented that the lighting issues could be addressed by the City. Mayor Hlavachick and Commissioner Taylor stated that people, other than walkers, enjoy the park in the evenings when they were taking an evening drive or attending activities in the park. Commissioner Skaggs agreed that safety was a valid concern, but stated that more lighting would help.

Audience comment:

• Wastewater Project:

Mr. Luca Matei addressed his concern about the wastewater treatment plant project and asked that specialized people assess the design and be contributors to what was needed. Mr. Matei commented on other various topics.

ADJOURN:

A motion by Commissioner Taylor to adjourn. The motion was seconded by Commissioner Peltier and carried unanimously.

(In the absence of the City Clerk, the minutes were respectfully submitted to the City Clerk by the Finance Director.)



_______________________________________
BILL HLAVACHICK, Mayor


(SEAL)

ATTEST:

_______________________________
LUANN KRAMER, City Clerk

Thursday, November 11, 2010

10/18/10 Approved City Commission minutes

MONDAY

OCTOBER 18, 2010

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

PRESENT: Jeff Taylor Vice-Mayor
Willy Peltier Commissioner
Victor Graf Commissioner
Gary Skaggs Commissioner

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

CALL TO ORDER:

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

Vice- Mayor Taylor reminded the audience that this meeting may be taped and/or recorded.

MINUTES:

A motion by Commissioner Skaggs to approve the minutes of the October 04, 2010 regular meeting. The motion was seconded by Commissioner Graf and carried unanimously.

OPEN AGENDA:

• Thank you from American Legion:

Mr. Rick Wittig from the American Legion stated that he wanted to thank the City for all that they did to keep the Legion up and running. Mr. Wittig commented that all was good now and that was due to the Commission doing away with their smoking ordinance, Building Inspector Brad Blankenship helping with the water repairs, and Public Works Director Russell Rambat and his crew for mowing. Mr. Wittig continued by mentioning the donation of utilities for two months, Electric Utilities Director Kelly Hemphill’s help with the air conditioning and Commissioner Skaggs for his input on taking care of the building. Vice-Mayor Taylor commented that we appreciate their presence in the community and that we were thankful for things getting better.

BUSINESS:

REVIEW AND DISCUSSION ON HUMANE SOCIETY AGREEMENT:

City Attorney Ken Van Blaricum commented that the agreement with the Humane Society had been approved a little over a year ago and it was time to do it again. Mr. Van Blaricum stated that he had redrafted the agreement and the wording had been cleared up. Mr. Van Blaricum added that this was not set in stone.

Mr. Van Blaricum explained that the terms of the agreement were that the City agreed to pay $1,000 per month by the fifteen following the date of the agreement and credit would be given on utilities in the amount of $6,000 yearly with no amount of carry-over from year to year. Mr. Van Blaricum continued explaining that the City was to be able to pick-up and deliver homeless animals to the shelter that are in violation of City ordinances and supply them with a vivid description of the animals and the shelter was to provide adequate space at all hours; however, if the Humane Society cannot provide that space, the City may make alternative arrangements and that expense will be deducted from the $1,000 monthly contribution.

Mr. Van Blaricum stated that the Humane Society has to comply with Federal and State laws concerning management control, but they are not responsible for picking up any animals and they are required to provide a notice of impoundment required by the Pratt Municipal Codes and they are also required to have proof of current vaccinations for any animal before their release. Mr. Van Blaricum added that the fees required by the Municipal Code can be kept by the Humane Society. Mr. Van Blaricum commented that the agreement would take effect January 1st, but may be terminated by either party with sixty days notice and the agreement was not assignable by either party.

Ms. Karen Detwiler, representative for the Humane Society, addressed the Commission about a situation two weeks ago when the City brought out seven dogs in one weekend. Ms. Detwiler commented that there was a verbal agreement that the Humane Society would keep four cages open; however, they had accommodated those animals. Ms. Detwiler explained that if they had not had room for all the dogs, the City would have taken them to alternate boarding, which would have been deducted from the monthly contribution and then they cannot pay their employees.

Ms. Detwiler explained that they have two part time employees and one full time manager, who receives $1,300 a month. Ms. Detwiler stated that that was half of what any City employee makes and the young lady puts in more than 40 hours a week. Ms. Detwiler added that the Humane Society was also responsible for matching shares of Social Security and workmen’s comp and they were not exempt from Federal rules. Ms. Detwiler commented that the employees have no benefits such as paid time off.

Ms. Detwiler stated that they had a successful garage sale last week-end and they had dog training classes last February, along with fund raisers such as aluminum can recycling, donation jars in twelve businesses and the cartridge recycle program in thirteen businesses. Ms. Detwiler commented that Dr. Spitzer makes weekly visits and also does euthanizing below rate. Ms. Detwiler added that Ms. Jody McDonald, who owns The Groom Room, takes care of grooming needs and makes sure the animals are bathed and treated for fleas.

Ms. Detwiler informed the Commission that the Humane Society was looking at the privately funded SNAP program for low income families and that they had taken care of 260 animals earlier through the grant. Ms. Detwiler commented that Ms. Pam Howell was working for the privately funded program and they were trying to keep the unwanted pet population down. Ms. Detwiler also explained that the employees in charge have to have knowledge of laws, injections for normal adoptions, knowledge of parvo and has the responsibility of deciding which animals need to be put down.

Ms. Detwiler stated that in looking at the contract, they would ask that animal control check with them before using alternate boarding and receive copies of invoices if an alternate boarding facility was used. Commissioner Taylor asked why they wanted a copy of the invoice. Ms. Detwiler explained that if they know why they were docked, they have people they can call and ask to help. Ms. Detwiler commented that they were also concerned that owners were not finding their animals since Dr. Skaggs does not want anyone contacting him to see if their animal is at his facility.

Ms. Detwiler also requested an increase in the monthly fee so that they have the funds to pay their manager a reasonable salary. Ms. Detwiler explained that with the population down and the economy failing, the donations are scarce and they would like to know, that when it was time to pay their staff, that the money was there. Commissioner Peltier questioned how communities, such as Hutchinson or Great Bend, were financed. Ms. Detwiler answered that they have volunteers and it was difficult to compare them to either City as their volunteer base is greater. Commissioner Skaggs questioned the Humane Society’s monthly expenses. Ms. Detwiler explained several and shared the profit and loss statement for June with the Commissioners. City Manager Dave Howard commented that the agreement was on the agenda this evening for discussion and not to be approved. Commissioner Skaggs asked if they would be able to provide a twelve month profit and loss statement by the next meeting. Ms. Detwiler stated that they would bring it to the City Clerk so that the Commissioners could have a copy to review.

REVIEW AND DISCUSSION ON AMERICAN LEGION LEASE AGREEMENT:

City Attorney Van Blaricum stated that the lease for the American Legion was about to expire on December 31st and he had redrafted it to clean up the language. Mr. Van Blaricum explained that the term starts January 1st and he suggested that the City go to a one year lease instead of a three year so that everything stays current. Mr. Van Blaricum commented that either party can terminate the lease with a thirty day notice. Commissioner Taylor questioned if thirty days was enough time. Mr. Van Blaricum offered sixty or ninety days as an option. Mr. Rick Wittig from the American Legion stated that ninety days would work best for them. Commissioner Taylor agreed.

Commissioner Peltier asked if they pay their lease by the year. Mr. Van Blaricum stated that they did and it was $20 per year. Commissioner Skaggs questioned what #C-3 means when it says that they will ‘not commit any waste’. Mr. Van Blaricum used the example that if shingles are off the roof and they do not do anything about it or anything of that nature. Mr. Van Blaricum commented that #C-g ensures that the American Legion has proper insurance. Mr. Wittig stated that they do and he would get the City a copy for their records.

Mr. Van Blaricum stated that under the mutual covenants in #5-1 it states that all fixtures installed by the American Legion may be removed by them at the expiration of the lease or the termination of the lease. Mr. Van Blaricum also pointed out that #5-2 pertained to the American Legion defaulting on other terms of the lease and having thirty days to fix the situation or the City could repossess the property. Commissioner Taylor commented that he felt that this one should stay at thirty days. Mr. Van Blaricum continued to explain that in #5-3, the American Legion cannot assign or sublet any part or all of the premises and #4 states that the American Legion was responsible for all taxes and assessments.

Commissioner Peltier questioned if the American Legion was covered if the City would sell. Mr. Van Blaricum stated that they were protected by the terms of the lease no matter who owns it. Commissioner Peltier asked if the lease goes with the property. City Manager Howard commented that the deed was specific as to what it had to be used for, such as parks, so it cannot be sold to anybody who would want to build a house. Mr. Wittig commented that he had visited with Mr. Clyde Williams and the land had been deeded by the Williams’ family for the American Legion and the building was owned by the City. Mr. Howard repeated that there were provisions in the deed that it could not be sold. Mr. Van Blaricum stated that it would take serious work to fix it if we were going to try and sell it, so it would be impractical. Commissioner Skaggs questioned if the utility expenses, rent and insurance were paid through memberships. Mr. Wittig answered that it was, but also through business.

Mr. Van Blaricum questioned if the Commission was in agreement with making the lease for one year instead of three. The Commission agreed. Mr. Van Blaricum commented that he would make the changes discussed and bring it back to them for approval.

REPORTS:

City Manager:

• H2O meeting:

City Manager Howard informed the Commission that the H2O committee would be starting a study on the surface and ground water and look into seeing if the lake water was feasible. Mr. Howard added that there was going to be a phone conference this Friday.

• Water Rights:

Mr. Howard commented that he had been working with Mr. Van Blaricum on protecting the City’s water rights and the parties interested in purchasing the Ethanol Plant would be more comfortable if an early extension was requested and approved by the State.

Public Works:

• Main Street update:

Public Works Director Russell Rambat commented that the contractors were focusing on Third Street and Main Street and they should be tying in on the west side of the intersection tomorrow and may do the east side also. Mr. Rambat explained that this was a smaller line and effects less businesses so they could do it in the middle of the day. Mr. Rambat stated that they have stayed in contact with the businesses and, if all goes well, the contractors should be out of Third Street in a week and a half. Commissioner Skaggs questioned if they were on schedule. Mr. Rambat stated that they were a little behind due to a minor leak on an air test and having to dig it up. Commissioner Skaggs asked if they had not tested it before covering it up. Mr. Rambat explained that it was over 7’ deep, so it was their call. Mr. Howard commented that they could go faster, but it would inconvenience the businesses, so we were a little at fault for them being behind.

• Stout Street Project:

Mr. Rambat stated that APAC had been patching large areas on Stout Street and then their plan was to have the milling machine in and lay asphalt Thursday. Mr. Rambat explained that they would start at the First State Bank and go up to School Street on one side with pavement and then come down the other side. Commissioner Skaggs questioned what was going on by Knight’s Construction. Mr. Rambat stated that they would be doing a mill and overlay. Mr. Rambat added that since the surface from Maple Street north to Stout Street was thicker and less material may be used, so they were looking at extending the project up to the cemetery and still staying within budget. Commissioner Skaggs asked if the street north of the cemetery was a City street. Mr. Rambat stated that that was maintained by the County and you can see the change in pavement.

• Maple Street Project:

Mr. Rambat stated that the Maple Street project would be working on the south lane and do the curb and gutter at the same time. Mr. Rambat explained that that should be done by the end of the week and then they would do a couple of intersections and inlets.

• Disc Golf tournament:

Mr. Rambat reminded the Commission that there would be the disc golf tournament this weekend at Lemon’s Park that had been approved earlier. Mr. Rambat added that the baskets were being moved this week and would be put back after the tournament.

• Back to Maple Street:

Commissioner Skaggs commented that he had noticed that the two drainage pipes on the south side of the box culvert on Maple Street had water that landed off of the cement pad and questioned if that would wash out in that area. Mr. Rambat answered that they would extend the pads out east and west if it became a problem.

Electric Departments:

• Replaced obsolete breaker:

Power Plant Superintendent Ernie Smith explained that the power plant had replaced an obsolete breaker in the east substation. Mr. Smith added that they had started the replacement last Monday and had it back in service Friday. Mr. Smith stated that the east loop breaker had become obsolete and was an on-going project of upgrades and they had had help from the line crew. Commissioner Taylor questioned how old the breaker was. Mr. Smith stated that they had been there when he started forty-two years ago.

Commission:

• S.P.I.R.I.T. 54 meeting:

Vice-Mayor Taylor commented that he had attended the S.P.I.R.I.T. 54 meeting with Commissioner Skaggs last Friday and they were glad they had gone. Vice-Mayor Taylor stated that the attendance was light along the corridor, but all four states were represented. Vice-Mayor Taylor added that there was not a representative from New Mexico.

Vice-Mayor Taylor started that Ms. Deb Miller had been there and he had had a good conversation with her. Vice-Mayor Taylor explained that the intent was to pave from the east side of Kingman, around Cunningham and then to the east side of Pratt. Vice-Mayor Taylor commented that the speakers had talked about economic development when a four-lane services you. Vice-Mayor Taylor added that they were happy that they had showed up and Mr. Jack Taylor from Liberal was glad that we were paying our money. Vice-Mayor Taylor commented that the project was already engineered and there was a high probability of getting it done early. City Manager Howard commented that once they get started, there was a good chance to finish. Vice-Mayor Taylor stated that the best guess was that portions of the project would be funded in 2011 thru 2020 and the bypass was in the comprehensive plan after 2021.

Commissioner Skaggs commented that Cunningham would be finished next year and that they have discussed the truck fees being increased to $100 annually to generate more revenue. Commissioner Skaggs explained that there were 5,000 vehicles on 54 Highway in a day and only 2,000 in Texas. Commissioner Skaggs stated that they encouraged a regional effort for this project since one community cannot do it. Commissioner Skaggs added the Ms. Miller can give one hour of information in five minutes and she was the right women for the job.

• Turn Signal on First Street:

Vice-Mayor Taylor commented that he had been approached about a turning signal at First Street and Main Street coming to the west and south on Highway 281. Vice-Mayor Taylor explained that they were not as concerned about 281 as 54 east since no one can get through. Vice-Mayor Taylor added that people cut down alleys or go down Jackson Street to avoid that intersection. Mr. Howard stated that he would talk to Director of Electric Utilities Kelly Hemphill about that. Commissioner Skaggs commented that the delayed signal signs were gone at First Street and Main Street and questioned if they were going to be replaced. Mr. Howard commented that they had probably come down in a storm, but he would get with Mr. Hemphill about that also.

• League meeting:

Commissioner Peltier commented that he had attended the League meeting last weekend and had spend time on economic development and grants. Commissioner Peltier explained that there are a lot of different things out there and there were good ideas shared over lunch. Commissioner Peltier suggested that someone from the City should attend every year.

Holcomb coal fired plant:

City Manager Howard commented that the Commission had passed a resolution some time back supporting the permit for the Holcomb coal fired plant and since then there had been changes on the Commission. Mr. Howard stated that KMEA and KMU were gearing Cities back up for their support. Mr. Howard added that we needed to revisit the resolution and discuss those items.

ADJOURN:

A motion by Commissioner Skaggs to adjourn. The motion was seconded by Commissioner Peltier and carried unanimously.


_____________________________________
JEFF TAYLOR, Vice-Mayor



(SEAL)

ATTEST:

__________________________________
LUANN KRAMER, City Clerk