City of Pratt Agendas: May 2012

Tuesday, May 22, 2012

05/07/12-Approved City Commission Meeting Minutes

MONDAY

MAY 07, 2012

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

PRESENT:

Bill Hlavachick Mayor

Jeff Taylor Commissioner

Gary Skaggs Commissioner

Karen Detwiler Commissioner

Lucus Kumberg Commissioner

ALSO PRESENT:

Dave Howard City Manager

LuAnn Kramer City Clerk

Ken Van Blaricum City Attorney

Diana Garten Finance Director

Gary Myers Police Chief

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 Hlavachick. The Mayor instructed the Clerk to note that all Commissioners were present with the exception of Commissioner Taylor.

INVOCATION AND PLEDGE OF ALLEGIANCE:

Commissioner Detwiler led the staff and audience in the invocation and Pledge of Allegiance.

(Commissioner Taylor arrived at 5:02 p.m.)

MINUTES:

A motion by Commissioner Skaggs to approve the minutes of the April 16, 2012 recessed joint meeting and the April 16, 2012 regular meeting. The motion was seconded by Commissioner Detwiler and carried unanimously.

OPEN AGENDA – 1:

• Waste of money:

Mr. Edwin ‘Jack’ Frazer commented to the Commission that he was not at the meeting to win friends, but to step on toes. Mr. Frazer stated that he had observed a huge dump truck coming down his alley and it was followed by a road grater that had its blade up about three or four inches. Mr. Frazer stated that the grater was only hitting the high spots and he felt that that was a waste of money since it did not seem that it was doing anything to the alley. Mr. Frazer also commented that he had noticed that a City truck drove up in the City landfill and emptied a pile of leaves and dirt that could have fit in a yard wheel barrel and that was a waste of money too.

Mr. Frazer commented that he could not fault the young man driving the truck, but he could fault the City Manager and the Commissioners. Mr. Frazer stated that the employees should be trained to do their job right. Mr. Frazer stated that they were failing the City and if he had to come back he was going to stomp on them. Mayor Hlavachick stated that he did not appreciate being threatened and added that you cannot go anywhere in the State to find a better well trained staff than we have in Pratt. Mayor Hlavachick continued stating that he had been on the Commission for sixteen years and our employees train State and County wide and he did not appreciate having them put down.

Commissioner Skaggs commented that he had observed staff in his own alley and the dump truck goes first to dump dirt in the low areas and then it is grated. Commissioner Skaggs questioned if the young man at the landfill had had other things on the truck before he dumped the leaves. Mr. Frazer stated that he did not. City Manager Dave Howard commented that they would look into it.

• Comments from Mr. Matei:

Mr. Luca Matei addressed the Commission concerning the big problems with any generation and that they have no common sense. Mr. Matei commented that you should not defend someone until you know the case and you have a right to find the facts. Mr. Matei stated that you do not accuse a person and some are so stupid and irresponsible. Mr. Matei continued to state that he had been accused six years ago and our justice did not work and it keeps getting covered up. Mr. Matei handed out a letter to the Commission and City Manager and asked that they review it. Mayor Hlavachick commented that they would take it under advisement.

BUSINESS:

CLARIFICATION ON COVENANT HOUSING QUESTIONS:

Mr. Dan Wilson, board member for Covenant Housing, informed the Commission that he had come to the meeting to set some things straight that had been reported by the media. Mr. Wilson apologized for not coming in before the article had come out in the paper on March 20th. Mr. Wilson commented that he had been on the board for Covenant Housing for twelve years and they were set up as a not for profit group and owned the facilities in Pratt and Coffeyville. Mr. Wilson explained that they offer quality upscale assisted living at a reduced rate and he informed the Commission that the board members do not get any dividends. Mr. Wilson added that the money stays in the Covenant Housing budget for facility upgrades and different things. Mr. Wilson stated that they do some charitable work, such as buying a van for transportation services in Coffeyville and giving Coffeyville seed money for their parks after the flood a few years ago.

Mr. Wilson commented that the article in the paper had contained a question from an attorney as to why Wichita would want to give to somebody outside the city and that comment caused them to do damage control with their residents and he was here tonight to do damage control with the Commission. Mr. Wilson explained that Parkwood Village was a great asset to Pratt and always had a waiting list. Mr. Wilson stated that the article had stated that the cost was approximately $6,700 per resident and he assured the Commission that no one was paying that. Mr. Wilson explained that there was one apartment for a married couple that may run $6,300 to $6,400, but the memory care unit was about $4,800 to $4,900, which would typically cost a resident $7,000 in Wichita.

Mr. Wilson stated that they could continue to offer the reduced rates by not having to pay dividends to the investors and not having to pay property taxes as a 501c3 company. Mr. Wilson commented that they would be willing to drop the lawsuit if Pratt would sign the application. Mr. Wilson added that these people had paid taxes all their lives and had done a lot for Pratt and they should not have to pay taxes now. Commissioner Skaggs questioned why seniors in their own homes should have to pay taxes if the ones in assisted living facilities do not. Mr. Wilson agreed that no senior should have to pay taxes. Commissioner Detwiler stated that, in a community Pratt’s size, somebody had to pick up the difference and a lot of seniors were on a fixed income. Commissioner Kumberg questioned why they should be exempt from contributing when they take advantage of the ambulance, fire, library and street services, which were all departments that are paid by taxes. Mr. Wilson explained that they pay out about $850,000 in wages to forty-four full and part time employees. Mr. Matthew Thornton, financial manager for Covenant Housing, clarified that they have thirty-one full time and eleven part time employees. Commissioner Detwiler questioned the salary for an employee in a leadership capacity. Mr. Thornton stated that it was in the $30,000 range and full time hourly employees make about $15 per hour. Commissioner Detwiler questioned if they have any employees making minimum wage. Mr. Thornton stated they did not.

Mayor Hlavachick questioned why it had taken so long for this to happen when they had applied in 2003. Mayor Hlavachick stated that the Commissioners were not comfortable signing a document that was over six years old. Mr. Thornton stated that the Board of State Tax Appeals could not rule on their case until the City signs the application and he added that he did not know why the deadline was missed. Mr. Thornton explained that the Board of Tax Appeals might rule against them, but they were asking for the City to sign so that the Board could make a ruling. Mayor Hlavachick commented that he was on the original Commission and he explained that the story was that they would go belly up and folks would be put on the street if the City did not issue the IRB’s, but there was never any discussion on Covenant Housing applying for a 501c3 exempt status. Mayor Hlavachick repeated that the issue was that they needed the IRB’s so that they would not go under. Mr. Thornton stated that the financial history back then showed that they were underwater and it had taken seven and a half years to get out from under that.

Commissioner Skaggs commented that it was not the City’s fault that they had filed the application improperly. Mr. Thornton stated that he could not argue that it had been filed improperly. Mr. Wilson added that it had had the wrong financials. Commissioner Skaggs stated that, now that we object, Covenant Housing wants to sue us for $75,000. Commissioner Detwiler commented that they should have to meet their obligations first and she added that she was on the board of the Humane Society and they were also a 501c3, but they always pay their bills. Commissioner Detwiler pointed out that Covenant Housing had a payment in lieu of taxes until 2004 and had paid their taxes in 2005, but not since. Commissioner Detwiler stated that, if this was for an individual, they would have been on the Court House steps long ago. Mr. Thornton stated that they were requesting the City’s signature so that the Board of Tax Appeals could rule, and, if the Board did not rule in their favor, they had the funds set aside to pay the taxes. Mr. Thornton questioned what other recourse the City had but to sign the document.

Commissioner Kumberg stated that they had originally come to the City six years ago and the request for the signature died due to a lack of a second on the motion. Commissioner Kumberg questioned why it was so important to get the exemption today and not earlier. Mr. Wilson stated that he was not familiar with that situation. City Attorney Ken Van Blaricum clarified that the financial information was incorrect on the original application along with the name of the applicant being incorrect and, although Covenant Housing was advised of that, they sat on it for years. Mr. Van Blaricum commented that we would not be having this discussion if not for that behavior. Mr. Thornton stated that he did not dispute that and it was important to solve now so they would know whether to pay the taxes or not.

Commissioner Detwiler stated that she did not want to sign the application voluntarily because that might tell the Board of Tax Appeals that the City was for the exemption or they may look at it more favorable. Commissioner Taylor commented that this was the first time hearing that the City signing the document would move the process along. Mr. Thornton repeated that the Board could not rule unless the application had the City’s signature. City Manager Dave Howard commented that we own the property due to the IRB’s, so that was why our signature was required. Commissioner Taylor questioned when the bonds were due. Mr. Thornton stated that it was 2014. Mayor Hlavachick questioned if we should sign the application, but let it be known that we did it under protest. Mr. Van Blaricum stated that the whole reason the Commission had voted the way they did was to let the Court of Tax Appeals know that the City did not approve of the way Covenant Housing had handled this and the City does not want to give their blessing for the exemption; however, the Commission could sign under protest and get the same point across. Mr. Van Blaricum repeated that the whole idea was to get that point across.

Mr. Wilson stated that his main intent tonight was to clarify that they were from the heart and to set some of the points in the article straight. Mr. Wilson added that they were in this with the City. Commissioner Taylor questioned if the Court of Tax Appeals could render judgment without our signature. Mr. Van Blaricum clarified that it was not a valid application until we sign it. Commissioner Taylor stated that the attorney had not brought that up. Mr. Van Blaricum stated that that was the attorney’s point and our response was that, we may lose the lawsuit, but not without registering our disapproval. Commissioner Skaggs commented that there was a lack of transparency and he felt there was a profit being made and, although some of it was being spent on charitable causes, some were being paid pretty well.

Commissioner Skaggs questioned how often you can apply with the Court of Tax Appeals. Mr. Howard commented that you get an automatic ten year tax exemption with IRB’s, but you have to file an application for approval for a permanent exemption. Mr. Van Blaricum stated that that was the issue in the courts now, because Covenant Housing said they would file a lawsuit to compel us to sign the application. Mr. Van Blaricum stated that they had sued us and he had filed an answer last week, so it should be on the Sedgwick County docket next month. Commissioner Skaggs commented that we were running the risk of paying the damages of $75,000. Mr. Van Blaricum stated that they could plead for $75,000 or more and explained that the taxes were $200,000 or more, but the $75,000 was what they were required to plead. Mr. Van Blaricum added that, if the City is ordered to sign the application, they could ask for what the taxes are. Commissioner Skaggs questioned if Covenant Housing had the $200,000. Mr. Wilson stated that they did. Commissioner Taylor questioned if a Judge would allow them to get the $75,000 if we were ordered to sign. Mr. Van Blaricum stated that you do not know when you are being sued, but he personally felt that the risk was not serious. Mr. Van Blaricum clarified that the interpretation was that the City would join in the tax exempt status, but Covenant Housing had not asked in a timely manner, so he was not sure a Judge would agree after six years.

Commissioner Kumberg commented that he had an issue with a permanent exemption and he felt it would be difficult to explain that we were subsidizing the property taxes if you live in a certain place. Commissioner Kumberg added that we only have so many people to spread taxes to and this would raise taxes for all of us. Mr. Thornton stated that they were not here to protest and he agreed that they had not taken care of this timely, but this was a shared application and a Judge would not rule against them since this was the original agreement that would allow them to rule. Mr. Thornton commented that they were there tonight to ask for grace to move along and they did not want to continue with the lawsuit because that does not show good faith to the Commission. Mr. Thornton added that they did not have any other recourse since this was a shared application. Commissioner Skaggs commented that he was against a forever exemption and six years was not very timely. Commissioner Detwiler stated that the application was incomplete and incorrect and nothing had been done to correct it until now. Commissioner Detwiler added that that takes away the timely issue.

Mr. Thornton stated that their recourse was to hold the City accountable. Commissioner Detwiler stated that the agreement states that Covenant Housing would pay taxes in a timely manner and that had not been done and the application was not pending until it was correct. Mr. Thornton stated that there had been action to correct the wrong name and now the application needed the signatures. Commissioner Skaggs repeated that the ‘forever’ was what the Commissioners were hung up on. Commissioner Detwiler questioned if the new bond issue did not exempt them until 2014. Mr. Howard commented that the original agreement exempted them until 2004 and they had paid off the original bond debt from 1993 when they purchased Coffeyville, which gave them a ten year exemption on the new bonds.

Mr. Van Blaricum suggested that he talk further with Attorney Keifer to see if they could come up with some other way to handle this. The Commission agreed that that was what they wanted Mr. Van Blaricum to do.

CONSIDERATION AND APPROVAL OF A LETTER OF APPROVAL REQUESTED BY BLYTHE FITNESS CENTER:

Mr. Zach Deeds informed the Commission that Blythe Family Fitness was applying for a grant with the Department of Commerce and he had drafted a letter that did not commit the City to anything. Mayor Hlavachick stated that he had rewritten the letter and he would sign off since this was a good thing for the City. Mr. Howard questioned how those tax credits work. Commissioner Detwiler commented that an individual could donate a block of money that, in turn, could be taken off their State tax return. Commissioner Taylor stated that this was a good thing for both the organization receiving the tax credit and the person donating. Commissioner Taylor made a motion to approve signing the letter of approval. The motion was seconded by Commissioner Skaggs and passed unanimously.

CONSIDERATION AND APPROVAL OF PRATT PUBLIC LIBRARY 2013 BUDGET PROPOSAL:

Ms. Rochelle Westerhaus, Library Board of Trustees Secretary, stated that the additional funding helped the library last year and they were requesting the same for 2013. Ms. Westerhaus informed the Commission that they would be requesting $108,000 from the County, which had been requested but the County Commission do not approve something at the time it is presented to them.

Ms. Westerhaus commented that they have a bare bones budget and Pratt Library was at the bottom of budgeted money when compared to other libraries similar in size. Ms. Westerhaus stated that they were encouraged that they may be able to add back hours that had had to be cut last year. Ms. Westerhaus explained that, at the full extent of the cuts, the Library had gone from being open 62 hours a week to 57 hours and eventually going to 37 hours and each staff member took an 8 hour per week cut. Ms. Westerhaus commented that, with the additional funds, they would go back to 62 hours of operation, which was almost where they had been before the cuts and would also allow them to give the staff back their 8 hours a week that had been cut. Ms. Westerhaus added that the additional funds would make up for the Millar Ranch Endowment low interest income and not to jump up the budget. Mayor Hlavachick commented that many patrons of the Library would like to have Saturday hours back. Mayor Hlavachick stated that he applauded the Library staff for doing what they had to do until interest comes back.

Commissioner Skaggs questioned if they had given it any more thought about charging for the meeting rooms to cover their expenses. Ms. Westerhaus explained that other libraries do have a fee, but they also have kitchen facilities available and most of the meetings held there were small groups, such as TOPS and tutors. Commissioner Skaggs asked what an interlibrary loan was. Ms. Westerhaus stated that that was a program that allowed them to get requested books from somewhere else if they are not in Pratt’s library. Ms. Westerhaus added that this was done at no cost and they, in turn, loan out books since they were members.

After little more discussion, Commissioner Kumberg made a motion to approve the 4 mil budget for the Library. The motion was seconded by Commissioner Detwiler and carried unanimously.

PRESENTATION ON PRMC PROJECT:

• Dividend check:

Mr. Rich Sanders, Sanders Agency, stated that he had good news that was not on the agenda, so he presented the Commission with this year’s dividend check for $28,763.24. Mr. Sanders commented that there were 450 cities in this safety program.

• PRMC project:

Mr. Sanders stated that he was the chairman of the County Hospital Board and, after two years of deliberation over the failed proposal, they were back with a new one. Mr. Sanders commented that the Board had come to some conclusions after feedback from the election, findings from the finance committee that had been hired and the public opinion survey. Mr. Sanders stated that people do realize that the hospital does need to do some upgrading and a majority of the people supported renovating.

Mr. Sanders explained that the construction manager and architect were given objectives, such as saving as much of the existing building as possible, reduce the cost, address the emergency room issues and address the mechanical infrastructure. Mr. Sanders explained past remodeling projects and that the patient rooms did not have enough space to meet today’s standards. Mr. Sanders explained that there was no room to move or shift things while the renovations were going on. Mr. Sanders explained the artist drawing of what they had come up with, which was to build a new one story addition that would be north from the northeast corner of the existing hospital and that would have the patient’s rooms. Mr. Sanders commented that that would allow them to go in and build without disturbing the rest of the hospital.

Mr. Sanders continued to explain the new construction and that 83% of the existing structure would be saved along with the current look of the hospital. Mr. Sanders stated that the cost of the design and construction was estimated at $24,665,000, owner’s equipment was at $1,750,000, bond and financing were at $1,500,000 and owner’s contingency at $1,200,000 for a total of $29,165,000. Mr. Sanders added that that was down from the 2010 total of $34,000,000. Mr. Sanders explained the funding sources as the Hospital Foundation funding $1,200,000, County/County Hospital Board funding $1,165,000 and $26 million from the bond issue. Mr. Sanders stated that they were also going to ask for a ¾ cent sales tax.

Mr. Sanders commented that the hospital had been paying $880,000 on the current bonds and it had been established that they could fund this much and the projection is that the new construction would save approximately $220,000 to $250,000 in utility costs. Mr. Sanders clarified that the ¾ cent sales tax would be for twenty years and it was unlikely that any shortfall would go to property taxes to pay the bond.

Commissioner Taylor questioned if this would be a County wide sales tax increase. Mr. Sanders stated that it would be. Mayor Hlavachick asked if they would be able to go up on the new one level portion of the project. Mr. Sanders stated that they would not. Mr. Sanders commented that the radiology would be going a little north of where they are now and the emergency room would be two and a half times its current size. Mr. Sanders added that x-ray would be a hardened tornado shelter and the new design would allow patients more privacy and to be able to be transported behind closed doors.

Mayor Hlavachick commented that he appreciated what they had done by taking another look at it and cutting costs. Mr. Sanders stated that he felt this was a doable plan and still meets the hospital’s needs. Commissioner Taylor commented that those were the issues that he had been hearing and the urgency last time was due to the low bond rates. Mr. Sanders stated that was correct, but the rates were now at 3.4 to 3.5.

CONSIDERATION AND APPROVAL OF ORDINANCE 1202 AMENDING ZONING CLASSIFICATION FROM A-1 AGRICULTURAL TO I-2 HEAVY INDUSTRIAL IN THE LEMON-WITHERS ADDITION:

City Attorney Van Blaricum stated that this ordinance was for property that was recently annexed and was in the Lemon-Withers Addition. Mr. Van Blaricum commented that this ordinance covered property north of the Sycamore Addition and it would be changing from Agriculture to Heavy Industrial.

The following Ordinance 1202 was then presented to the Commission for their approval: AN ORDINANCE AMENDING THE ZONING CLASSIFICATION OF CERTAIN DESCRIBED PROPERTY IN THE LEMON-WITHERS ADDITION TO THE CITY OF PRATT, KANSAS UNDER THE AUTHORITY GRANTED IN THE ZONING AND SUBDIVISION REGULATIONS AS INCORPORATED INTO THE CODE OF THE CITY OF PRATT, KANSAS. Commissioner Skaggs made a motion to adopt Ordinance 1202. The motion was seconded by Commissioner Detwiler and carried unanimously.

CONSIDERATION AND APPROVAL OF ORDINANCE 1203 AMENDING ZONING CLASSIFICATION FROM A-1 AGRICULTURAL TO C-S HIGHWAY SERVICE IN THE LEMON-WITHERS ADDITION:

Mr. Van Blaricum explained that this was the same property, but 4.62 acres of the southern tip which is right on the highway. Commissioner Taylor questioned if this would allow anything in there that could distract from Maurice’s. Mr. Howard stated that everything from Stout Street to this point were zoned the same way. Building Inspector Blankenship stated that this was favorable to the area and all along First Street, excluding a few residential areas. Mayor Hlavachick questioned if the zoning board had any problems with this. Mr. Blankenship stated that there was no one present that contested and they had had no calls on it.

The following Ordinance 1203 was then presented to the Commission for their approval: AN ORDINANCE AMENDING THE ZONING CLASSIFICATION OF CERTAIN DESCRIBED PROPERTY IN THE LEMON-WITHERS ADDITION TO THE CITY OF PRATT, KANSAS UNDER THE AUTHORITY GRANTED IN THE ZONING AND SUBDIVISION REGULATIONS AS INCORPORATED INTO THE CODE OF THE CITY OF PRATT, KANSAS. A motion by Commissioner Taylor to approve Ordinance 1203 amending the zoning classification in the Lemon-Withers Addition was seconded by Commissioner Kumberg. The motion and second carried unanimously.

OPEN AGENDA – 2:

• Luca’s comments:

Mr. Luca Matei addressed the Commission again about this being a new age and how we live in a time where a model of economics and education were obsolete. Mr. Matei commented that people were getting poorer and poorer and there was no money from the government. Mr. Matei stated that the City could not do it by itself, but it does not look good for the hard working person. Mr. Matei continued stating that the City should be a model and get the young generation to do something like going into agriculture and organic farming for us to use here. Mr. Matei stated that we need to stop the money going out to the County and State.

REPORTS:

City Manager:

• KMU Conference:

City Manager Howard informed the Commission that Director of Electric Utilities Kelly Hemphill, Line Distribution Superintendent Jamie Huber, Power Plant Superintendent Ernie Smith, Energy Agent Kenny Kreutzer, Mayor Hlavachick and he had attended the annual KMU Conference and it had been well attended. Mr. Howard added that they had discussed the EPA regulations and all the utilities that are affected and second day marketing in regards to electric utilities. Mr. Howard explained that it was projected that we would purchase power in a different way and, what it boiled down to, was that the price would be going up; therefore, utility rates would go up. Mr. Howard added that we would know more after the election in November. Mr. Howard commented that they want to drive coal out of the industry and that would do nothing but raise prices.

• KMU Training Center:

Mr. Howard commented that KMU would be building a town as a training center for employees in whatever utilities they deal with and the training would be enhanced. Mr. Howard stated that Mr. Sanders had discussed the pool of Cities that were insured by EMC Insurance and he explained that EMC would not insure you unless you were involved in the training center.

• Lemon-Withers Addition update:

Mr. Howard informed the Commission that he had approved Water Superintendent Kelvin Clay to run the wastewater collection system and it had been completed. Mr. Howard commented that the water line extension project, just north of Fincham Road, would start in the near future.

Public Works:

• Pool Study:

Public Works Director Rambat commented that Mr. Kyle McCawley would be finishing up the report on the pool study and would come to a Commission meeting and do a presentation on his findings.

• Curb project:

Mr. Rambat stated that he had sent out bid proposals for the 2012 Curb, Sidewalk and ADA Ramp project and they would be opened on the 15th. Commissioner Taylor questioned how many contractors were on that list. Mr. Rambat commented that there were about twelve to fifteen and it was also advertised in the paper. Mr. Rambat added that we usually get four or five that return a bid.

• Pool update:

Mr. Rambat informed the Commission that he would be down at the pool to get it ready to fill so that they could open on Memorial Day.

• Pick-up bid:

Commissioner Skaggs questioned if there was a lot of ‘fluff’ in the pick-up bid for the street department, such as heated mirrors and cruise control or if it was a package deal. Mr. Rambat stated that the heated mirrors were important when they were out all night in storms and this would be the only vehicle with cruise control since it would also be used when attending schools. Mr. Rambat added that there was not a need for that if it was just for use in the City. Commissioner Detwiler commented that 4X4’s do use more gas. Mr. Rambat stated that this would be the only 4X4 in that department. Commissioner Detwiler questioned if it was wise to use a 4X4 vehicle to go out of town. Mr. Rambat commented that he could make adjustments to the bid proposal if that was what the Commission wanted him to do, but he was trying to kill two birds with one stone. Commissioner Kumberg commented that it was hard to find vehicles that do not have heated mirrors and seats as standard equipment. Mr. Rambat agreed and added that you had to have them special made if you do not want it equipped with them. Mayor Hlavachick stated that he could see having heated mirrors and had no problem with the proposals.

Inspection Department:

• Mowing letters:

Building Inspector Blankenship commented that they were winding down on letters for mowing. Mr. Blankenship stated that he had checked on about ten properties and all but one had been mowed. Commissioner Taylor questioned if they were mowed by the owner. Mr. Blankenship stated that they were. Mr. Blankenship explained that they have a ten day waiting period and they were sent a certified letter that does not always get back in that time. Mr. Blankenship commented that they were not doing a lot of mowing since some properties had been bought and the new owner was taking care of it.

• Final inspection for restaurant:

Mr. Blankenship informed the Commission that he had completed the final inspection for the new restaurant that opens tomorrow. Mr. Blankenship added that KDHE had also done their final inspection. Commissioner Skaggs questioned if there were not going to be any curb cuts for the parking issues. Mr. Blankenship stated that the City had no control over the properties between 54 Diner and Leroy’s, but the Dragon’s Den had given them permission to go out their driveway. Commissioner Skaggs questioned if Dragon’s Den owned that. Mr. Blankenship explained that they own 5’ into that property and the agreement also included that Dragon’s Den customers could park in the back of the VFW. Mr. Blankenship added that the new owners of 54 Diner had also given their permission for them to come in on that side. Commissioner Skaggs commented that he was concerned that this would cause a traffic hazard with people coming and going out of three restaurants and questioned if KDOT had any concerns. Mr. Blankenship commented that the VFW property line had been further to the west, but 54 Diner had bought that. Mayor Hlavachick asked if they would be opening the driveway that had been blocked off. Mr. Blankenship stated that he did not know.

Electric Department:

• Sixth Street Park project:

Director of Electric Utilities Hemphill commented that the line guys were working on the Sixth Street Park project for the Twelve Days of Christmas display.

• Running engine:

Mr. Hemphill stated that they had run the engine last week for EMP2 on a request from MKEC since the wind had stopped blowing. Mr. Hemphill added that the Holcomb Plant was shut down right now for repairs.

Mr. Hemphill commented that they would be running the diesel engines to replace the center bushings in the tie switch. Mr. Hemphill explained that this was the load side of the transformer that feeds the entire City. Mr. Hemphill stated that they would start the process around 11:00 p.m. Tuesday night and untie from the grid at midnight so that a bushing with the hot spot could be replaced and they would also connect a protection scheme. Mr. Hemphill explained that this would prevent severe damage to the transformer.

Recreation Department:

• First Tournament::

Recreation Director Pinkall commented that they would have their first scheduled tournament Saturday and Sunday with seventeen teams attending. Mr. Pinkall also informed the Commission that there would be the High School Regional Tournament starting on Monday and that would host eight teams.

Power Plant:

• Engine maintenance:

Power Plant Superintendent Smith informed the Commission that maintenance on the engines had gone up due to running them more. Mr. Smith added that they had been running them ten to sixteen hours a day.

• Jefferies Energy not Holcomb:

Energy Agent Kreutzer stated that part of the outages that had been talked about was Jeffries Energy’s Center, which is different than Holcomb. Mr. Kreutzer added that Jeffries has had a unit out for about two months.

Police Department:

• ‘Deaf person’ signage:

Police Chief Myers commented that he had been contacted by a resident that lives in the 500 block of West 7th Street and they were requesting a couple of signs to be placed in that block stating that there was a deaf person in the area. Chief Myers stated that he had visited with Mr. Rambat to see what type of sign would be appropriate. Mayor Hlavachick stated that he felt we should do that. Mr. Rambat explained that there would be a sign placed at each end of the block and the cost should be minimal. Chief Myers added that the resident was grateful that we were checking on it for them.

Finance Department:

• Sales tax for April:

Finance Director Garten stated that the sales tax had increased again for April and was up $52,718 from last year.

Mayor and Commission:

• KMU Conference:

Mayor Hlavachick commented that he had been attending the KMU Conferences since he came on the Commission and this conference was one of the better ones and was well attended. Mayor Hlavachick added that the topics were pertinent. Mayor Hlavachick added that the EPA guidelines were going to make all of us suffer and they were making the regulations based on things that had not been proven and the entire thing was to reduce coal costs.

• Dead Animal:

Commissioner Detwiler commented that she had called the police department about a dead animal on Friday evening and it had not been picked up yet. Mr. Howard stated that they should have called someone that was on call, but he would make sure it got picked up.

• Sidewalk repair:

Commissioner Detwiler stated that she had visited an elderly couple in the 100 block of Gardner Street and their sidewalk was in terrible condition. Mr. Rambat stated that he would put them at the end of the list and try to get it done as soon as possible.

• Sixth Street tickets:

Commissioner Detwiler commented to Chief Myers that it would be a gold mine for the police department to issue tickets after 7:00 p.m. on Sixth Street.

• IPad:

Commissioner Kumberg informed the Commission that he had requested that his packet be sent via email, so that was why he was using his IPad during the meetings.

ADJOURN:

Commissioner Detwiler made a motion to adjourn. The motion was seconded by Commissioner Skaggs and carried unanimously.

_______________________________________

BILL D. HLAVACHICK, Mayor

(SEAL)

ATTEST:

__________________________________

LUANN KRAMER, City Clerk

Friday, May 18, 2012

05/21/2012-City Commission Meeting Agenda

MONDAY

MAY 21, 2012
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. INVOCATION & PLEDGE OF ALLEGIANCE
4. MINUTES – May 07, 2012 Recessed City/County Joint Commission meeting
5. OPEN AGENDA – 1 (City Matters Only) (3 Minute Time Limit)
6. BUSINESS:
6.1 Discussion on A/C and Internet Request from Girl Scouts – Laura Williamson, Girl Scout Rep.; Dave Howard, City Manager
6.2 Consideration and Approval for Red Cross to Use Community Center at No Charge for Evelyn Hillard’s 100th Birthday and 96th Anniversary of Cannonball Trail Chartership on June 1, 2012 – Bruce Pinkall, Recreation Director
6.3 Public Hearing on Unsafe and Dangerous Structure at 305 N. Mound – Mayor & Commission
6.3a Open Public Hearing by Motion-
6.3b Discussion
6.3c Close Public Hearing by Motion
6.4 Consideration and Approval of Resolution 052112 Setting Dates for Repair/Removal of Unsafe and Dangerous Structure at 305 N. Mound – Ken Van Blaricum, City Attorney
6.5 Consideration and Approval of Appointment and Re-Appointments to the Pratt City Planning Commission – Brad Blankenship, Building Inspector
6.6 Consideration and Approval of Bid for Pick-up Purchase for Street Department – Russell Rambat, Public Works Director
6.7 Consideration and Approval of Bid for the 2012 Curb, Sidewalk & ADA Ramp Project – Russell Rambat, Public Works Director
6.8 Discussion on CDBG Grant Requirements – Dave Howard, City Manager
7. OPEN AGENDA – 2 (City Matters Only) (3 Minute Time Limit)
8. REPORTS
8.1 City Manager
8.2 City Attorney
8.3 Department Heads
8.4 Mayor
8.5 City Commission
9. ADJOURN

Tuesday, May 8, 2012

04/16/2012-Approved Joint City/County Commission Meeting Minutes

MONDAY

APRIL 16, 2012

The Governing Body of the City of Pratt met in a recessed Joint session with the County Commission in the Commission Room located in City Hall.

PRESENT:
Jeff Taylor Mayor

Bill Hlavachick Commissioner

Gary Skaggs Commissioner

Karen Detwiler Commissioner

ALSO PRESENT:
Dave Howard City Manager

LuAnn Kramer City Clerk

Ken Van Blaricum City Attorney

Joe Reynolds County Commissioner

Charles Rinke County Commissioner

Dwight Adams County Commissioner

Sherry Kruse County Clerk

Robert Schmisseur County Counselor

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 with the exception of Commissioner Graf.

BUSINESS:

· COUNTY ZONING:

City Manager Dave Howard commented that he had been to some of the zoning meetings, but asked for an update from the County Commissioners. Commissioner Adams stated that he hoped that the final zoning meeting was tonight and the board would be making recommendations to the County Commissioners. Commissioner Adams added that BP would be at the meeting too so the Board could see what they would like to have and that they had stayed away to try and not influence the Board. Commissioner Hlavachick commented that he had been to the forum at the 4-H building and he felt that some were for it and some were against it, but it seemed to be more about the wind farms and not zoning. Commissioner Adams commented that wind farms would be the major discussion.

Mayor Taylor questioned if the zoning would affect the potential towers in southern Pratt County. Mayor Taylor added that some were concerned about the wind towers being around the airport and he could see why. Commissioner Adams stated that it could affect those towers and that they talked about having the setback at 2500’ from an existing structure, but had also talked about the property line. Commissioner Skaggs commented that there were quite the roads built in Kiowa County to get to the towers and they were made to handle the vehicles bringing in the equipment. Mayor Taylor commented that, last time, there were not too many people that were for zoning. Commissioner Reynolds commented that farming was exempt and they had not understood that then.

Commissioner Adams commented that some farmers were concerned that 2500’ was not enough when you were coming off the end of a field. Mayor Taylor questioned if they had had any feedback from the sprayers. Commissioner Adams stated that they wanted 2500’. Commissioner Adams added that a guy from Kinsley was concerned that 2500’ would make you have a lighter load. Mr. Howard commented that the City has an airspace ordinance, but it was not in effect outside the City limits. Commissioner Adams commented that the airport gave them an eight mile resolution, but it would be May 7^th before they would have it to them. Mr. Howard questioned if they were working with the airport. Commissioner Rinke stated that they were. Commissioner Reynolds stated that they have to have zoning in place before they could pass the resolution.

Commissioner Adams stated that one expert said that the wind towers were too close to the airport and then another one says that they were not a problem. Commissioner Detwiler commented that it would not make a difference what was decided, because you were not going to please everyone. Commissioner Hlavachick questioned how much a farmer makes to have a wind tower on their property. County Counselor Robert Schmisseur stated that they may receive a minimum annual payment or they could get a percentage of what was produced; whichever was largest.

Commissioner Hlavachick questioned if they were thinking of extending the moratorium. Commissioner Adams stated that they would be extending it, but they were waiting on zoning. Commissioner Adams added that they would know more in a few weeks. Commissioner Hlavachick questioned if there was a time frame to get zoning completed. Commissioner Adams answered that they were encouraging them to make a decision tonight, but they had not pushed because they wanted them to feel like they had enough time to get all the information.

Mr. Howard commented that it was too bad that we cannot tax energy from wind, because that would be a good revenue source. Mayor Taylor commented that there should be some kind of money coming back. Commissioner Reynolds commented that there was payment in lieu of taxes over several years. Commissioner Adams stated that Barber County spent a lot of money keeping roads maintained. Commissioner Reynolds stated that there was the lack of documents and they had taken their word for it. Mr. Schmisseur stated that Southern Pioneer had a major connection just northwest of Medicine Lodge and they were building a line from around the Dodge City area that would cut through here and loop around to Wichita. Mr. Howard added that they were doing part of that here and we would like to find a purchase power agreement to buy electricity from them. Commissioner Adams commented that there was a power pool that you could sell to even though you do not have an agreement.

Mr. Lucus Kumberg, newly elected City Commissioner, questioned how this all affects property taxes. Mr. Schmisseur explained that commercial property was exempt from ad volerum taxes, but Kansas allows utilities to use dual meters that produce energy and then goes out onto the City of Pratt lines or rural electric and they do not have to pay retail costs. Mr. Howard stated that the City pays 2.3 cents, but most were one and a half cents. Mr. Howard added that most people think they are being charged ten cents, but there are all kinds of transmission charges that we have to pay to get it here. Mr. Howard commented that he was not anti-wind, but the manager of an electric utility and he was looking after that. Mayor Taylor stated that it was hard to make wind energy cost effective, but it was a great economic development tool for Pratt to have them here. Commissioner Adams commented that Pratt County got the biggest benefit because we had a Wal-Mart.

· LADDER TRUCK:

Commissioner Adams brought up the subject of the fire departments and the ladder truck. Mr. Howard stated that he had not put that on the agenda, but he would like to hear from Mr. Schmisseur to get his opinion. Mr. Schmisseur commented that there was already a mutual aid agreement and it was the insurance folks that were saying they had to have this type of paper to get better rates. Mayor Taylor commented that an emergency vehicle would come to our aid in a disaster. Commissioner Adams stated that Township 12 Fire Chief Mark McManaman had concerns about running the ladder truck to every fire when it might be a fire alarm and fifteen guys were responding already. Commissioner Skaggs commented that the fact was that they were volunteers and they want to get paid. Mr. Howard stated that it could be done in shifts and suggested that five cover this week and so on, but all of them would be called for a big fire. Mayor Taylor agreed stating that grass fires in a yard could be a certain kind of fire and so many firemen go. City Clerk Kramer commented that that would be hard to do when all of the volunteers have their jobs and you never know who is in town or can get away from what they are doing. Mr. Howard commented that we do not respond to Township 12 calls unless we are called and, unless we call, they do not respond. Commissioner Adams commented that they were all proud and want to be involved. Commissioner Adams added that they were volunteers and they train on their own time.

Mr. Schmisseur stated that, if there was an issue of too many guys at a fire, it was the Chief’s responsibility to have a system. Mr. Schmisseur also explained that the agreement does not need to be modified now and we should wait until someone says that they want that paper. Commissioner Skaggs clarified that Township 12 and County Fire were two entities, but in the same building. Commissioner Adams stated that the County owns pumper trucks which were located at Township 12. Commissioner Skaggs asked who owned the building. Commissioner Adams stated that it belonged to Township 12.

Commissioner Detwiler commented that private vehicles should not be running red lights and exceeding speed limits. Mr. Howard commented that nobody was exempt from the lights and he had talked to Chief Kramer about that. Mayor Taylor stated that it was better than it used to be.

Mr. Kumberg questioned how many insurance companies in Pratt County use the ISO rating. Mr. Kumberg stated that, in his research, he had found that rates would be better handled on actual risk in the community than using ISO data. Mr. Kumberg added that he did not see the value in it since the fire service had changed so much in the last several years. Mr. Howard stated that he knew that the downtown improvement with the water lines had an effect.

Commissioner Hlavachick stated that he was in a minority thinking that the City needs their own ladder truck with all the multi-story buildings going up. Commissioner Hlavachick added that he had always thought that way. Mayor Taylor commented that it does not hurt to have a plan. Mr. Howard explained that he had contacted Great Plains Development concerning a grant, but the City would have to do their own survey and have it show that 51% of the citizens were low to moderate income. Mr. Howard added that we would have to come up with 25% of the cost for a new truck. Mr. Howard stated that he had visited with City staff about how to do the survey, but they would wait until May 1^st to get started with the process and the grant was due by September 1^st.

· COVENIENT HOUSING TAX ISSUE:

City Attorney Van Blaricum stated that the City had received a petition against them from Covenant Housing concerning the tax issue. Mr. Van Blaricum reminded the Commissions that Covenant Housing had filed an application for permanent tax exempt status in 2006, but had not filed it under the correct name along with other mistakes in both Pratt and Montgomery Counties. Mr. Van Blaricum stated that the City of Pratt owned the facilities in Pratt and Coffeyville. Mr. Van Blaricum commented that Covenant Housing should have made this right long before now.

Mr. Van Blaricum explained that the City voted unanimously not to sign the application at the last Commission meeting and Covenant Housing filed for injunctive relief out of Sedgwick County. Mr. Van Blaricum stated that there were two counts against the City with one being a request for declaratory judgment requiring Pratt to join in the exemption application and the second count is for breach of contract for not signing the application in 2006. Mr. Van Blaricum stated that they want the court to order us to sign the application and, if that does not happen, they will sue us for $75,000 in damages. Mr. Van Blaricum stated that we would have made our point by not signing voluntarily even if the court rules in their favor, but if they rule in our favor, we do not have to sign it.

Mr. Van Blaricum stated that the City had twenty-one days to answer and a hearing would be set to be held in Wichita. Commissioner Detwiler questioned if they were not in breach of contract by not continuing to pay taxes under protest. Commissioner Detwiler added that they had not come to the City in a timely manner and the contract was no longer valid. Mr. Kumberg questioned if the exemption was for the entire property. Mr. Van Blaricum stated that it was and it also was for Montgomery County. Mr. Kumberg agreed that, if they had not paid any property taxes as a whole, they would be in breach of contract. Commissioner Detwiler stated that they had paid taxes in 2005. Mr. Howard added that there were the payments in lieu of taxes that had ended in 2004 and they came to us in 2006 when we refused to sign the application. Mr. Schmisseur stated that they did not have to pay taxes if their application was pending, but they would have to pay five or more years of taxes if the judgment would go against them. Commissioner Detwiler commented that the application could not be pending until it was accurate. Mr. Schmisseur stated that they did not do some things appropriately and it should have been handled more promptly, which we may benefit from.

Mr. Howard questioned if we could be made to sign when only two of the current Commissioners were here then. Mr. Van Blaricum stated that they do not look at individuals. Mr. Kumberg questioned if the taxes would be prorated on what they are worth today rather than yesterday. Mr. Schmisseur answered that there should be an assessed value. Commissioner Skaggs asked if we just sit and wait now. Mr. Van Blaricum stated that that was correct.

Mayor Taylor commented that they had come to us in the beginning concerned about having to file bankruptcy and we did not want them to close. Commissioner Detwiler commented that we should have learned a lot more about the contract and not obligate this Commission to do something that we do not want to do. Commissioner Hlavachick stated that that was not an issue back then. Mr. Howard explained that being a 501c3 does not automatically exempt them from having to pay taxes and they have to apply for it. Mr. Van Blaricum stated that he would be staying in close contact with the Coffeyville attorney. Mr. Van Blaricum explained that we would answer them and get on a docket.

Mr. Van Blaricum reminded the Commission that this was district court and not tax appeals. Mr. Schmisseur added that Covenant Housing had filed an appeal, but both County Appraisers had said that they do not think they were entitled and want a hearing with the Board of State Tax Appeals. Mr. Howard commented that the County still would have issues with the application even if the City were ordered by the court to sign it. Mr. Schmisseur stated that that was correct and they had yet to provide the County Appraiser with Parkwood finances and the right person did not submit the application. Mr. Schmisseur added that Covenant Housing still has things to do to get the exemption, such as proving that they were owned by a not-for-profit that indicates that they were providing discount services. Mr. Van Blaricum stated that Covenant Housing wants an exempt status, but their attorneys sat on this for years and they would have to explain themselves to someone in Topeka.

ADJOURN:

Commissioner Skaggs made a motion to adjourn that was seconded by Commissioner Hlavachick. The motion and second carried unanimously.

______________________________________

JEFF A. TAYLOR, Mayor

(SEAL)

ATTEST:

_____________________________________

LUANN KRAMER, City Clerk

04/16/2012 Approved City Commission Meeting Minutes

MONDAY

APRIL 16, 2012

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

PRESENT:

Bill Hlavachick Mayor

Jeff Taylor Commissioner

Gary Skaggs Commissioner

Karen Detwiler Commissioner

Lucus Kumberg Commissioner

ALSO PRESENT:
Dave Howard City Manager

LuAnn Kramer City Clerk

Ken Van Blaricum City Attorney

Diana Garten Finance Director

Gary Myers Police Chief

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.

INVOCATION AND PLEDGE OF ALLEGIANCE:

Mayor Taylor led the staff and audience in the invocation and Pledge of Allegiance.

MINUTES:

A motion by Commissioner Hlavachick to approve the minutes of the April 02, 2012 regular meeting. The motion was seconded by Commissioner Skaggs and carried unanimously.

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

CERTIFICATION OF APRIL 03, 2012 CITY COMMISSION ELECTION:

City Clerk Kramer read the certification of the April 03, 2012 City General election that had been sent by County Clerk Sherry Kruse indicating that Mr. Lucus Kumberg had received the majority of the votes; therefore, voted in as City Commissioner.

OATH OF OFFICE GIVEN TO NEWLY ELECTED CITY COMMISSIONERS:

City Clerk Kramer gave the oath of office to Mr. Kumberg. Commissioner Kumberg signed the City’s oath of office before the meeting continued.

PRESENTATION OF MAYOR’S PLAQUE:

City Manager Dave Howard presented outgoing Mayor Taylor with a plaque and stated that he and the staff appreciated his leadership and direction the past year.

REORGANIZATION OF PRATT CITY COMMISSION:

1. NOMINATION FOR MAYOR:

A nomination by Commissioner Skaggs for Commissioner Hlavachick to serve as Mayor. Mayor Taylor asked if there were any further nominations for Mayor and, hearing none, closed the nomination process. Commissioner Skaggs made a motion to appoint Commissioner Hlavachick as Mayor. Commissioner Kumberg seconded the motion and the motion and second passed unanimously. Mayor Hlavachick took his place at the dais as the Mayor for 2012/2013.

2. NOMINATION FOR VICE-MAYOR:

A nomination by Commissioner Skaggs for Commissioner Taylor to serve as Vice-Mayor. Mayor Hlavachick asked for other nominations for Vice-Mayor and, hearing none, closed the nomination process for Vice-Mayor. Commissioner Skaggs made a motion to appoint Commissioner Taylor as Vice-Mayor. Commissioner Kumberg seconded the motion and the motion and second passed unanimously.

3. DESIGNATION OF OFFICIAL CITY DEPOSITORIES – THE PEOPLES BANK, FIRST NATIONAL BANK, FIRST STATE BANK AND TRUST:

A motion by Commissioner Taylor to approve The Peoples Bank, First National Bank and The First State Bank as the official City depositories. The motion was seconded by Commissioner Skaggs and carried unanimously.

4. DESIGNATION OF OFFICIAL CITY NEWSPAPER – THE PRATT TRIBUNE:

A motion by Commissioner Taylor to approve The Pratt Tribune as the official newspaper for the City of Pratt. The motion was seconded by Commissioner Kumberg and carried unanimously.

OPEN AGENDA – 1:

· Autism Awareness Fun Day:

Mr. Seth Wiley and Ms. Angela McGraw approached the Commission to make them aware that they would be having an Autism Awareness Picnic and Fun Day at Lemon’s Park on April 28^th from 12 p.m. to 3 p.m. City Manager Howard commented that they had reserved a shelter at Lemon’s earlier. Ms. McGraw commented that they would be having a group walk at the end that would take them through the park. Mr. Wiley added that they would be walking the main walkway and doing other things until the presentation. The Commission thanked them for letting them know about the event. Mayor Hlavachick stated that he appreciated what they were doing.

BUSINESS:

CONSIDERATION AND APPROVAL OF THE RE-APPOINTMENT OF GREG HAYES TO THE PRATT LIBRARY BOARD:

In the absence of anyone from the Library Board, Mayor Hlavachick commented that Mr. Hayes had been recommended for re-appointment by the board and was an active member. Commissioner Detwiler made a motion to re-appoint Mr. Greg Hayes to the Library Board for another term. The motion was seconded by Commissioner Skaggs and carried unanimously.

CONSIDERATION AND APPROVAL OF LOW BID FOR A MOWER FOR THE PARKS DEPARTMENT USING CAPITAL EQUIPMENT RESERVE FUNDS:

Public Works Director Russell Rambat commented that he had gone out for bids to get a mower replacement for the parks department and he had speced it out to BTI and Kincheloe’s Inc. Mr. Rambat explained that both machines were comparable in power and Park Superintendent Mark Eckhoff had used both of these machines at one time or another. Mr. Rambat stated that BTI had returned a bid of $21,000 and Kincheloe’s Inc. had bid $17,639.

Mr. Rambat stated that the funds would come out of the capital equipment reserves since it was a large equipment purchase. Mr. Rambat added that they would normally be trading the old one in, but Mr. Eckhoff wanted to keep the current mower as a spare even though it would not be used on a daily basis. Mr. Rambat made the recommendation to the Commission to accept the bid from Kincheloe’s Inc. on the Kubota mower for $17,639. A motion by Commissioner Skaggs to accept the bid from Kincheloe’s Inc. was seconded by Commissioner Detwiler and carried unanimously.

UPDATE ON DOWNTOWN PARK AREA:

Ms. Tracy Beverlin reminded the Commission that she had visited with them on behalf of the Leadership 2000 Plus class a few months ago about the proposal for a farmers market at Fourth Street and Main Street. Ms. Beverlin commented that the class had regrouped and had taken into consideration the suggestions and concerns that the Commission had about their project.

Ms. Beverlin stated that they now had a landscape design by EBH, had letters and donations and had met with clubs and organizations concerning the project. Ms. Beverlin added that the Rotary Club was going to make this their annual project by helping with a mixture of things and Travel and Tourism donated money to print the brochures. Ms. Beverlin commented that Mr. Zach Deeds would be donating artificial turf which would eliminate mowing concerns and Simpson Dirt and Construction would be doing the dirt work and pour concrete for the walking path at the cost of around $2,000.

Ms. Beverlin stated that they would propose to the City that they move forward and accept the property from The Peoples Bank along with water service, electrical pedestals and light poles and the irrigation system. Ms. Beverlin added that they would also like help with the placement of a drinking fountain and trash receptacles. Ms. Beverlin commented that they would also like to see if the City would be interested in helping with benches and picnic tables, but they could solicit donations for that. Ms. Beverlin stated that she understood that there needed to be a City ordinance that would allow the City parks to be used as a farmers market without needing a permit and she asked that the City look into that as well.

Ms. Beverlin explained that the Leadership 2000 Plus class and volunteers would be loading and unloading the bricks and they would be incorporating Santa’s House and the Christmas tree in the design. Commissioner Taylor questioned if they had a budget they were working with. Ms. Beverlin commented that they were continuing to solicit donations so that the project would not slide off and they had had people express a desire to make a donation, but were on hold waiting on the class to move forward. Ms. Beverlin added that they had $1,500 right now. After discussing some aspects of the design, Ms. Beverlin stated that they were confident that they could raise the money when they take the next step. Commissioner Taylor questioned if the total cost to the City was the $8,980 and the $3,600. Mr. Howard stated that that was the cost for water and the electrical.

Commissioner Skaggs commented that the farmers market was popular at the Presbyterian Church, but some vendors sold out the back of their vehicles. Commissioner Skaggs questioned if there would be bylaws telling vendors that they had to provide tables or tents. Ms. Beverlin stated that it would be the vendor’s responsibility. Commissioner Skaggs asked how they would anchor them down. Ms. Beverlin commented that they could use bricks or something to hold them down. Commissioner Kumberg questioned who would be liable if something happens on the property. Ms. Beverlin stated that it was a City park, so it would be under the City’s umbrella. Mayor Hlavachick commented that the gravel area west of the alley would be a good place for vendors to pull a vehicle up in and he suggested that they visit with The Peoples Bank about using that area.

Mr. Howard stated that it would be cheaper to buy new lighting poles that looked old than to use old poles and they would bury conduit in the pedestals, which would give other events adequate electricity. Mr. Howard commented that there would be more than enough bricks and he had given them the option to pick through them. Mr. Howard added that the City had never had a problem with people donating money for things like benches. Recreation Director Bruce Pinkall commented that he understood that the big cedar tree would be eliminated, but there would be an artificial one to replace it. Ms. Beverlin stated that they were working with Ms. Deb Goyen to keep the Christmas tradition alive. Commissioner Skaggs questioned who would be the master mind to see that the project was done perfectly. Mr. Howard stated that Mr. Pinkall was the City’s liaison. Ms. Beverlin stated that they were not driven on doing it cheap and they would have someone who knows what they were doing, because they want it done right.

Mayor Hlavachick clarified that we have the deed. Mr. Howard stated that that was correct and it would be our property when we file the deed. Mr. Howard commented that peddlers were not allowed on City property, but we do have a solicitor’s permit for going door to door, so this would be something we would have to look at. Commissioner Skaggs questioned if it would be open to vendors on certain days. Mr. Howard answered that we would have to figure that out. Ms. Beverlin stated that they wanted it as a park and wanted it to stay nice, so markets on Saturday mornings or week nights could work. Commissioner Skaggs questioned if there would be a bulletin board somewhere that would post the rules. Ms. Beverlin stated that the association would be in charge of that and people would have to pay dues so that they would know who they were. Commissioner Skaggs commented that this would not be inviting for vendors such as the knife sharpener or the ice cream truck. Ms. Beverlin commented that they would not be able to be in the park, so they would have to park in the street. Mr. Howard stated that the City would not allow them to park in the street. Commissioner Skaggs stated that it would up to The Peoples Bank then.

Commissioner Taylor questioned if they intended for the City to pick up this portion for the water and electrical. Mr. Howard stated that they had been talking with the group and this would be our contribution to the project. Mr. Howard added that they need an approval from the Commission to move forward with the project. Commissioner Taylor commented that things that had been presented seem to be able to be worked out and discussed. Mr. Howard stated that we need a motion for approval to file the deed and let the project move forward. Mr. Howard added that he would have the actual cost back to the Commission at the next meeting.

Commissioner Taylor made a motion to allow the City to file the deed to proceed with the downtown park. Commissioner Kumberg seconded the motion and it carried unanimously.

PRATT PROMOTION CONCEPT – PRATT HAS SOMETHING FOR YOU:

Recreation Director Pinkall presented the Commission with a power point presentation that revealed his view of what was next in promoting Pratt. Mr. Pinkall explained that there was a lot going on with the oil industry and wind generation and we needed to look at how we move from today to 2022. Mr. Pinkall stated that you have to have a’ plan’, you have to ‘believe’ what Pratt is and where we are and you have to be ‘flexible’ because we do not know what is going to happen in 2022.

Mr. Pinkall explained that you have to have a ‘plan’ so that you can promote Pratt as being the place to be. Mr. Pinkall stated that you do that by inviting people to Pratt and be proud of what we have and expand that to include our citizens. Mr. Pinkall commented that you can experience what Pratt has through websites that show our parks and recreation and we need to make sure that it tells our story. Mr. Pinkall stated that we were also on the radio and some television stations and facebook was also a popular social media.

Mr. Pinkall stated that you have to ‘believe’ that Pratt has something for you so people can feel that. Mr. Pinkall commented that you have to share with others and have constant communication. Mr. Pinkall explained that he had looked ahead for the next year and he wanted to fill all fifty-two weekends with activities and there were a number of things that could draw people here for more than one day. Mr. Pinkall stated that once they come here, they may come back, but it takes everyone. Mr. Pinkall commented that events need to promote themselves and one event had been the big promotion for the last day of the 4-H fair. Mr. Howard stated that the goal was that we know how to get businesses to commit to build and that we are able to take care of the industrial side. Mr. Howard added that we want to promote Pratt so that we do not need an energy boom to bring people here, but because it is a nice place. Commissioner Kumberg questioned if there was a focus group or activist to get people involved since your citizens were the best promotion tool. Mr. Pinkall explained that they wanted to get business owners on board and then get individuals involved.

Mr. Pinkall stated that you had to be ‘flexible’ and remain open minded to do different things to promote our community. Mr. Pinkall commented that we have to know what’s important now (W.I.N.) and businesses have to know how they can thrive and feed off of each other. Mr. Pinkall stated that the future is ours, it was up to us and we just need to believe.

Mr. Howard stated that Mr. Pinkall was in the promotional person capacity tonight that had been discussed in budget a year or so ago. Commissioner Taylor commented that one of the first things he was asked about was fishing and hunting, so we might want to involve Wildlife and Parks to expand their visibility. Mr. Howard commented that he had visited with Ms. Linda Lanterman and Mr. Keith Sexson about promoting their visibility in the community. Mr. Pinkall stated that this would grow over time and he looked forward to that.

CONSIDERATION AND APPROVAL OF RE-APPOINTMENT OF DAVE HOWARD AS DIRECTOR #2 ON THE KMEA BOARD OF DIRECTORS:

Mayor Hlavachick commented that KMEA had been a major conduit to the City of Pratt and he appreciated Mr. Howard serving as Director #2 on the board. Mr. Howard stated that Mayor Hlavachick was Director #1 and Director of Electric Utilities Kelly Hemphill was a permanent member of the board. Commissioner Taylor made a motion to reappoint Mr. Howard as Director #2 for the City of Pratt for a two year term. The motion was seconded by Commissioner Detwiler and carried unanimously.

OPEN AGENDA – 2:

No one wished to address the Commission.

REPORTS:

City Manager:

· KDOT’s project on Highway 61:

City Manager Howard commented that there was a meeting on April 5^th and KDOT had invited everybody that would be affected by the Highway 61 project. Mr. Howard stated that they told everyone that they would do everything they could to keep access to businesses during the project. Mr. Howard explained that the cemetery road would not remain open, but the east side to the Industrial Park would be open. Mr. Howard added that when the west side of the project was done, that side would open up. Mr. Howard stated that it would be inconvenient and KDOT wants to get it done as soon as they can.

· Participation in intervention:

Mr. Howard informed the Commission that, at their last meeting, the KMEA Board of Directors had voted to participate in the intervention in the SPP’s second day marketing. Mr. Howard commented that he would have a presentation before budget time on how transmission is today, but, right now, they were not clear on how it was going to be. Mr. Howard stated that the vote gives them a voice at the table during legal proceedings.

Mr. Howard stated that the KPP (Kansas Power Pool) would be filing it with a Missouri based company and Kansas City Power and Light would also participate. Mr. Howard added that he was not sure if they had the right concerns or should have any, but they wanted to have the ability to have some input. Mr. Howard stated that KMEA does not access costs that we sometimes see and it was the SPP (State Power Pool) that regulates them.

City Attorney:

· Jumping the curb:

City Attorney Van Blaricum reminded the Commission that Mr. Ted Neuberger had come in a few weeks ago and had asked if jumping a curb was illegal. Mr. Van Blaricum stated that he had looked into that and it was not illegal.

· Unsafe structures:

Mr. Van Blaricum commented that the question had been raised about how long it takes to take down or make safe some structures and he wanted the Commission to know that the Building Inspector and he were looking into the policy and how it could be changed.

· RV’s:

Mr. Van Blaricum stated that he had not had time to finish anything on our policy on RV’s being parked in someone’s yard, but he would get some information on it and inform the Commission.

Public Works:

· Pool study:

Public Works Director Rambat commented that Mr. Kyle McCawley from Larkin Aquatics had been in town today to do the study of the pool. Mr. Rambat stated that Mr. McCawley had taken pictures and notes and he would return with a report that he would present to the Commission.

· Curb and Gutter project:

Mr. Rambat commented that he was working on the curb, gutter and ADA ramp project and should be ready to go out for bids in a few weeks.

Building Inspections:

· RV Issue:

Building Inspector Blankenship informed the Commission that the RV’s that had been brought up at the last meeting were no longer there. Mr. Blankenship added that it may take a couple of weeks for a person to comply, but we give them time to avoid court.

Electric Department:

· Generation:

Director of Electric Utilities Hemphill commented that they began generation on March 29^th and 30^th using the 14 megawatt steam unit. Mr. Hemphill stated that MKEC had requested that we generate for their purpose and we generated at full load; which was paid for entirely and, in turn, benefited us.

· Tap Changes:

Mr. Hemphill stated that work began on the tap changer on April 1^st and we had tied back in on the 13^th of April with no bad connections. Mr. Hemphill added that the project was completed on April 16^th with the projects indicating that we need to replace a bushing; which we will do in the future.

· Weekend storm:

Mr. Hemphill stated that the City of Pratt had missed the storms over the weekend and the linemen had reported that there were no outages.

Recreation Department:

· Tennis Court project:

Recreation Director Pinkall informed the Commission that the tennis court project was complete and everything was ready for full use.

Finance Department:

· Audit:

Finance Director Garten informed the Commission that the audit team would be here this week from Wednesday to Friday to do the 2011 audit.

· Budget:

Ms. Garten stated that she would be working on the 2013 budget when the auditors were finished. Commissioner Skaggs questioned when we do the budget. Ms. Garten commented that it was usually in July and she would be getting a calendar out so that the Commission could see when it would work for them. Commissioner Taylor asked if it would be for one day. Ms. Garten stated that we schedule two just in case we need that extra day.

Mayor:

· Thanks:

Mayor Hlavachick thanked Commissioner Taylor for doing a great job as Mayor for the past year.

· New restaurant:

Mayor Hlavachick stated that he had been questioned about the new restaurant going into the VFW and whether it was on the historic site register. Building Inspector Blankenship stated that they were not changing the appearances, but they would be moving the kitchen over and adding a handicap bathroom and ramp. Mr. Blankenship assured Mayor Hlavachick that nothing historical was going to change. Mr. Blankenship added that that building was built sturdy. Commissioner Skaggs questioned if Leroy was a local person. Mr. Blankenship stated that he was from around the Haviland/Greensburg area and his name was Levi Murray, but his nickname was Leroy.

Commission:

· S.P.I.R.I.T. membership:

Commissioner Detwiler questioned if the membership fee for S.P.I.R.I.T. was in the budget. Mr. Howard stated that it was. Mayor Hlavachick added that we had been involved with them for a number of years.

· New Equipment at Tennis Court:

Commissioner Detwiler stated that she had heard a rumor that someone had made off with some of the new equipment at the tennis court. Mr. Pinkall stated that he was not aware of that. Ms. Garten stated that she had heard that too and it was the basketball goals that had been taken down when everything was being done. Mr. Pinkall commented that those had been put back up and they were no longer adjustable, but locked at 10’.

· Tennis Court fence:

Mayor Hlavachick requested that the lake committee could use some of the fence from the tennis court if the Humane Society did not use it all. Commissioner Detwiler stated that she would keep that in mind.

· City tour:

Commissioner Kumberg stated that he would be scheduling a tour with Mr. Howard to be taken around to the different City departments. Commissioner Taylor commented that that was a great idea and would be very valuable.

· Welcome:

Commissioner Kumberg stated that he would be relying on the Commission and staff to help make him the best Commissioner he could be. Mayor Hlavachick welcomed Commissioner Kumberg to the Commission.

ADJOURN:

A motion by Commission Taylor to adjourn was seconded by Commissioner Skaggs and carried unanimously.

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BILL D. HLAVACHICK, Mayor

(SEAL)

ATTEST:

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LUANN KRAMER, City Clerk