TUESDAY
JULY 05, 2011
PRATT CITY COMMISSION – REGULAR COMMISSION MEETING
COMMISSION ROOM – 5:00 P.M.
1. CALL TO ORDER (Remind audience that meeting is being recorded and/or taped.)
2. ROLL CALL
3. MINUTES – June 20, 2011 Regular City Commission meeting
4. OPEN AGENDA - 1
5. BUSINESS:
5.1 Consideration and Approval of Street Closures for the Pratt Sidewalk Sale July 9th – Jan Scarbrough, Chamber Director
5.2 Consideration and Approval of West Side of Haskell Street Between 3rd and 4th Streets to be ‘No Parking’ – Dave Howard, City Manager
6. OPEN AGENDA – 2
7. REPORTS
7.1 City Manager
7.2 City Attorney
7.3 Department Heads
7.4 Mayor
7.5 City Commission
8. RECESS - Until 8 a.m. Monday, July 11, 2011 for Budget Work Session
Thursday, June 30, 2011
Tuesday, June 21, 2011
06/06/2011-Approved City Commission Meeting Minutes
MONDAY
JUNE 06, 2011
The Governing Body of the City of Pratt met in Regular session in the Commission Room located in City Hall.
PRESENT: Bill Hlavachick Vice-Mayor
Victor Graf Commissioner
Gary Skaggs Commissioner
Karen Detwiler Commissioner
ALSO PRESENT: Dave Howard City Manager
LuAnn Kramer City Clerk
Ken Van Blaricum City Attorney
Diana Garten Finance Director
Gary Myers ‘Acting’ 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:
The regular meeting was called to order by Vice-Mayor Hlavachick. The Vice-Mayor instructed the Clerk to note that all Commissioners were present with the exception of Mayor Taylor.
The Vice-Mayor reminded the audience that this meeting may be taped and/or recorded.
MINUTES:
Commissioner Detwiler commented that there was a correction to the minutes of the May 16th meeting. Commissioner Detwiler stated that on the last page, the article referenced did have how many miles, but she did not have the article in front of her and did say that it was over 200 miles and it was actually 270. Commissioner Detwiler also stated that the statement by City Manager Howard concerning taking up the asphalt to see if the sub-grade needs to be repaired and she did not believe he said that. Mr. Howard commented that he said you can look at the asphalt and tell if the sub-grade has failed. (Clerk checked the audio tape and Mr. Howard stated that ‘When you take up the asphalt you can see if the sub-grade needs repaired, which is part of the project to do that repair.’)
Commissioner Detwiler made a motion to accept the minutes with changes. The motion was seconded by Commissioner Graf and carried unanimously.
OPEN AGENDA:
• Comments from Mr. Luca Matei:
Country Club Apartments owner Luca Matei addressed the Commission and stated that politicians were the only people who can advance in their position without complications. Mr. Matei commented that others have to go to school for training. Mr. Matei commented that local government makes the laws and justice forces the laws on us, but some in society do not see the reality. Mr. Matei stated that the local government sees the reality and takes whatever measures they can to survive.
Mr. Matei stated that the problem he sees is the lazy, irresponsible, uneducated new generation. Mr. Matei discussed the situation of generations of single mothers, which were the worst of the worst. Mr. Matei commented that if you do not enforce the requirements, it destroys us. Mr. Matei commented that we have two destruction forces and one is that the government is ignorant and irresponsible and makes laws for us to take care of them and to take care of these people. Mr. Matei stated that fifty years ago, these same people, mentally retarded people, were not allowed to have kids. Mr. Matei added that now there are kids of the kids and we have to pay.
Mr. Matei stated that he wants to be here and this is a big problem that we face today. Mr. Matei commented that we have a government that tells us what to do, but they are on autopilot and going in one direction. Mr. Matei added that they lie to us. Commissioner Skaggs interrupted Mr. Matei and asked what level of government he was talking about and if it pertained to the City Commission. Mr. Matei commented that he was talking about how we deal with people who are ignorant and mentally sick, which cause trouble and he had called the sheriff and they could do nothing. Vice-Mayor Hlavachick commented that they probably cannot do anything. Vice-Mayor Hlavachick added that Mr. Matei was addressing social issues that we do not address and that we have no control over. Mr. Matei commented that maybe somebody could think to do something.
BUSINESS:
CONSIDERATION AND APPROVAL OF 3 MIL FOR THE PRATT PUBLIC LIBRARY 2012 BUDGET:
Ms. Rochelle Westerhaus, Library Board Secretary, stated that she was requesting three mil for their 2012 budget as they had in the past. Ms. Westerhaus commented that she had provided the Commission with a revised budget where they had removed one column, but the bottom line was the same.
Ms. Westerhaus commented that they had hired a part-time bookkeeper, which was a large change in the accounting along with hiring a janitor. Ms. Westerhaus pointed out that the comparison of the profit and loss from 2010 to 2011 showed a 28% loss in interest. Ms. Westerhaus explained that in 2010 there was a 36% loss in interest in their endowment and over three years there was an average of a 24% loss. Ms. Westerhaus commented that she would like the Commission to keep in mind that the interest rates had gone down and it was hard for them to meet their part of the budget. Ms. Westerhaus stated that they wanted to keep their level of service as high as it had been in the past, but there was going to be a time when some very hard decision may have to be made based on their lack of interest income. Vice-Mayor Hlavachick questioned if that was why they were no longer open on Saturday afternoons. Ms. Westerhaus stated that was correct.
Commissioner Skaggs questioned why they do not charge for their meeting room. Ms. Westerhaus commented that there had been 164 meetings in 2010 and times vary by group. Ms. Westerhaus added that it can be from one hour to the group that uses the auditorium for six hours every Friday. Commissioner Skaggs commented that the housekeeping budget increased from $9,000 to $12,000 and part of that time would have to be to clean the meeting room. Commissioner Skaggs added that he thought they would be entitled to a nominal fee of $10 or so. Ms. Westerhaus commented that they would not like to have to charge, but it may come to that. Ms. Westerhaus added that a lot of groups do not have large dues and this was important to them. Vice-Mayor Hlavachick questioned if the board wanted it to remain the same. Ms. Westerhaus stated that was correct. Commissioner Skaggs commented that he was sure the board had looked at this closely.
A motion by Commissioner Skaggs to continue the 3 mil levy as requested in the past for the upcoming year. The motion was seconded by Commissioner Graf and carried unanimously.
CONSIDERATION ON REQUEST FROM USD 382 FOR FUNDING OF ROAD TO NEW SOUTHWEST SCHOOL ADDITION:
Dr. Glen Davis, USD 382 Superintendent, addressed the Commission concerning a street improvement on Washington Street. Dr. Davis commented that the improvement would be prior to entering the Southwest School property, which would be an entry for buses and facility to use to get to a parking lot on the north side of the school. Dr. Davis explained that the street now has a crown in it that comes up to the property line and their engineers had done surveys on the water drainage in that area. Dr. Davis added that they were going to come up from a square flat surface that is tilted to the south up to a crowned street on the City side. Dr. Davis stated that a quote from their contractor for the 55’ on Washington Street came in at $17,000.00 and Public Works Director Russell Rambat also got a quote from a local contractor.
Dr. Davis stated that their concern was that the City make some improvements to the last 55’ in order to make the transition onto their property so they would not be faced with water issues or a hump in the road. Vice-Mayor Hlavachick commented that he drove down there and questioned if they wanted the street to turn in or be straight in. Dr. Davis stated that, when you leave the dead-end on Washington Street, it would curve into the parking lot. Dr. Davis pointed out the area on a map. City Manager Dave Howard commented that that area of Washington Street had always had standing water in the past, but no one used it, so it had not been an issue.
Commissioner Skaggs commented that we would want to take the lowest bid and asked if we had gotten more than one bid. Mr. Rambat stated that they had not and that B & H Builders was handy at the time since they had bid on the curb and gutter project and we tend to lean that way for jobs that come up during the summer. Mr. Rambat added that we can go through a formal bidding process and he thought it would be in our best interest for tonight’s discussion to have another quote available so we could look at all the options.
Commissioner Detwiler questioned if they could extend their approved street that joins on Washington Street and go to a gravel road that would run into the bus barn. Commissioner Detwiler explained that in talking about an entrance and exit, they could entrance the driveway on New Street, drop off the kids and go to the bus barn that is on the west side of the road. Dr. Davis commented that they could, but it would not be good for facility. Commissioner Detwiler asked if it was going to be a one way drive. Dr. Davis stated that there was a lot of congestion and the board wanted to relieve that, so they planned on angle parking in front of the building. Dr. Davis added that that would also be used for the parent drop off and pointed out on the map where the facility would park and the buses would come in and pick-up.
Commissioner Skaggs commented that this looked like the solution. Commissioner Detwiler questioned what the need was to tear out the current curb and gutter that goes to the property. Dr. Davis stated that the issue was standing water and that the City had to come in and trench it to get it to move across the property. Dr. Davis added that it was a problem now and would become a bigger problem with the traffic. City Manager Howard commented that the plan was to shed the water from the east all the way to the southwest side of Washington Street and it would drain from that point to the southwest. Mr. Howard explained that you would have to cut from the curb to the ditch, but, with the crown in the middle of the road, there would be water on the east side of that property. Mr. Howard explained that the crown would be on the eastern curb and our issue was that we do not know how much water was going to pool long that person’s property, which was their driveway. Mr. Rambat added that it was very flat in that area and we do have an interest in correcting the drainage there. Mr. Rambat explained that it is a couple of City blocks that drain to that point from Fifth Street south. Mr. Rambat stated that, at that point, the school would take the water on their side of the project and flume it into some existing drainage and continue to take it south. Commissioner Skaggs asked if the water would drain into the nature area. Mr. Rambat stated that was correct. Mr. Howard commented that standing water had always been a problem, but no one utilized that area. Mr. Rambat commented that the street department would come in periodically and tip it back to the west and we were going to take that tip and move it to the north, making it permanent in the street. Commissioner Detwiler questioned if it was only the 55’. Mr. Rambat stated that was correct.
Vice-Mayor Hlavachick questioned if the local quote included the curb and gutter. Mr. Rambat stated that it was the base work, curb and gutter and 6” reinforcement concrete for the street. Mr. Rambat added that that would stop at the property line and the school would take it from there. Mr. Howard explained that the estimate from the local contractor came from them bidding on the next agenda item and he had extended the same pricing on this bid. Mr. Rambat added that the contractor had also done a lot of the footing work at the school and was familiar with the project. Vice-Mayor Hlavachick questioned if we were shooting ourselves in the foot with one quote and it being over $10,000. Mr. Rambat commented that we could get others. Vice-Mayor Hlavachick commented that it was a good quote, but he did not want other contractors coming in later with a complaint. Mr. Howard stated that the school was pressed for time and this estimate was to help us make a decision on whether we were going to help them or not. City Attorney Ken Van Blaricum stated that he thought it would be wise to go out for bids. Commissioner Skaggs questioned if they could make a motion to allow the lowest bid. Mr. Van Blaricum commented that we could, but we do not always take the lowest bid and he suggested waiting. Vice-Mayor Hlavachick asked if the school could wait two weeks. Dr. Davis stated that they were going to build up to Washington Street, so the other was up to the City. Mr. Howard stated that we were agreeing to take care of the problem. The Commissioners were in agreement.
CONSIDERATION AND APPROVAL OF 2011 CURB, SIDEWALK REPLACEMENT PROJECT BIDS:
Public Works Director Russell Rambat commented that he had sent out the usual bids for the 2011 curb project. Mr. Rambat stated that APAC-Kansas had bid $120,635.55; B & H Builders bid was for $91,954 and Flatwork Specialist turned in a bid of $102,263.96. Mr. Rambat explained the areas included in the project and commented that he had tried to stay away from the downtown area. Mr. Rambat commented that he had spent about $140,000 last year and he had cut back since his funding sources had been reduced and he needs to spend a little more money on sealing later this year.
Mr. Rambat recommended to the Commission that they accept the low bid of $91,954 from B & H Builders. Mr. Rambat added that they were the winner last year and had done good work. A motion by Commissioner Graf to accept B & H Builders for $91,954. The motion was seconded by Commissioner Skaggs and carried unanimously.
CONSIDERATION AND APPROVAL OF PLAYGROUND EQUIPMENT FOR GEBHART PARK:
Recreation Director Bruce Pinkall commented that the Parks Advisory Board had met with Park Superintendent Mark Eckhoff at their last meeting to discuss the installation of new playground equipment at Gebhart Park. Mr. Pinkall stated that the board talked about it and they felt that the equipment presented to the Commission this evening addressed the age issue. Commissioner Graf stated that it was a lot better deal and was great for all ages. Commissioner Skaggs questioned if this was a budgeted item. Finance Director Diana Garten explained that it was budgeted in 2010 and did not get done due to time and not enough money, but the funds of $15,000 were encumbered and the remainder was budgeted for this year.
Commissioner Detwiler questioned if we had considered using tourism funds and explained that Zerger Park was on the highway and Gebhart Park was only a block off of the highway and both get a lot of tourist activity. Ms. Garten commented that it would qualify, but another option would be the alcohol tax since a third of that was required to be used for parks and recreation. Ms. Garten added that we had not used any of those funds for several years and that was where this project was targeted, but that that could be changed. Commissioner Detwiler asked if it could be split between the two. Ms. Garten stated that could be done also. Vice-Mayor Hlavachick commented that he had a hard time with the concept of using the bed tax for economic development and would like to see us use the alcohol tax since it was required. Commissioner Skaggs commented that he did agree with Commissioner Detwiler in that travelers do use parks and that they may not use Gebhart Park as much as Zerger Park. Commissioner Detwiler commented that they have a duplex there and it was used a lot.
A motion by Commissioner Detwiler to approve the playground equipment for Gebhart Park as presented, paying for it by using half from the alcohol tax and half from the bed tax. The motion was seconded by Commissioner Graf and carried unanimously.
Mr. Pinkall stated that the board was excited about being involved. Vice-Mayor Hlavachick commented that they put in a lot of work and he would tell them personally.
CONSIDERATION AND APPROVAL OF QUOTE FOR TRANSFORMERS FOR STOCK:
Director of Electric Utilities Kelly Hemphill informed the Commission that they had sent out three bids for transformers for stock and received three back. Mr. Hemphill stated that Stanion Wholesale Electric had bid $35,131.38, Kriz-Davis Co. bid $41,332.01 and Solomon Electric had bid $45,856.42 and all the lead times were close to the same. Mr. Hemphill commented that the distribution group recommended Stanion Wholesale Electric due to the lower cost.
Commissioner Graf commented that he was glad that Stanion’s got the bid and that he had mentioned at the last meeting that he would like for Commissioners to be notified of bid openings so they could be there if they wanted and he had not been notified. Commissioner Graf pointed out that the bids read that they were due and to be opened on May 31st, but were stamped June 1st. Commissioner Graf questioned if we had not followed the procedure we put out. City Manager Howard commented that the curb and gutter bids were opened after the last Commission meeting, which Mr. Rambat had not been at. Mr. Howard explained that due to the 8:00 a.m. meeting with Clean Line Energy, they were halfway through opening them before he (Mr. Howard) had gotten there; therefore, he had not had time to visit with Mr. Rambat. Mr. Howard commented that he was not sure what happened on this bid and that technically they should be opened on the day they are to be turned in, but the important point here was that they were received before the time they were due at 3:00 p.m. Mr. Howard stated that the time was stated so that on bigger bids, contractors and/or vendors could come to the bid openings.
Commissioner Skaggs questioned if we stamp something on the envelope with the date and time we received it. Mr. Howard stated that we do not stamp the envelope. Commissioner Detwiler commented that the State of Kansas had a stamp in the mail room that had a time clock and all bids were run through that when they arrive and bids were opened publically and in front of the Commission. Commissioner Detwiler stated that she felt it would be nice if the Commissioners were notified and she agreed that the envelopes should be stamped when they were received. Mr. Howard explained that the bid openings would be in the agenda packets for the Commission’s information if the bid was within the next two weeks. Commissioner Detwiler commented that there had been a faxed bid in an older packet. Mr. Howard stated that faxes can be accepted for proposals, but not bids. Commissioner Graf commented that, on the bids for the water project in the last packet, the boring bid came in as a fax and after the date and time and we took the one that was faxed. Mr. Howard commented that we should not have accepted it if we were doing the actual bid. Mr. Howard stated that he would research that and it would not happen again.
After little more discussion, Commissioner Skaggs made a motion to accept the low bid of $35,131.38 from Stanion Electric for stock transformers for the distribution department. The motion was seconded by Commissioner Graf and carried unanimously.
Vice-Mayor Hlavachick questioned if the bid procedure required they be opened by the Commission. Mr. Howard answered that it was not required in our form of government. Mr. Howard added that the Commissioners would be notified either by information in their packets or e-mail.
DISCUSSION ON ‘OPERATE GENERATION FOR SPP OPERATIONAL PERFORMANCE TEST & LOAD TAP CHANGER INSPECTION’:
Director of Electric Utilities Kelly Hemphill commented that they would be doing an operation performance test per the agreement with Mid-Kansas Electric Cooperative, which governs how we are interconnected. Mr. Hemphill commented that we have to start up the 14 mega steam unit and inspect the transformer while at it. Mr. Hemphill explained that they would also look at the low tap changer and would be able to understand if we were going to be in good shape for the summer.
Mr. Howard commented that we cannot check the tap changer if we are buying generation and we are required yearly to fire the steam engine up to load and verify to them that we can operate. Vice-Mayor Hlavachick commented that this was not anything that we had not done before. Mr. Howard agreed and added that we had been testing every year for the last couple of years. Mr. Howard stated that, in the event that there was something that needed repaired, which there were no indications of that, they would not close the transformer back up, but would overnight parts and keep it running.
OPEN AGENDA #2:
No one in the audience wished to address the Commission.
REPORTS:
City Manager:
• Downtown started:
City Manager Howard commented that they had started downtown and they were removing the bricks and tearing up the concrete base. Mr. Howard added that there have been little things come up, but we were tweaking as we go along.
Mr. Howard commented that the Leadership class was looking to do a project with the bricks and they were open to anything. Commissioner Detwiler commented that there were a lot of bricks and questioned if we were going to use some to fix other streets. Mr. Howard stated that there was a demand for them and we were allowing people to get them at the west landfill. Mr. Howard added that we would be keeping a considerable number for repairs. Public Works Director Rambat commented that we have some already and that there were two sizes between Jackson Street and Main Street, but they were cleaned and ready to go. Mr. Rambat stated that the first phase of bricks were fair game. Mr. Howard commented that there had been a lot of bricks taken out of there, but you would not know it.
Commissioner Skaggs questioned if the cross walks would be brick. Mr. Howard stated that they were going to be done in pavers. Mr. Rambat added that the pavers were more square and redder, but give the look of a paved crosswalk. Vice-Mayor Hlavachick commented that Kingman had done theirs with pavers and they were nice looking.
• Bypass update:
Mr. Howard commented that the Government had awarded the Department of Transportation the funds to continue the bypass, which would come towards Pratt and would be short of where our bypass takes off and should start in 2013.
City Attorney:
• Bind weed:
City Attorney Van Blaricum commented that we had discussed what our options were concerning bind weed on private property and the owner not controlling it. Mr. Van Blaricum stated that K.S.A. 2-1318 stated that the County weed supervisor is directed to ascertain each year the approximate amount of land and highways infested with each kind of noxious weed and its location in the County and that includes the City. Mr. Van Blaricum stated that the City could set up their own fund and tax levy for noxious weed and part of the problem with bind weed was having the money available to take care of it.
Mr. Van Blaricum commented that K.S.A. 2-1319 states that if the weed is on public property, the expense is to be paid for by the public subdivision and all other private owners should pay the cost. Mr. Van Blaricum stated that the City could purchase chemical materials from the County Commissioners in the amount not more than 50% to 75% more and to be used on privately owned property. Mr. Van Blaricum added that the problem he sees with that is that it puts the County in competition with hardware stores, so they do not sell it in small quantities.
Mr. Van Blaricum stated that Mr. Dean Staab agreed to send a letter to anyone in the City and ask them to treat it, but the County does not have the resources to back it up. Mr. Van Blaricum commented that some deal with it and treat it the same way the City or County would. Mr. Van Blaricum explained that if the City had to treat the problem, it was a multi-year project and was expensive. Mr. Van Blaricum stated that the City could set up their own mil levy for noxious weeds, but that would require a raise in taxes to get aggressive. Finance Director Garten stated that we have a noxious weeds fund that is used to control weeds on public property.
Mr. Rambat commented that Park Superintendent Mark Eckhoff had been working on this in obvious areas, but it gets into gray areas if we drop it in someone else’s yard. Commissioner Skaggs commented that it destroys good grass so, at a minimum, we should take care of our own. Mr. Rambat commented that it was being addressed. Commissioner Skaggs questioned if the staff from parks was enough to take care of bind weed. Mr. Rambat stated that it was a multi-stage treatment and there were other things to do, but Mr. Eckhoff knows that it is a detriment. Mr. Rambat added that street department employee, Mr. Eddie Gould, takes care of some it.
Commissioner Skaggs questioned if we have a license. Mr. Rambat stated that, as a government agency, we can get around that where a common person cannot. Vice-Mayor Hlavachick commented that he felt that the City had done a good job of keeping it confined. Commissioner Skaggs commented that, at a minimum, we need to see that park and street departments are not ignoring it because it is going to get worse. Commissioner Skaggs added that commercial mowers carry the seed from park to park. Vice-Mayor Hlavachick added that combines spread the seed everywhere they go. Mr. Howard stated that we would do what we can.
Public Works:
• Phase 1 on website:
Public Works Director Rambat commented that we were working on posting the parking maps on phase one of the Main Street project on the City website, which might help locals and out-of-towners.
• Pool repair:
Mr. Rambat commented that they would be shutting down the pool for half a day in the next week or two to install a new pump. Mr. Rambat explained that over the last couple of years we had lost some pressure. Mr. Rambat added that we would not mess with swim lessons or parties.
Recreation Dept.:
• Main Street update:
Recreation Director Pinkall commented that the Main Street project had a positive start and there had been a lot of communication from businesses. Mr. Pinkall stated that we had addressed any concerns and had followed some of their ideas.
Power Plant:
• Generation:
Power Plant Superintendent Ernie Smith commented that Sunflower Electric would be asking us to generate sometime this week with the temperatures rising and we were prepared to do that. Mr. Howard added that we do get paid for that.
Finance Dept.:
• Sales tax:
Finance Director Garten stated that sales tax was up $43,000.
• Budget process:
Ms. Garten stated that the budget process was underway and she had given the Commission a tentative budget schedule. Mr. Howard commented that the Commission should let Ms. Garten know if there was anything they wanted to discuss during the budget session. Ms. Garten added that the budget session had been one day the last couple of years, but we schedule two in case it is needed. Commissioner Detwiler asked how soon they would receive the budget pages. Ms. Garten answered that it depends on how quickly she gets information from the County, which would be after July 1st. Ms. Garten commented that she would try to get it the week of or a few days before, depending on how information filters in.
Commission:
• Infrastructure on streets:
Commissioner Detwiler questioned if anyone had checked on the infrastructure done on City streets that she had discussed at the last meeting and Commissioner Detwiler added that the cost to Hutchinson was $2,200 per mile. Mr. Rambat answered that he had emailed the gentleman and he had asked for the miles and streets in Pratt. Mr. Rambat commented that he guessed that the Hutchinson quote was lower due to miles. Mr. Rambat stated that he would have something for the next meeting.
• Speed bumps in Lemon’s:
Commissioner Detwiler commented that she felt that there should be some speed control in Lemon’s and Sixth Street Parks. Commissioner Detwiler explained that there was a young person flying out of the park and another person had to hit their brakes to avoid an accident. Mr. Howard commented that we would look into options around the entrance and parking for Lemon’s Park and ways to define it. Commissioner Detwiler commented that speed bumps would get the traffic to slow down. Commissioner Detwiler added that she understood that was not something that was favorable with Mr. Eckhoff during snow removal. Mr. Howard stated that Mr. Rambat did the snow removal, but safety was more important. Mr. Howard added that the decision was up to the Commission.
Commissioner Detwiler commented that they would need to be something that bikes could get around. Mr. Howard commented that bikes have to obey the speed as well. Mr. Rambat stated that there were speed bumps with a gap so they could get through and we could do temporaries as a test. Commissioner Skaggs suggested putting them at the crosswalks at a minimum. Vice-Mayor Hlavachick questioned if the police had ticketed many people. Acting Police Chief Gary Myers commented that they do not.
Mr. Howard commented that they would look at it and see if there were other things to do. Commissioner Detwiler suggested the digital speed signs. Mr. Howard stated that they would look into it. Acting Chief Myers commented that when there are major problems, they set up special enforcement with hand held lasers. Commissioner Detwiler commented that it should be done without a police vehicle. Commissioner Skaggs commented that if that was done periodically, it would get the message out there. Vice-Mayor Hlavachick stated that he preferred that to the speed bumps. Mr. Howard commented that he would have the police department start tonight.
• Repairs at the Municipal Building:
Commissioner Skaggs questioned if there was an overall plan for improvement at the Municipal Building. Commissioner Skaggs commented that he had noticed plaster damage below the windows and a contractor working on the ladies restroom. Mr. Pinkall commented that the plaster issue was in other areas and would be repaired this summer. Mr. Pinkall added that the ladies restroom was first, then the kitchen, followed by the plaster, then carpet.
Mr. Howard commented that there had not been much done to the Municipal Building for several years when the Blythe Foundation had considered connecting it with the Parish Hotel, but that, of course, was not going to happen. Mr. Pinkall stated that the restroom had run into issues with the plumbing in the wall that required the removal of concrete and then it went into the floor, so a contractor got involved. Commissioner Skaggs commented that he does not want to see buildings neglected and we need to maintain what we have. Mr. Pinkall stated that we were trying to do that.
• Camera for Police Dept.:
Commissioner Graf commented that he had visited with police officers and they were tickled with the cages. Commissioner Graf added that that should have been done a long time ago. Commissioner Graf questioned where we were on getting cameras for the police department. Mr. Howard commented that they can be budgeted for. Commissioner Graf asked if it had to be in the budget if we use drug money. Mr. Howard stated that we would need to get prices and you had to be cautious spending drug money, but it was up to the Commissioners. Commissioner Graf questioned if there was a cash reserve used for police stuff. Mr. Howard stated that we do, but drug money can be used for other City things if it benefits the police department.
Commissioner Graf stated that he could not see putting the cameras off until budget since they protect the officers and the person getting stopped. Mr. Howard reminded the Commission that you have to have a custodial records person and who we would get to do that was another issue. Mr. Howard added that if there were court cases where they want to see a tape, you have to know who has access to where they are stored. Mr. Howard added that you have to develop a procedure to ensure that there is no manipulation of the device and that should all be in place before the cameras are purchased.
Commissioner Graf commented that he had visited with Wichita and Conway Springs and they could not believe that we do not have them. Mr. Howard commented that he did not disagree, but the procedure was important. Commissioner Detwiler questioned if it was not undoable. Mr. Howard stated that it could be done and we could get with another police department and plagiarize their procedure so that we cannot be accused of manipulation. Commissioner Detwiler commented that she felt we should get the cameras as soon as possible. Vice-Mayor Hlavachick questioned if Commissioner Detwiler wanted to purchase them now rather than budget for them. Commissioner Detwiler stated that we could use the drug money.
‘Acting’ Police Chief Myers commented that there were different types of media that can be used such as media cards from Digital Ally or cd’s from Watch Guard. ‘Acting’ Chief Myers added that he had gotten a quote from Digital Ally for $70,000 and no installation, but Watch Guard had not returned any figures and he felt that they would be higher than Digital Ally.
Commissioner Skaggs questioned how much we had in drug money. Mr. Howard commented that it was around $200,000. Commissioner Detwiler questioned if we had an airplane sell pending. ‘Acting’ Chief Myers commented that we were working on that, but there were issues on the value of it. ‘Acting’ Chief Myers added that we do not want to give it away and it was possible that we might get a minimum of $30,000 or the maximum of $70,000 to $80,000. ‘Acting’ Chief Myers explained that they were going to put a publication in a magazine, but it had not been decided whether we would do sealed bids or sell outright.
Mr. Howard commented on the taser issue and informed the Commission that he had visited with Sheriff Vernon Chinn and the County has seven or eight tasers for his department. Mr. Howard commented that Sheriff Chinn has concerns with tasers and would be willing to come and discuss it if we want to pursue the issue. Commissioner Graf stated that he would like for him to come in. Commissioner Graf commented that the security guy at McDonald’s in Wichita carries a taser as do the security at River Fest. Commissioner Graf added that tasers could stop someone and a wand could mess it up. Mr. Howard commented that he would let Sheriff Chinn tell Commissioner Graf about them, but he had said that they do kill and we need to strongly think about it.
• Congratulations:
Vice-Mayor Hlavachick stated that he wanted to congratulate Mr. Jeff Hoffman from distribution on obtaining the status of Journeyman Lineman.
ADJOURN:
A motion by Commissioner Skaggs to adjourn. The motion was seconded by Commissioner Graf and carried unanimously.
_______________________________________
JEFF A. TAYLOR, Mayor
(SEAL)
ATTEST:
___________________________________
LUANN KRAMER, City Clerk
JUNE 06, 2011
The Governing Body of the City of Pratt met in Regular session in the Commission Room located in City Hall.
PRESENT: Bill Hlavachick Vice-Mayor
Victor Graf Commissioner
Gary Skaggs Commissioner
Karen Detwiler Commissioner
ALSO PRESENT: Dave Howard City Manager
LuAnn Kramer City Clerk
Ken Van Blaricum City Attorney
Diana Garten Finance Director
Gary Myers ‘Acting’ 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:
The regular meeting was called to order by Vice-Mayor Hlavachick. The Vice-Mayor instructed the Clerk to note that all Commissioners were present with the exception of Mayor Taylor.
The Vice-Mayor reminded the audience that this meeting may be taped and/or recorded.
MINUTES:
Commissioner Detwiler commented that there was a correction to the minutes of the May 16th meeting. Commissioner Detwiler stated that on the last page, the article referenced did have how many miles, but she did not have the article in front of her and did say that it was over 200 miles and it was actually 270. Commissioner Detwiler also stated that the statement by City Manager Howard concerning taking up the asphalt to see if the sub-grade needs to be repaired and she did not believe he said that. Mr. Howard commented that he said you can look at the asphalt and tell if the sub-grade has failed. (Clerk checked the audio tape and Mr. Howard stated that ‘When you take up the asphalt you can see if the sub-grade needs repaired, which is part of the project to do that repair.’)
Commissioner Detwiler made a motion to accept the minutes with changes. The motion was seconded by Commissioner Graf and carried unanimously.
OPEN AGENDA:
• Comments from Mr. Luca Matei:
Country Club Apartments owner Luca Matei addressed the Commission and stated that politicians were the only people who can advance in their position without complications. Mr. Matei commented that others have to go to school for training. Mr. Matei commented that local government makes the laws and justice forces the laws on us, but some in society do not see the reality. Mr. Matei stated that the local government sees the reality and takes whatever measures they can to survive.
Mr. Matei stated that the problem he sees is the lazy, irresponsible, uneducated new generation. Mr. Matei discussed the situation of generations of single mothers, which were the worst of the worst. Mr. Matei commented that if you do not enforce the requirements, it destroys us. Mr. Matei commented that we have two destruction forces and one is that the government is ignorant and irresponsible and makes laws for us to take care of them and to take care of these people. Mr. Matei stated that fifty years ago, these same people, mentally retarded people, were not allowed to have kids. Mr. Matei added that now there are kids of the kids and we have to pay.
Mr. Matei stated that he wants to be here and this is a big problem that we face today. Mr. Matei commented that we have a government that tells us what to do, but they are on autopilot and going in one direction. Mr. Matei added that they lie to us. Commissioner Skaggs interrupted Mr. Matei and asked what level of government he was talking about and if it pertained to the City Commission. Mr. Matei commented that he was talking about how we deal with people who are ignorant and mentally sick, which cause trouble and he had called the sheriff and they could do nothing. Vice-Mayor Hlavachick commented that they probably cannot do anything. Vice-Mayor Hlavachick added that Mr. Matei was addressing social issues that we do not address and that we have no control over. Mr. Matei commented that maybe somebody could think to do something.
BUSINESS:
CONSIDERATION AND APPROVAL OF 3 MIL FOR THE PRATT PUBLIC LIBRARY 2012 BUDGET:
Ms. Rochelle Westerhaus, Library Board Secretary, stated that she was requesting three mil for their 2012 budget as they had in the past. Ms. Westerhaus commented that she had provided the Commission with a revised budget where they had removed one column, but the bottom line was the same.
Ms. Westerhaus commented that they had hired a part-time bookkeeper, which was a large change in the accounting along with hiring a janitor. Ms. Westerhaus pointed out that the comparison of the profit and loss from 2010 to 2011 showed a 28% loss in interest. Ms. Westerhaus explained that in 2010 there was a 36% loss in interest in their endowment and over three years there was an average of a 24% loss. Ms. Westerhaus commented that she would like the Commission to keep in mind that the interest rates had gone down and it was hard for them to meet their part of the budget. Ms. Westerhaus stated that they wanted to keep their level of service as high as it had been in the past, but there was going to be a time when some very hard decision may have to be made based on their lack of interest income. Vice-Mayor Hlavachick questioned if that was why they were no longer open on Saturday afternoons. Ms. Westerhaus stated that was correct.
Commissioner Skaggs questioned why they do not charge for their meeting room. Ms. Westerhaus commented that there had been 164 meetings in 2010 and times vary by group. Ms. Westerhaus added that it can be from one hour to the group that uses the auditorium for six hours every Friday. Commissioner Skaggs commented that the housekeeping budget increased from $9,000 to $12,000 and part of that time would have to be to clean the meeting room. Commissioner Skaggs added that he thought they would be entitled to a nominal fee of $10 or so. Ms. Westerhaus commented that they would not like to have to charge, but it may come to that. Ms. Westerhaus added that a lot of groups do not have large dues and this was important to them. Vice-Mayor Hlavachick questioned if the board wanted it to remain the same. Ms. Westerhaus stated that was correct. Commissioner Skaggs commented that he was sure the board had looked at this closely.
A motion by Commissioner Skaggs to continue the 3 mil levy as requested in the past for the upcoming year. The motion was seconded by Commissioner Graf and carried unanimously.
CONSIDERATION ON REQUEST FROM USD 382 FOR FUNDING OF ROAD TO NEW SOUTHWEST SCHOOL ADDITION:
Dr. Glen Davis, USD 382 Superintendent, addressed the Commission concerning a street improvement on Washington Street. Dr. Davis commented that the improvement would be prior to entering the Southwest School property, which would be an entry for buses and facility to use to get to a parking lot on the north side of the school. Dr. Davis explained that the street now has a crown in it that comes up to the property line and their engineers had done surveys on the water drainage in that area. Dr. Davis added that they were going to come up from a square flat surface that is tilted to the south up to a crowned street on the City side. Dr. Davis stated that a quote from their contractor for the 55’ on Washington Street came in at $17,000.00 and Public Works Director Russell Rambat also got a quote from a local contractor.
Dr. Davis stated that their concern was that the City make some improvements to the last 55’ in order to make the transition onto their property so they would not be faced with water issues or a hump in the road. Vice-Mayor Hlavachick commented that he drove down there and questioned if they wanted the street to turn in or be straight in. Dr. Davis stated that, when you leave the dead-end on Washington Street, it would curve into the parking lot. Dr. Davis pointed out the area on a map. City Manager Dave Howard commented that that area of Washington Street had always had standing water in the past, but no one used it, so it had not been an issue.
Commissioner Skaggs commented that we would want to take the lowest bid and asked if we had gotten more than one bid. Mr. Rambat stated that they had not and that B & H Builders was handy at the time since they had bid on the curb and gutter project and we tend to lean that way for jobs that come up during the summer. Mr. Rambat added that we can go through a formal bidding process and he thought it would be in our best interest for tonight’s discussion to have another quote available so we could look at all the options.
Commissioner Detwiler questioned if they could extend their approved street that joins on Washington Street and go to a gravel road that would run into the bus barn. Commissioner Detwiler explained that in talking about an entrance and exit, they could entrance the driveway on New Street, drop off the kids and go to the bus barn that is on the west side of the road. Dr. Davis commented that they could, but it would not be good for facility. Commissioner Detwiler asked if it was going to be a one way drive. Dr. Davis stated that there was a lot of congestion and the board wanted to relieve that, so they planned on angle parking in front of the building. Dr. Davis added that that would also be used for the parent drop off and pointed out on the map where the facility would park and the buses would come in and pick-up.
Commissioner Skaggs commented that this looked like the solution. Commissioner Detwiler questioned what the need was to tear out the current curb and gutter that goes to the property. Dr. Davis stated that the issue was standing water and that the City had to come in and trench it to get it to move across the property. Dr. Davis added that it was a problem now and would become a bigger problem with the traffic. City Manager Howard commented that the plan was to shed the water from the east all the way to the southwest side of Washington Street and it would drain from that point to the southwest. Mr. Howard explained that you would have to cut from the curb to the ditch, but, with the crown in the middle of the road, there would be water on the east side of that property. Mr. Howard explained that the crown would be on the eastern curb and our issue was that we do not know how much water was going to pool long that person’s property, which was their driveway. Mr. Rambat added that it was very flat in that area and we do have an interest in correcting the drainage there. Mr. Rambat explained that it is a couple of City blocks that drain to that point from Fifth Street south. Mr. Rambat stated that, at that point, the school would take the water on their side of the project and flume it into some existing drainage and continue to take it south. Commissioner Skaggs asked if the water would drain into the nature area. Mr. Rambat stated that was correct. Mr. Howard commented that standing water had always been a problem, but no one utilized that area. Mr. Rambat commented that the street department would come in periodically and tip it back to the west and we were going to take that tip and move it to the north, making it permanent in the street. Commissioner Detwiler questioned if it was only the 55’. Mr. Rambat stated that was correct.
Vice-Mayor Hlavachick questioned if the local quote included the curb and gutter. Mr. Rambat stated that it was the base work, curb and gutter and 6” reinforcement concrete for the street. Mr. Rambat added that that would stop at the property line and the school would take it from there. Mr. Howard explained that the estimate from the local contractor came from them bidding on the next agenda item and he had extended the same pricing on this bid. Mr. Rambat added that the contractor had also done a lot of the footing work at the school and was familiar with the project. Vice-Mayor Hlavachick questioned if we were shooting ourselves in the foot with one quote and it being over $10,000. Mr. Rambat commented that we could get others. Vice-Mayor Hlavachick commented that it was a good quote, but he did not want other contractors coming in later with a complaint. Mr. Howard stated that the school was pressed for time and this estimate was to help us make a decision on whether we were going to help them or not. City Attorney Ken Van Blaricum stated that he thought it would be wise to go out for bids. Commissioner Skaggs questioned if they could make a motion to allow the lowest bid. Mr. Van Blaricum commented that we could, but we do not always take the lowest bid and he suggested waiting. Vice-Mayor Hlavachick asked if the school could wait two weeks. Dr. Davis stated that they were going to build up to Washington Street, so the other was up to the City. Mr. Howard stated that we were agreeing to take care of the problem. The Commissioners were in agreement.
CONSIDERATION AND APPROVAL OF 2011 CURB, SIDEWALK REPLACEMENT PROJECT BIDS:
Public Works Director Russell Rambat commented that he had sent out the usual bids for the 2011 curb project. Mr. Rambat stated that APAC-Kansas had bid $120,635.55; B & H Builders bid was for $91,954 and Flatwork Specialist turned in a bid of $102,263.96. Mr. Rambat explained the areas included in the project and commented that he had tried to stay away from the downtown area. Mr. Rambat commented that he had spent about $140,000 last year and he had cut back since his funding sources had been reduced and he needs to spend a little more money on sealing later this year.
Mr. Rambat recommended to the Commission that they accept the low bid of $91,954 from B & H Builders. Mr. Rambat added that they were the winner last year and had done good work. A motion by Commissioner Graf to accept B & H Builders for $91,954. The motion was seconded by Commissioner Skaggs and carried unanimously.
CONSIDERATION AND APPROVAL OF PLAYGROUND EQUIPMENT FOR GEBHART PARK:
Recreation Director Bruce Pinkall commented that the Parks Advisory Board had met with Park Superintendent Mark Eckhoff at their last meeting to discuss the installation of new playground equipment at Gebhart Park. Mr. Pinkall stated that the board talked about it and they felt that the equipment presented to the Commission this evening addressed the age issue. Commissioner Graf stated that it was a lot better deal and was great for all ages. Commissioner Skaggs questioned if this was a budgeted item. Finance Director Diana Garten explained that it was budgeted in 2010 and did not get done due to time and not enough money, but the funds of $15,000 were encumbered and the remainder was budgeted for this year.
Commissioner Detwiler questioned if we had considered using tourism funds and explained that Zerger Park was on the highway and Gebhart Park was only a block off of the highway and both get a lot of tourist activity. Ms. Garten commented that it would qualify, but another option would be the alcohol tax since a third of that was required to be used for parks and recreation. Ms. Garten added that we had not used any of those funds for several years and that was where this project was targeted, but that that could be changed. Commissioner Detwiler asked if it could be split between the two. Ms. Garten stated that could be done also. Vice-Mayor Hlavachick commented that he had a hard time with the concept of using the bed tax for economic development and would like to see us use the alcohol tax since it was required. Commissioner Skaggs commented that he did agree with Commissioner Detwiler in that travelers do use parks and that they may not use Gebhart Park as much as Zerger Park. Commissioner Detwiler commented that they have a duplex there and it was used a lot.
A motion by Commissioner Detwiler to approve the playground equipment for Gebhart Park as presented, paying for it by using half from the alcohol tax and half from the bed tax. The motion was seconded by Commissioner Graf and carried unanimously.
Mr. Pinkall stated that the board was excited about being involved. Vice-Mayor Hlavachick commented that they put in a lot of work and he would tell them personally.
CONSIDERATION AND APPROVAL OF QUOTE FOR TRANSFORMERS FOR STOCK:
Director of Electric Utilities Kelly Hemphill informed the Commission that they had sent out three bids for transformers for stock and received three back. Mr. Hemphill stated that Stanion Wholesale Electric had bid $35,131.38, Kriz-Davis Co. bid $41,332.01 and Solomon Electric had bid $45,856.42 and all the lead times were close to the same. Mr. Hemphill commented that the distribution group recommended Stanion Wholesale Electric due to the lower cost.
Commissioner Graf commented that he was glad that Stanion’s got the bid and that he had mentioned at the last meeting that he would like for Commissioners to be notified of bid openings so they could be there if they wanted and he had not been notified. Commissioner Graf pointed out that the bids read that they were due and to be opened on May 31st, but were stamped June 1st. Commissioner Graf questioned if we had not followed the procedure we put out. City Manager Howard commented that the curb and gutter bids were opened after the last Commission meeting, which Mr. Rambat had not been at. Mr. Howard explained that due to the 8:00 a.m. meeting with Clean Line Energy, they were halfway through opening them before he (Mr. Howard) had gotten there; therefore, he had not had time to visit with Mr. Rambat. Mr. Howard commented that he was not sure what happened on this bid and that technically they should be opened on the day they are to be turned in, but the important point here was that they were received before the time they were due at 3:00 p.m. Mr. Howard stated that the time was stated so that on bigger bids, contractors and/or vendors could come to the bid openings.
Commissioner Skaggs questioned if we stamp something on the envelope with the date and time we received it. Mr. Howard stated that we do not stamp the envelope. Commissioner Detwiler commented that the State of Kansas had a stamp in the mail room that had a time clock and all bids were run through that when they arrive and bids were opened publically and in front of the Commission. Commissioner Detwiler stated that she felt it would be nice if the Commissioners were notified and she agreed that the envelopes should be stamped when they were received. Mr. Howard explained that the bid openings would be in the agenda packets for the Commission’s information if the bid was within the next two weeks. Commissioner Detwiler commented that there had been a faxed bid in an older packet. Mr. Howard stated that faxes can be accepted for proposals, but not bids. Commissioner Graf commented that, on the bids for the water project in the last packet, the boring bid came in as a fax and after the date and time and we took the one that was faxed. Mr. Howard commented that we should not have accepted it if we were doing the actual bid. Mr. Howard stated that he would research that and it would not happen again.
After little more discussion, Commissioner Skaggs made a motion to accept the low bid of $35,131.38 from Stanion Electric for stock transformers for the distribution department. The motion was seconded by Commissioner Graf and carried unanimously.
Vice-Mayor Hlavachick questioned if the bid procedure required they be opened by the Commission. Mr. Howard answered that it was not required in our form of government. Mr. Howard added that the Commissioners would be notified either by information in their packets or e-mail.
DISCUSSION ON ‘OPERATE GENERATION FOR SPP OPERATIONAL PERFORMANCE TEST & LOAD TAP CHANGER INSPECTION’:
Director of Electric Utilities Kelly Hemphill commented that they would be doing an operation performance test per the agreement with Mid-Kansas Electric Cooperative, which governs how we are interconnected. Mr. Hemphill commented that we have to start up the 14 mega steam unit and inspect the transformer while at it. Mr. Hemphill explained that they would also look at the low tap changer and would be able to understand if we were going to be in good shape for the summer.
Mr. Howard commented that we cannot check the tap changer if we are buying generation and we are required yearly to fire the steam engine up to load and verify to them that we can operate. Vice-Mayor Hlavachick commented that this was not anything that we had not done before. Mr. Howard agreed and added that we had been testing every year for the last couple of years. Mr. Howard stated that, in the event that there was something that needed repaired, which there were no indications of that, they would not close the transformer back up, but would overnight parts and keep it running.
OPEN AGENDA #2:
No one in the audience wished to address the Commission.
REPORTS:
City Manager:
• Downtown started:
City Manager Howard commented that they had started downtown and they were removing the bricks and tearing up the concrete base. Mr. Howard added that there have been little things come up, but we were tweaking as we go along.
Mr. Howard commented that the Leadership class was looking to do a project with the bricks and they were open to anything. Commissioner Detwiler commented that there were a lot of bricks and questioned if we were going to use some to fix other streets. Mr. Howard stated that there was a demand for them and we were allowing people to get them at the west landfill. Mr. Howard added that we would be keeping a considerable number for repairs. Public Works Director Rambat commented that we have some already and that there were two sizes between Jackson Street and Main Street, but they were cleaned and ready to go. Mr. Rambat stated that the first phase of bricks were fair game. Mr. Howard commented that there had been a lot of bricks taken out of there, but you would not know it.
Commissioner Skaggs questioned if the cross walks would be brick. Mr. Howard stated that they were going to be done in pavers. Mr. Rambat added that the pavers were more square and redder, but give the look of a paved crosswalk. Vice-Mayor Hlavachick commented that Kingman had done theirs with pavers and they were nice looking.
• Bypass update:
Mr. Howard commented that the Government had awarded the Department of Transportation the funds to continue the bypass, which would come towards Pratt and would be short of where our bypass takes off and should start in 2013.
City Attorney:
• Bind weed:
City Attorney Van Blaricum commented that we had discussed what our options were concerning bind weed on private property and the owner not controlling it. Mr. Van Blaricum stated that K.S.A. 2-1318 stated that the County weed supervisor is directed to ascertain each year the approximate amount of land and highways infested with each kind of noxious weed and its location in the County and that includes the City. Mr. Van Blaricum stated that the City could set up their own fund and tax levy for noxious weed and part of the problem with bind weed was having the money available to take care of it.
Mr. Van Blaricum commented that K.S.A. 2-1319 states that if the weed is on public property, the expense is to be paid for by the public subdivision and all other private owners should pay the cost. Mr. Van Blaricum stated that the City could purchase chemical materials from the County Commissioners in the amount not more than 50% to 75% more and to be used on privately owned property. Mr. Van Blaricum added that the problem he sees with that is that it puts the County in competition with hardware stores, so they do not sell it in small quantities.
Mr. Van Blaricum stated that Mr. Dean Staab agreed to send a letter to anyone in the City and ask them to treat it, but the County does not have the resources to back it up. Mr. Van Blaricum commented that some deal with it and treat it the same way the City or County would. Mr. Van Blaricum explained that if the City had to treat the problem, it was a multi-year project and was expensive. Mr. Van Blaricum stated that the City could set up their own mil levy for noxious weeds, but that would require a raise in taxes to get aggressive. Finance Director Garten stated that we have a noxious weeds fund that is used to control weeds on public property.
Mr. Rambat commented that Park Superintendent Mark Eckhoff had been working on this in obvious areas, but it gets into gray areas if we drop it in someone else’s yard. Commissioner Skaggs commented that it destroys good grass so, at a minimum, we should take care of our own. Mr. Rambat commented that it was being addressed. Commissioner Skaggs questioned if the staff from parks was enough to take care of bind weed. Mr. Rambat stated that it was a multi-stage treatment and there were other things to do, but Mr. Eckhoff knows that it is a detriment. Mr. Rambat added that street department employee, Mr. Eddie Gould, takes care of some it.
Commissioner Skaggs questioned if we have a license. Mr. Rambat stated that, as a government agency, we can get around that where a common person cannot. Vice-Mayor Hlavachick commented that he felt that the City had done a good job of keeping it confined. Commissioner Skaggs commented that, at a minimum, we need to see that park and street departments are not ignoring it because it is going to get worse. Commissioner Skaggs added that commercial mowers carry the seed from park to park. Vice-Mayor Hlavachick added that combines spread the seed everywhere they go. Mr. Howard stated that we would do what we can.
Public Works:
• Phase 1 on website:
Public Works Director Rambat commented that we were working on posting the parking maps on phase one of the Main Street project on the City website, which might help locals and out-of-towners.
• Pool repair:
Mr. Rambat commented that they would be shutting down the pool for half a day in the next week or two to install a new pump. Mr. Rambat explained that over the last couple of years we had lost some pressure. Mr. Rambat added that we would not mess with swim lessons or parties.
Recreation Dept.:
• Main Street update:
Recreation Director Pinkall commented that the Main Street project had a positive start and there had been a lot of communication from businesses. Mr. Pinkall stated that we had addressed any concerns and had followed some of their ideas.
Power Plant:
• Generation:
Power Plant Superintendent Ernie Smith commented that Sunflower Electric would be asking us to generate sometime this week with the temperatures rising and we were prepared to do that. Mr. Howard added that we do get paid for that.
Finance Dept.:
• Sales tax:
Finance Director Garten stated that sales tax was up $43,000.
• Budget process:
Ms. Garten stated that the budget process was underway and she had given the Commission a tentative budget schedule. Mr. Howard commented that the Commission should let Ms. Garten know if there was anything they wanted to discuss during the budget session. Ms. Garten added that the budget session had been one day the last couple of years, but we schedule two in case it is needed. Commissioner Detwiler asked how soon they would receive the budget pages. Ms. Garten answered that it depends on how quickly she gets information from the County, which would be after July 1st. Ms. Garten commented that she would try to get it the week of or a few days before, depending on how information filters in.
Commission:
• Infrastructure on streets:
Commissioner Detwiler questioned if anyone had checked on the infrastructure done on City streets that she had discussed at the last meeting and Commissioner Detwiler added that the cost to Hutchinson was $2,200 per mile. Mr. Rambat answered that he had emailed the gentleman and he had asked for the miles and streets in Pratt. Mr. Rambat commented that he guessed that the Hutchinson quote was lower due to miles. Mr. Rambat stated that he would have something for the next meeting.
• Speed bumps in Lemon’s:
Commissioner Detwiler commented that she felt that there should be some speed control in Lemon’s and Sixth Street Parks. Commissioner Detwiler explained that there was a young person flying out of the park and another person had to hit their brakes to avoid an accident. Mr. Howard commented that we would look into options around the entrance and parking for Lemon’s Park and ways to define it. Commissioner Detwiler commented that speed bumps would get the traffic to slow down. Commissioner Detwiler added that she understood that was not something that was favorable with Mr. Eckhoff during snow removal. Mr. Howard stated that Mr. Rambat did the snow removal, but safety was more important. Mr. Howard added that the decision was up to the Commission.
Commissioner Detwiler commented that they would need to be something that bikes could get around. Mr. Howard commented that bikes have to obey the speed as well. Mr. Rambat stated that there were speed bumps with a gap so they could get through and we could do temporaries as a test. Commissioner Skaggs suggested putting them at the crosswalks at a minimum. Vice-Mayor Hlavachick questioned if the police had ticketed many people. Acting Police Chief Gary Myers commented that they do not.
Mr. Howard commented that they would look at it and see if there were other things to do. Commissioner Detwiler suggested the digital speed signs. Mr. Howard stated that they would look into it. Acting Chief Myers commented that when there are major problems, they set up special enforcement with hand held lasers. Commissioner Detwiler commented that it should be done without a police vehicle. Commissioner Skaggs commented that if that was done periodically, it would get the message out there. Vice-Mayor Hlavachick stated that he preferred that to the speed bumps. Mr. Howard commented that he would have the police department start tonight.
• Repairs at the Municipal Building:
Commissioner Skaggs questioned if there was an overall plan for improvement at the Municipal Building. Commissioner Skaggs commented that he had noticed plaster damage below the windows and a contractor working on the ladies restroom. Mr. Pinkall commented that the plaster issue was in other areas and would be repaired this summer. Mr. Pinkall added that the ladies restroom was first, then the kitchen, followed by the plaster, then carpet.
Mr. Howard commented that there had not been much done to the Municipal Building for several years when the Blythe Foundation had considered connecting it with the Parish Hotel, but that, of course, was not going to happen. Mr. Pinkall stated that the restroom had run into issues with the plumbing in the wall that required the removal of concrete and then it went into the floor, so a contractor got involved. Commissioner Skaggs commented that he does not want to see buildings neglected and we need to maintain what we have. Mr. Pinkall stated that we were trying to do that.
• Camera for Police Dept.:
Commissioner Graf commented that he had visited with police officers and they were tickled with the cages. Commissioner Graf added that that should have been done a long time ago. Commissioner Graf questioned where we were on getting cameras for the police department. Mr. Howard commented that they can be budgeted for. Commissioner Graf asked if it had to be in the budget if we use drug money. Mr. Howard stated that we would need to get prices and you had to be cautious spending drug money, but it was up to the Commissioners. Commissioner Graf questioned if there was a cash reserve used for police stuff. Mr. Howard stated that we do, but drug money can be used for other City things if it benefits the police department.
Commissioner Graf stated that he could not see putting the cameras off until budget since they protect the officers and the person getting stopped. Mr. Howard reminded the Commission that you have to have a custodial records person and who we would get to do that was another issue. Mr. Howard added that if there were court cases where they want to see a tape, you have to know who has access to where they are stored. Mr. Howard added that you have to develop a procedure to ensure that there is no manipulation of the device and that should all be in place before the cameras are purchased.
Commissioner Graf commented that he had visited with Wichita and Conway Springs and they could not believe that we do not have them. Mr. Howard commented that he did not disagree, but the procedure was important. Commissioner Detwiler questioned if it was not undoable. Mr. Howard stated that it could be done and we could get with another police department and plagiarize their procedure so that we cannot be accused of manipulation. Commissioner Detwiler commented that she felt we should get the cameras as soon as possible. Vice-Mayor Hlavachick questioned if Commissioner Detwiler wanted to purchase them now rather than budget for them. Commissioner Detwiler stated that we could use the drug money.
‘Acting’ Police Chief Myers commented that there were different types of media that can be used such as media cards from Digital Ally or cd’s from Watch Guard. ‘Acting’ Chief Myers added that he had gotten a quote from Digital Ally for $70,000 and no installation, but Watch Guard had not returned any figures and he felt that they would be higher than Digital Ally.
Commissioner Skaggs questioned how much we had in drug money. Mr. Howard commented that it was around $200,000. Commissioner Detwiler questioned if we had an airplane sell pending. ‘Acting’ Chief Myers commented that we were working on that, but there were issues on the value of it. ‘Acting’ Chief Myers added that we do not want to give it away and it was possible that we might get a minimum of $30,000 or the maximum of $70,000 to $80,000. ‘Acting’ Chief Myers explained that they were going to put a publication in a magazine, but it had not been decided whether we would do sealed bids or sell outright.
Mr. Howard commented on the taser issue and informed the Commission that he had visited with Sheriff Vernon Chinn and the County has seven or eight tasers for his department. Mr. Howard commented that Sheriff Chinn has concerns with tasers and would be willing to come and discuss it if we want to pursue the issue. Commissioner Graf stated that he would like for him to come in. Commissioner Graf commented that the security guy at McDonald’s in Wichita carries a taser as do the security at River Fest. Commissioner Graf added that tasers could stop someone and a wand could mess it up. Mr. Howard commented that he would let Sheriff Chinn tell Commissioner Graf about them, but he had said that they do kill and we need to strongly think about it.
• Congratulations:
Vice-Mayor Hlavachick stated that he wanted to congratulate Mr. Jeff Hoffman from distribution on obtaining the status of Journeyman Lineman.
ADJOURN:
A motion by Commissioner Skaggs to adjourn. The motion was seconded by Commissioner Graf and carried unanimously.
_______________________________________
JEFF A. TAYLOR, Mayor
(SEAL)
ATTEST:
___________________________________
LUANN KRAMER, City Clerk
Thursday, June 16, 2011
06/20/2011-City Commission Meeting Agenda
MONDAY
JUNE 20, 2011
PRATT CITY COMMISSION – REGULAR COMMISSION MEETING
COMMISSION ROOM – 5:00 P.M.
1. CALL TO ORDER (Remind audience that meeting is being recorded and/or taped.)
2. ROLL CALL
3. MINUTES – June 06, 2011 Regular City Commission meeting
4. OPEN AGENDA - 1
5. BUSINESS:
5.1 Presentation of the 2010 City of Pratt Audit – Vicki Dreiling, Adams Brown Beran & Ball Chtd.
5.2 Consideration and Approval for a Disc Golf Tournament on August 5th at Lemon’s Park & August 6th at May Dennis Park – Donna Rawlings, Pass It Forward
5.3 Consideration and Approval of 2012 Budget Request of 3 Mil from Pratt Airport Authority – Mayor and Commission
5.4 Discussion on Smithsonian Institution Traveling Exhibition and Request for a Letter of Support – Jan Scarbrough, Chamber Director
5.5 Consideration and Approval of Bid for the Washington Street Improvement – Russell Rambat, Public Works Director
5.6 Consideration and Approval of Project Applications for KDOT Funding on Hwy 281 or Hwy 54 – Russell Rambat, Public Works Director
5.7 Consideration and Approval of the ‘Design’ of the Plat for Sandy Creek Addition – Dave Howard, City Manager
5.8 Discussion on ‘Pavement Evaluation and Needs Analysis’ from Infrastructure Management Services– Mayor, Commission and Staff
5.9 Further Discussion on Cameras and Tasers for the Police Department – Mayor, Commission and Staff (Requested by Commissioner Detwiler)
6. OPEN AGENDA – 2
7. REPORTS
7.1 City Manager
7.2 City Attorney
7.3 Department Heads
7.4 Mayor
7.5 City Commission
8. ADJOURN
JUNE 20, 2011
PRATT CITY COMMISSION – REGULAR COMMISSION MEETING
COMMISSION ROOM – 5:00 P.M.
1. CALL TO ORDER (Remind audience that meeting is being recorded and/or taped.)
2. ROLL CALL
3. MINUTES – June 06, 2011 Regular City Commission meeting
4. OPEN AGENDA - 1
5. BUSINESS:
5.1 Presentation of the 2010 City of Pratt Audit – Vicki Dreiling, Adams Brown Beran & Ball Chtd.
5.2 Consideration and Approval for a Disc Golf Tournament on August 5th at Lemon’s Park & August 6th at May Dennis Park – Donna Rawlings, Pass It Forward
5.3 Consideration and Approval of 2012 Budget Request of 3 Mil from Pratt Airport Authority – Mayor and Commission
5.4 Discussion on Smithsonian Institution Traveling Exhibition and Request for a Letter of Support – Jan Scarbrough, Chamber Director
5.5 Consideration and Approval of Bid for the Washington Street Improvement – Russell Rambat, Public Works Director
5.6 Consideration and Approval of Project Applications for KDOT Funding on Hwy 281 or Hwy 54 – Russell Rambat, Public Works Director
5.7 Consideration and Approval of the ‘Design’ of the Plat for Sandy Creek Addition – Dave Howard, City Manager
5.8 Discussion on ‘Pavement Evaluation and Needs Analysis’ from Infrastructure Management Services– Mayor, Commission and Staff
5.9 Further Discussion on Cameras and Tasers for the Police Department – Mayor, Commission and Staff (Requested by Commissioner Detwiler)
6. OPEN AGENDA – 2
7. REPORTS
7.1 City Manager
7.2 City Attorney
7.3 Department Heads
7.4 Mayor
7.5 City Commission
8. ADJOURN
Tuesday, June 7, 2011
5/16/2011-Approved City Commission Meeting MInutes
MONDAY
MAY 16, 2011
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
Victor Graf Commissioner
Gary Skaggs Commissioner
Karen Detwiler Commissioner
ALSO PRESENT: Dave Howard City Manager
LuAnn Kramer City Clerk
Ken Van Blaricum City Attorney
Diana Garten Finance Director
Gary Myers ‘Acting’ 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:
The regular meeting was called to order by Mayor Taylor. The Mayor instructed the Clerk to note that all Commissioners were present.
The Mayor reminded the audience that this meeting may be taped and/or recorded.
MINUTES:
A motion by Commissioner Hlavachick to approve the minutes of the May 02, 2011 regular meeting. The motion was seconded by Commissioner Detwiler and carried unanimously.
OPEN AGENDA #1:
KDWP Nature Trail Open:
Mr. Nathan Hemphill, Kansas Department of Wildlife and Parks, commented to the Commission that the trails project along the Ninnescah River had been completed. Mr. Hemphill invited the Commission to a ceremony for the opening on May 23rd at 11:00 a.m. followed by a hamburger dinner. Commissioner Skaggs questioned how long the trail was. Mr. Hemphill stated that it was a two mile trail and they would like to extend that and join Lemon’s Park to the Kansas Department of Wildlife and Parks and on to the lake. Mr. Hemphill explained that this project had been developed over the last three years and it would be open in the daytime only and would close around 9:00 p.m. Commissioner Skaggs asked about the buildings along the trial. Mr. Hemphill commented that all out buildings would be locked except for one public restroom that would be open all the time. Mayor Taylor asked if this would be a bike/walk trail. Mr. Hemphill stated that it would be.
BUSINESS:
DISCUSSION ON LIQUIDATED DAMAGES ON THE MAPLE STREET PROJECT:
Mr. Frank Oursler, Middlecreek Corporation, addressed the Commission concerning the liquidated damages on the Maple Street project. Mr. Oursler explained that he had had difficulties with the sub-contractor, who was relieved of his duties, and another sub-contractor had been brought in. Mr. Oursler asked the Commission to help with the liquidated damages since the job was finished and the street was open and to limit them to the actual cost that the City had. Commissioner Skaggs asked what the actual expenses were to the City. City Manager Dave Howard commented that it would be $15,000 for the additional cost from EBH Engineering, so the difference would be $45,500.
Mr. Don Hellar, EBH Engineering, commented that the liquidated damages included 121 days past the contract completion date. Commissioner Skaggs commented that he was sympathetic to the contractor and there were no damages to the City except for the $15,000. Commissioner Skaggs added that the one at fault was the sub-contractor, so he would vote to be lenient. Commissioner Hlavachick questioned if the sub-contractor made any effort to pick-up the slack. Mr. Oursler commented that they had gone bankrupt. Commissioner Detwiler commented that she was in agreement with Commissioner Skaggs and that the project was done and done well.
Mayor Taylor stated that these were the terms of the contract. Commissioner Skaggs commented that the warranty of the quality of workmanship was important. Mr. Hellar stated that they had no problem with the quality of the work done by the sub-contractor. Mayor Taylor questioned who the sub-contractor was. Mr. Hellar stated that Do-It Paving was the first sub-contractor and the project finished up using Klaver Construction. Mr. Hellar added that we got a number one job on the whole project. Mr. Howard explained that the quality of work was not the concern. Mr. Hellar stated that Middlecreek Corporation went above and beyond and did it correctly.
Mayor Taylor commented that this had been written into contracts the last fifteen years and this was the first time it had been used. Mr. Howard stated that this was his first experience in using it, but it does give you some leverage to hold over the contractor to get the project done. Mayor Taylor stated that he would not like to see all of the damages given back. Mayor Taylor explained that this was written into contracts for a reason and choosing the sub-contractor was the due diligence of the contractor. Mayor Taylor added that he was not saying that the City should not give some of it back. Commissioner Hlavachick commented that unfortunate things happen and the project was done well.
Mr. Howard explained that the City had been deducting the amount from invoices, so Mr. Oursler did not owe the City any money and it could be paid back off the last pay estimate. Commissioner Graf commented that he would like to see the City get their part back. Mr. Oursler stated that he was asking the City to see fit to help him out. A motion by Commissioner Skaggs to adjust the liquidated damages against Middlecreek Corporation on overrun costs minus $15,000. The motion was seconded by Commissioner Detwiler and carried with four approved votes and one opposed vote by Mayor Taylor.
DISCUSSION ON CANNONBALL TRAIL CHAPTER OF AMERICAN RED CROSS:
Ms. Donna Meier-Pfeifer, Executive Director of Cannonball Trail Chapter, addressed the Commission concerning a request for funds and to update them on the Cannonball Chapter. Ms. Meier-Pfeifer commented that she had applied and received two grants, which allowed her to purchase a disaster van from Doug Reh Chevrolet. Ms. Meier-Pfeifer added that the van would used to meet with clients and to carry medical supplies. Ms. Meier-Pfeifer added that, with another grant, they were able to purchase emergency response supplies such as cots and blankets, feeding supplies, distribution supplies and materials for health and safety training and disaster training.
Ms. Meier-Pfeifer stated that she had done safety training for three oil companies since OSHA was coming down hard on them to keep their training up. Ms. Meier-Pfeifer explained that she was part of the Kansas Animal Search and Rescue Team and keeps in contact with fire victims and their families’ months after a fire and they have research supplies to help them deal with these situations.
Ms. Meier-Pfeifer explained that the 2007 individual donation had decreased and she was requesting a monthly donation from the City of $1,000. Ms. Meier-Pfeifer commented that her intent was to go to all six counties with this request. Mayor Taylor questioned what the City had given them before. Finance Director Diana Garten stated that it was $1,500 per request. Mayor Taylor commented that that was a considerable jump and asked about other sources of funding for them. Ms. Meier-Pfeifer stated that they have individual donations, nothing from the American Red Cross and the United Way was decreasing down to $13,000 or less. Mr. Howard commented that we were putting together next year’s budget and would know more in July. Commissioner Skaggs requested financial statements from Ms. Meier-Pfeifer so that the Commission could review them before budget time. Ms. Meier-Pfeifer stated that she could get those for the Commission and that her annual budget runs about $100,000.
Mayor Taylor questioned what point the City does their donation. Ms. Garten stated that it was per request. Commissioner Skaggs commented that we should have some set figure for Ms. Meier-Pfeifer to depend on. Mayor Taylor stated that he was in favor of doing the same as last year since it was most likely in the 2011 budget and the increase would be discussed during the budget session. Commissioner Hlavachick asked if Ms. Meier-Pfeifer could come during the budget session in July. Ms. Meier-Pfeifer stated that that would not be a problem. Mayor Taylor questioned what the other towns were doing. Ms. Meier-Pfeifer commented that Stafford was doing $1,000 per year, but, being realistic, Pratt was the biggest City and County and had more disasters than the others.
Commissioner Graf commented that he felt we should give them the $2,000 now and do the budget later. Mayor Taylor stated that the discussion would be on the budget agenda, but the donation would be the same as last year for 2011. Ms. Garten stated that the donation was $1,500 or $2,000. The Commission was in agreement with that arrangement.
PRESENTATION OF DIVIDEND CHECK:
Mr. Rich Sanders, Sanders Agency, presented the Commission with the insurance dividend check for $19,289.43. Commissioner Skaggs asked if that money went into the general fund. Ms. Garten stated that it went into an insurance fund.
OPEN AGENDA #2:
No one in the audience wished to address the Commission.
REPORTS:
City Manager:
• Final stage on Main Street:
City Manager Howard commented that we were in the final stage of the Main Street project and there would be another merchants meeting on May 24th at 5:30 p.m. that would involve KDOT, Smokey Hill, EBH Engineering and City staff. Mr. Howard explained that the contractor, EBH and City staff would be discussing the details of what the plans were and address any concerns earlier in the day at a meeting at the Community Center.
• KMU Conference:
Mr. Howard stated that he had attended the KMU Conference and their annual Board of Directors meeting. Mr. Howard commented that there had been some good information that had been presented on the regulations governing electrical generations that were coming down the pike. Mr. Howard added that it was complicated, but translates into money.
• Clean Line Energies:
Mr. Howard informed the Commission that there was a meeting with Clean Line Energies tomorrow morning at the Community Center.
• Playground Equipment:
Mr. Howard explained that Public Works Director Russell Rambat had not had time to get the information on the playground equipment around for this meeting, but would have it on the next agenda.
Electric Department:
• Grant received:
Director of Electric Utilities Kelly Hemphill commented that the Electric Department had successfully received a grant to get two fire sirens. Mr. Hemphill gave credit to Mr. Tim Branscom, Emergency Management Coordinator, for his excellent support and help in getting it lined up.
Mayor Taylor questioned if the sirens were running a lot. Mr. Howard commented that they were to be tested every Monday at noon unless there was threatening weather. Mr. Howard explained that several had failed in the past, but there had been no failures during the last two tests. Commissioner Skaggs asked how many sirens there were. Mr. Hemphill stated that there were seven. Commissioner Detwiler questioned if there was any other time they could be tested, because she had seen people leave the bank with their ears covered. Mr. Howard commented that he could check to see if it could be changed. Mr. Howard explained that the noon test was to see if schools and other places could actually hear them. Mr. Hemphill commented that he thought they were either on or off and if the wind was blowing or it was raining, it took more to penetrate. Mayor Taylor asked if the newer ones were louder. Mr. Hemphill stated that he thought they were rated the same.
• Underground lines:
Mr. Hemphill stated that the underground line project was complete and the linemen were working on restringing the Main Street lights.
Recreation Department:
• Merchants meeting:
Recreation Director Bruce Pinkall commented that the merchants’ meeting would be the 24th and he had a number of positive things to keep people downtown. Mr. Pinkall commented that the parking maps would be given out and employee parking should be in place. Mayor Taylor asked if there was a start time. Mr. Pinkall stated that they did not have a start date for construction, but expects to get it at the meeting on May 24th with the contractor.
• Summer tournament:
Mr. Pinkall commented that they had a tournament this weekend that involved seventeen teams. Mayor Taylor stated that we must be doing something right when you can bring in teams from Garden City, El Dorado and Wichita. Mr. Pinkall added that several of them had stayed in the motels.
• Playground equipment:
Mr. Pinkall commented that the playground equipment was on the agenda for the Parks Advisory Board and they would look at Mr. Rambat’s recommendations.
Power Plant:
• Maintenance:
Power Plant Superintendent Ernie Smith commented that the power plant had been doing maintenance on engine #6 and they would be running a reliability test on it that the Commissioners were welcome to come and watch.
Finance Department:
• Budget process:
Finance Director Diana Garten commented that we were starting the budget process for 2012 and the department supervisors had received their worksheets. Ms. Garten stated that the budget session would be in July and asked that the Commissioners check their schedules in early to middle July to see if there would be any conflicts before getting it on the schedule.
Commission:
• Bid Policy:
Commissioner Graf asked if the bid policy could be explained. Mr. Howard commented that there was a list of vendors we deal with when a purchase requires it to be bid out. Mr. Howard explained that if the project or purchase is big enough, a meeting with the vendors may be scheduled. Commissioner Graf questioned what procedure they have to follow. Mr. Howard stated that a date is set for the bid opening and the bids are to be delivered to the City Clerk in a sealed envelope clearly marked ‘Bid’. Mr. Howard added that if a bid is received after the set time of opening, it has to be rejected. Commissioner Graf asked if the Commission could be informed of when bid openings were going to be. Mr. Howard stated that they could be.
• Bind weed policy:
Commissioner Skaggs questioned if the City had a bind weed policy like the County did. Mr. Howard stated that we do not have one for bind weed, but we do spray for weeds. Commissioner Skaggs commented that bind weed was a problem this time of year and it was in bloom behind Dollar General. Commissioner Skaggs asked if that was our responsibility. Mr. Howard explained that we treat it on our property. Commissioner Skaggs questioned if we send out bind weed letters. Mr. Howard stated that we do not for bind weed, but we would if the weeds were overgrown. Mr. Howard added that it could be added to the ordinance. City Attorney Ken Van Blaricum stated that he would look into that.
• Highway 61:
Commissioner Detwiler asked if anything was going to be done with Highway 61 and if that was the City’s responsibility. Mr. Howard stated that it was KDOT’s and there was a plan to do a total resurfacing project. Commissioner Detwiler commented that whatever they did had fallen apart. Mr. Howard commented that they were aware of it.
• Street suggestion:
Commissioner Detwiler commented that the City of Hutchinson had hired Infrastructure Management Services to look at their streets and they had equipment that could tell the condition of the street below the surface. Commissioner Detwiler questioned if the City had ever had that done. Mr. Howard stated that we had not since he had been here. Commissioner Skaggs asked if they charge by the mile. Commissioner Detwiler answered that the article did not say how many miles it was, but estimated well over 200, at a cost of $58,000. Mr. Howard commented that we are identifying the street problems and you can take up the asphalt to tell if the sub-grade needs repaired. Commissioner Skaggs asked if Mr. Rambat could check into this procedure and the cost. Mr. Howard stated that he would have him do that.
ADJOURN:
A motion by Commissioner Hlavachick to adjourn. The motion was seconded by Commissioner Skaggs and carried unanimously.
_______________________________________
JEFF A. TAYLOR, Mayor
(SEAL)
ATTEST:
_______________________________________
LUANN KRAMER, City Clerk
MAY 16, 2011
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
Victor Graf Commissioner
Gary Skaggs Commissioner
Karen Detwiler Commissioner
ALSO PRESENT: Dave Howard City Manager
LuAnn Kramer City Clerk
Ken Van Blaricum City Attorney
Diana Garten Finance Director
Gary Myers ‘Acting’ 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:
The regular meeting was called to order by Mayor Taylor. The Mayor instructed the Clerk to note that all Commissioners were present.
The Mayor reminded the audience that this meeting may be taped and/or recorded.
MINUTES:
A motion by Commissioner Hlavachick to approve the minutes of the May 02, 2011 regular meeting. The motion was seconded by Commissioner Detwiler and carried unanimously.
OPEN AGENDA #1:
KDWP Nature Trail Open:
Mr. Nathan Hemphill, Kansas Department of Wildlife and Parks, commented to the Commission that the trails project along the Ninnescah River had been completed. Mr. Hemphill invited the Commission to a ceremony for the opening on May 23rd at 11:00 a.m. followed by a hamburger dinner. Commissioner Skaggs questioned how long the trail was. Mr. Hemphill stated that it was a two mile trail and they would like to extend that and join Lemon’s Park to the Kansas Department of Wildlife and Parks and on to the lake. Mr. Hemphill explained that this project had been developed over the last three years and it would be open in the daytime only and would close around 9:00 p.m. Commissioner Skaggs asked about the buildings along the trial. Mr. Hemphill commented that all out buildings would be locked except for one public restroom that would be open all the time. Mayor Taylor asked if this would be a bike/walk trail. Mr. Hemphill stated that it would be.
BUSINESS:
DISCUSSION ON LIQUIDATED DAMAGES ON THE MAPLE STREET PROJECT:
Mr. Frank Oursler, Middlecreek Corporation, addressed the Commission concerning the liquidated damages on the Maple Street project. Mr. Oursler explained that he had had difficulties with the sub-contractor, who was relieved of his duties, and another sub-contractor had been brought in. Mr. Oursler asked the Commission to help with the liquidated damages since the job was finished and the street was open and to limit them to the actual cost that the City had. Commissioner Skaggs asked what the actual expenses were to the City. City Manager Dave Howard commented that it would be $15,000 for the additional cost from EBH Engineering, so the difference would be $45,500.
Mr. Don Hellar, EBH Engineering, commented that the liquidated damages included 121 days past the contract completion date. Commissioner Skaggs commented that he was sympathetic to the contractor and there were no damages to the City except for the $15,000. Commissioner Skaggs added that the one at fault was the sub-contractor, so he would vote to be lenient. Commissioner Hlavachick questioned if the sub-contractor made any effort to pick-up the slack. Mr. Oursler commented that they had gone bankrupt. Commissioner Detwiler commented that she was in agreement with Commissioner Skaggs and that the project was done and done well.
Mayor Taylor stated that these were the terms of the contract. Commissioner Skaggs commented that the warranty of the quality of workmanship was important. Mr. Hellar stated that they had no problem with the quality of the work done by the sub-contractor. Mayor Taylor questioned who the sub-contractor was. Mr. Hellar stated that Do-It Paving was the first sub-contractor and the project finished up using Klaver Construction. Mr. Hellar added that we got a number one job on the whole project. Mr. Howard explained that the quality of work was not the concern. Mr. Hellar stated that Middlecreek Corporation went above and beyond and did it correctly.
Mayor Taylor commented that this had been written into contracts the last fifteen years and this was the first time it had been used. Mr. Howard stated that this was his first experience in using it, but it does give you some leverage to hold over the contractor to get the project done. Mayor Taylor stated that he would not like to see all of the damages given back. Mayor Taylor explained that this was written into contracts for a reason and choosing the sub-contractor was the due diligence of the contractor. Mayor Taylor added that he was not saying that the City should not give some of it back. Commissioner Hlavachick commented that unfortunate things happen and the project was done well.
Mr. Howard explained that the City had been deducting the amount from invoices, so Mr. Oursler did not owe the City any money and it could be paid back off the last pay estimate. Commissioner Graf commented that he would like to see the City get their part back. Mr. Oursler stated that he was asking the City to see fit to help him out. A motion by Commissioner Skaggs to adjust the liquidated damages against Middlecreek Corporation on overrun costs minus $15,000. The motion was seconded by Commissioner Detwiler and carried with four approved votes and one opposed vote by Mayor Taylor.
DISCUSSION ON CANNONBALL TRAIL CHAPTER OF AMERICAN RED CROSS:
Ms. Donna Meier-Pfeifer, Executive Director of Cannonball Trail Chapter, addressed the Commission concerning a request for funds and to update them on the Cannonball Chapter. Ms. Meier-Pfeifer commented that she had applied and received two grants, which allowed her to purchase a disaster van from Doug Reh Chevrolet. Ms. Meier-Pfeifer added that the van would used to meet with clients and to carry medical supplies. Ms. Meier-Pfeifer added that, with another grant, they were able to purchase emergency response supplies such as cots and blankets, feeding supplies, distribution supplies and materials for health and safety training and disaster training.
Ms. Meier-Pfeifer stated that she had done safety training for three oil companies since OSHA was coming down hard on them to keep their training up. Ms. Meier-Pfeifer explained that she was part of the Kansas Animal Search and Rescue Team and keeps in contact with fire victims and their families’ months after a fire and they have research supplies to help them deal with these situations.
Ms. Meier-Pfeifer explained that the 2007 individual donation had decreased and she was requesting a monthly donation from the City of $1,000. Ms. Meier-Pfeifer commented that her intent was to go to all six counties with this request. Mayor Taylor questioned what the City had given them before. Finance Director Diana Garten stated that it was $1,500 per request. Mayor Taylor commented that that was a considerable jump and asked about other sources of funding for them. Ms. Meier-Pfeifer stated that they have individual donations, nothing from the American Red Cross and the United Way was decreasing down to $13,000 or less. Mr. Howard commented that we were putting together next year’s budget and would know more in July. Commissioner Skaggs requested financial statements from Ms. Meier-Pfeifer so that the Commission could review them before budget time. Ms. Meier-Pfeifer stated that she could get those for the Commission and that her annual budget runs about $100,000.
Mayor Taylor questioned what point the City does their donation. Ms. Garten stated that it was per request. Commissioner Skaggs commented that we should have some set figure for Ms. Meier-Pfeifer to depend on. Mayor Taylor stated that he was in favor of doing the same as last year since it was most likely in the 2011 budget and the increase would be discussed during the budget session. Commissioner Hlavachick asked if Ms. Meier-Pfeifer could come during the budget session in July. Ms. Meier-Pfeifer stated that that would not be a problem. Mayor Taylor questioned what the other towns were doing. Ms. Meier-Pfeifer commented that Stafford was doing $1,000 per year, but, being realistic, Pratt was the biggest City and County and had more disasters than the others.
Commissioner Graf commented that he felt we should give them the $2,000 now and do the budget later. Mayor Taylor stated that the discussion would be on the budget agenda, but the donation would be the same as last year for 2011. Ms. Garten stated that the donation was $1,500 or $2,000. The Commission was in agreement with that arrangement.
PRESENTATION OF DIVIDEND CHECK:
Mr. Rich Sanders, Sanders Agency, presented the Commission with the insurance dividend check for $19,289.43. Commissioner Skaggs asked if that money went into the general fund. Ms. Garten stated that it went into an insurance fund.
OPEN AGENDA #2:
No one in the audience wished to address the Commission.
REPORTS:
City Manager:
• Final stage on Main Street:
City Manager Howard commented that we were in the final stage of the Main Street project and there would be another merchants meeting on May 24th at 5:30 p.m. that would involve KDOT, Smokey Hill, EBH Engineering and City staff. Mr. Howard explained that the contractor, EBH and City staff would be discussing the details of what the plans were and address any concerns earlier in the day at a meeting at the Community Center.
• KMU Conference:
Mr. Howard stated that he had attended the KMU Conference and their annual Board of Directors meeting. Mr. Howard commented that there had been some good information that had been presented on the regulations governing electrical generations that were coming down the pike. Mr. Howard added that it was complicated, but translates into money.
• Clean Line Energies:
Mr. Howard informed the Commission that there was a meeting with Clean Line Energies tomorrow morning at the Community Center.
• Playground Equipment:
Mr. Howard explained that Public Works Director Russell Rambat had not had time to get the information on the playground equipment around for this meeting, but would have it on the next agenda.
Electric Department:
• Grant received:
Director of Electric Utilities Kelly Hemphill commented that the Electric Department had successfully received a grant to get two fire sirens. Mr. Hemphill gave credit to Mr. Tim Branscom, Emergency Management Coordinator, for his excellent support and help in getting it lined up.
Mayor Taylor questioned if the sirens were running a lot. Mr. Howard commented that they were to be tested every Monday at noon unless there was threatening weather. Mr. Howard explained that several had failed in the past, but there had been no failures during the last two tests. Commissioner Skaggs asked how many sirens there were. Mr. Hemphill stated that there were seven. Commissioner Detwiler questioned if there was any other time they could be tested, because she had seen people leave the bank with their ears covered. Mr. Howard commented that he could check to see if it could be changed. Mr. Howard explained that the noon test was to see if schools and other places could actually hear them. Mr. Hemphill commented that he thought they were either on or off and if the wind was blowing or it was raining, it took more to penetrate. Mayor Taylor asked if the newer ones were louder. Mr. Hemphill stated that he thought they were rated the same.
• Underground lines:
Mr. Hemphill stated that the underground line project was complete and the linemen were working on restringing the Main Street lights.
Recreation Department:
• Merchants meeting:
Recreation Director Bruce Pinkall commented that the merchants’ meeting would be the 24th and he had a number of positive things to keep people downtown. Mr. Pinkall commented that the parking maps would be given out and employee parking should be in place. Mayor Taylor asked if there was a start time. Mr. Pinkall stated that they did not have a start date for construction, but expects to get it at the meeting on May 24th with the contractor.
• Summer tournament:
Mr. Pinkall commented that they had a tournament this weekend that involved seventeen teams. Mayor Taylor stated that we must be doing something right when you can bring in teams from Garden City, El Dorado and Wichita. Mr. Pinkall added that several of them had stayed in the motels.
• Playground equipment:
Mr. Pinkall commented that the playground equipment was on the agenda for the Parks Advisory Board and they would look at Mr. Rambat’s recommendations.
Power Plant:
• Maintenance:
Power Plant Superintendent Ernie Smith commented that the power plant had been doing maintenance on engine #6 and they would be running a reliability test on it that the Commissioners were welcome to come and watch.
Finance Department:
• Budget process:
Finance Director Diana Garten commented that we were starting the budget process for 2012 and the department supervisors had received their worksheets. Ms. Garten stated that the budget session would be in July and asked that the Commissioners check their schedules in early to middle July to see if there would be any conflicts before getting it on the schedule.
Commission:
• Bid Policy:
Commissioner Graf asked if the bid policy could be explained. Mr. Howard commented that there was a list of vendors we deal with when a purchase requires it to be bid out. Mr. Howard explained that if the project or purchase is big enough, a meeting with the vendors may be scheduled. Commissioner Graf questioned what procedure they have to follow. Mr. Howard stated that a date is set for the bid opening and the bids are to be delivered to the City Clerk in a sealed envelope clearly marked ‘Bid’. Mr. Howard added that if a bid is received after the set time of opening, it has to be rejected. Commissioner Graf asked if the Commission could be informed of when bid openings were going to be. Mr. Howard stated that they could be.
• Bind weed policy:
Commissioner Skaggs questioned if the City had a bind weed policy like the County did. Mr. Howard stated that we do not have one for bind weed, but we do spray for weeds. Commissioner Skaggs commented that bind weed was a problem this time of year and it was in bloom behind Dollar General. Commissioner Skaggs asked if that was our responsibility. Mr. Howard explained that we treat it on our property. Commissioner Skaggs questioned if we send out bind weed letters. Mr. Howard stated that we do not for bind weed, but we would if the weeds were overgrown. Mr. Howard added that it could be added to the ordinance. City Attorney Ken Van Blaricum stated that he would look into that.
• Highway 61:
Commissioner Detwiler asked if anything was going to be done with Highway 61 and if that was the City’s responsibility. Mr. Howard stated that it was KDOT’s and there was a plan to do a total resurfacing project. Commissioner Detwiler commented that whatever they did had fallen apart. Mr. Howard commented that they were aware of it.
• Street suggestion:
Commissioner Detwiler commented that the City of Hutchinson had hired Infrastructure Management Services to look at their streets and they had equipment that could tell the condition of the street below the surface. Commissioner Detwiler questioned if the City had ever had that done. Mr. Howard stated that we had not since he had been here. Commissioner Skaggs asked if they charge by the mile. Commissioner Detwiler answered that the article did not say how many miles it was, but estimated well over 200, at a cost of $58,000. Mr. Howard commented that we are identifying the street problems and you can take up the asphalt to tell if the sub-grade needs repaired. Commissioner Skaggs asked if Mr. Rambat could check into this procedure and the cost. Mr. Howard stated that he would have him do that.
ADJOURN:
A motion by Commissioner Hlavachick to adjourn. The motion was seconded by Commissioner Skaggs and carried unanimously.
_______________________________________
JEFF A. TAYLOR, Mayor
(SEAL)
ATTEST:
_______________________________________
LUANN KRAMER, City Clerk
Thursday, June 2, 2011
06/06/2011-City Commission Meeting Agenda
MONDAY
JUNE 06, 2011
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 – May 16, 2011 Regular City Commission meeting
4. OPEN AGENDA - 1
5. BUSINESS:
5.1 Consideration and Approval of 3 Mill for the Pratt Public Library 2012 Budget – Rochelle Westerhaus, Library Board Secretary
5.2 Consideration on Request from USD 382 for Funding of Road to New SW School Addition – Dr. Glen Davis, USD 382 Superintendent
5.3 Consideration and Approval of 2011 Curb, Sidewalk Replacement Project Bids – Russell Rambat, Public Works Director
5.4 Consideration and Approval of Playground Equipment for Gebhart Park – Russell Rambat, Public Works Director; Bruce Pinkall, Recreation Director
5.5 Consideration and Approval of Quote for Transformers for Stock – Kelly Hemphill, Director of Electric Utilities
5.6 Discussion on ‘Operate Generation for SPP Operational Performance Test & Load Tap Changer Inspection’ – Kelly Hemphill, Director of Electric Utilities
6. OPEN AGENDA - 2
7. REPORTS
7.1 City Manager
7.2 City Attorney
7.3 Department Heads
7.4 Mayor
7.5 City Commission
8. ADJOURN
JUNE 06, 2011
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 – May 16, 2011 Regular City Commission meeting
4. OPEN AGENDA - 1
5. BUSINESS:
5.1 Consideration and Approval of 3 Mill for the Pratt Public Library 2012 Budget – Rochelle Westerhaus, Library Board Secretary
5.2 Consideration on Request from USD 382 for Funding of Road to New SW School Addition – Dr. Glen Davis, USD 382 Superintendent
5.3 Consideration and Approval of 2011 Curb, Sidewalk Replacement Project Bids – Russell Rambat, Public Works Director
5.4 Consideration and Approval of Playground Equipment for Gebhart Park – Russell Rambat, Public Works Director; Bruce Pinkall, Recreation Director
5.5 Consideration and Approval of Quote for Transformers for Stock – Kelly Hemphill, Director of Electric Utilities
5.6 Discussion on ‘Operate Generation for SPP Operational Performance Test & Load Tap Changer Inspection’ – Kelly Hemphill, Director of Electric Utilities
6. OPEN AGENDA - 2
7. REPORTS
7.1 City Manager
7.2 City Attorney
7.3 Department Heads
7.4 Mayor
7.5 City Commission
8. ADJOURN
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