03/04/2013-City Commission Meeting Agenda

MONDAY

MARCH 04, 2013
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 – February 18, 2013 Regular City Commission Meeting

5. BUSINESS:

5.1 Consideration and Approval of Request to Waive Bid Process for Transformers and Other Equipment for the Hospital Project – Kelly Hemphill, Dir. of Electric Utilities

6. OPEN AGENDA (City Matters Only) (3 Minute Time Limit)

7. REPORTS

7.1 City Manager
7.2 City Attorney
7.3 Department Superintendents
7.4 Mayor
7.5 City Commission

8. ADJOURN

02/04/2013-Approved City Commission Meeting Minutes

MONDAY

February 04, 2013

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

Ken Van Blaricum, City Attorney

Diana Garten, Finance Director

Russell Rambat, Public Works Director

Brad Blankenship, Building Inspector

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.

INVOCATION AND PLEDGE OF ALLEGIANCE:

Commissioner Taylor led the staff and audience in the Invocation and Pledge of Allegiance.

MINUTES:

Commissioner Kumberg made a motion to approve the minutes of the January 21, 2013 regular Commission meeting. The motion was seconded by Commissioner Taylor and carried unanimously.

BUSINESS:

CONSIDERATION AND APPROVAL OF RESOLUTION 020413 CONCERNING APPLICATION FOR USE OF KDOT TRANSPORTATION ENHANCEMENT FUNDS:

Recreation Director Bruce Pinkall stated that the Enhancement Committee was minus two members this evening due to conflicts and they were Ms. Cathy Hergenreder, Memories and Mr. Bob Eastes, Uptown Café/Club D’Est. Mr. Pinkall introduced Ms. Paula White, Manager of South Wind Hospice Thrift Shop, as the spokeswoman for the committee. Ms. White commented that the committee had been meeting since December to discuss ideas, plans, needs and feasibility for the Main Street beautification project. Ms. White stated that the grant deadline was February 15, 2013, so the task force had met with Mr. Pinkall, Mr. Paul Stoner and Mr. Alan Luttrell from EBH Engineering to prepare to meet that deadline.

Ms. White stated that the goals of the task force were three fold, with one being to look at encompassing the four blocks of Main Street, two being to maintain physical responsibility and the third being to plan for the next forty years. Ms. White commented that it would be a golden opportunity to take advantage of the 80/20 grant that should not be passed up. Ms. White added that it had been over forty years since the last beautification project had been completed on Main Street and much of that had declined or deteriorated. Ms. White stated that, as citizens of Pratt, the committee would like to see this project approved to go forward. Ms. White explained that the committee does understand the hardship that this project could cause some businesses, but they felt that the need for safety and beautification of Main Street outweigh the hardship.

Ms. White stated that they had been assured that the City and EBH would do everything possible to keep the lines of communication open during the construction phase, should we be awarded the grant, as well as keeping the businesses interrupted as little as possible. Ms. White explained that, as stewards of Main Street Pratt, they could either be afraid of the risk or they could address the need and future in a positive and responsible manner. Ms. White spoke of embracing the future in a positive manner and that, when a town looks good, it shows that people care. Ms. White stated that we cannot give up on Pratt and this was an opportunity that could not be passed up to ensure the future of an active, attractive and inviting Pratt. Ms. White added that this would not only be for the merchants, but to attract new businesses, as well as make shopping a positive experience for the Pratt citizens, visitors and travelers.

Ms. White introduced the members that were present, which were Mr. Bill Skaggs, Skaggs Ace Hardware; Mr. Steve Parsons, Parsons Jewelry; Ms. Joni Siemens, Stitch by Stitch; Ms. Vanessa Taylor, Peoples Bank and Ms. Melinda Harger, Sears. Ms. White added that Mr. Bob Eastes, Uptown Café/Club D’Est; Ms. Terri Siroky, Simply Southwest; Ms. Barb Harris, Barb Harris Designs and Ms. Kathy Hergenreder, Memories, were absent.

Mr. Parsons stated that this was long overdue and he addressed the safety factor. Mr. Parsons commented on the three incidents that occurred in front of their store. Mr. Parsons added that their volume of business was up during the Main Street Project despite the heat. Mr. Parsons commented that there would be nominal problems incurred for a good project.

Mr. Pinkall shared a drawing of one block of the proposed project and he spoke on the style and design that had been discussed by the committee. Mr. Pinkall pointed out the historical look on the light poles, the no back benches and trash containers, which were a key component. Mr. Pinkall stated that there would be raised planter heights so that they could be used as a seating area, have a tree grate and provide irrigation. Commissioner Skaggs questioned who would control the irrigation system. Mr. Pinkall stated that the City currently has that control and they work with the business owner. City Manager Howard stated that the City had hired someone for several years to take care of the planters on Main Street, but that was open for discussion.

Mr. Pinkall explained the 3” brick accent strip and the services that would be under it. Mr. Pinkall commented that columnar trees would be the type that was best suited for Main Street and placement of the trees would be key. Mr. Blake Himmelwright asked how many trees there would be. Mr. Pinkall stated that there would be three trees per block, which was a total of twelve. Mr. Pinkall stated that the total cost would be approximately $1,197,015 for both sides, with the City’s portion being $219,143 plus Engineering costs of $105,000.

Mr. Pinkall discussed the handicapped parking on the corners. Commissioner Skaggs questioned if there would be electrical outlets in the planters. Mr. Pinkall stated that there would be outlets in the tree boxes as well as the light poles. Commissioner Skaggs asked about the flag add-on to the light poles. Mr. Pinkall explained that they were currently looking at light poles that had grooves that appear to be part of the pole. Commissioner Skaggs also questioned updating the trash containers. Mr. Pinkall stated that they would coordinate the trash containers to the benches, but that exact detail had not been decided. Commissioner Skaggs questioned curb replacement since they had been replaced during the Main Street project. Mr. Pinkall commented that we would have to do some curb and gutter that would be damaged during construction and there were some new curb cuts and we would redo the handicap areas on the corners.

Commissioner Kumberg questioned what would be covered under the traffic control line item. Mr. Pinkall stated that there would be signage, cones or barricades. Mr. Paul Stoner, EBH Engineering, stated that KDOT had some traffic control requirements and it would be specified in the plan. Mr. Pinkall commented that the street would not be completely closed during anytime of the project and the concept was to do a block at a time and one side at a time so that there were lights on the other side. Mr. Pinkall added that they would take into account how the businesses could be affected, their busy times and the accessibility to that business. Commissioner Skaggs questioned if the contractor would be responsible for walkway bridges. Mr. Stoner stated that that was correct and Mr. Pinkall added that the City would work with the contractor so that the walkways were there immediately after the sidewalk was removed. Commissioner Skaggs questioned if heat mats could go under the sidewalks. Mr. Pinkall stated that the businesses would be able to do that at their expense. Commissioner Skaggs stated that he was concerned that the contractor would not want to deal with it. Commissioner Skaggs explained that Skaggs Ace Hardware has a sloped front and was a safety concern to them. Commissioner Skaggs added that heat mats would have to be ordered ahead of time and the contractor would have to be aware of it. Mr. Pinkall stated that there were some garden groups that wanted to be involved in selecting the plants for the planters and trees. Commissioner Skaggs stated that he felt that we should welcome them with open arms if they want to take it on. Mr. Pinkall agreed.

Commissioner Detwiler stated that she had visited with twenty businesses and ten of them knew nothing about this. Commissioner Detwiler stated that there were two who were in favor of the project and she also shared some of the comments/questions from those twenty businesses such as they felt that the planters were used as trash receptacles, some were afraid to speak out because of loss of business, had a $15,000 loss during the street project and have not recovered, less expensive alternate plan, too much money spent, did not think it should be done during this economy and how many more empty buildings do we want on Main Street. Mr. Pinkall stated that he had talked to everybody downtown before the committee had been formed and there were three businesses that were opposed to the project. Mr. Pinkall stated that Ms. Terri Siroky, Ms. Jody Zink and Ms. Sue Peachey felt that it was not the right time. Mr. Pinkall commented that he understood their concerns, but he also hears the ones that say this is the right time. Commissioner Skaggs commented that he was surprised that twenty people were not aware of this, because it had been in the paper. Commissioner Detwiler clarified that she had visited with twenty businesses and ten were not aware of it. Commissioner Detwiler added that she had walked into their business and told them about the project and she felt that was what should have been done. Mr. Pinkall stated that he had done that. Commissioner Detwiler stated that he could not have or ten of them would have been aware of it. Mr. Pinkall stated that he had spoken with all of the businesses and he would share names and numbers, but he would not get into that. Mr. Pinkall added that he may not have spent a lot of time in each business, but he did go to every store on Main Street. Mr. Pinkall stated that he had done that because of a comment made by Commissioner Detwiler that she wanted Main Street in support of it. Mr. Pinkall commented that he had positive answers that he could stand on.

Commissioner Skaggs related this to a super bowl question where people were asked if they had watched it and it was before the game was even played. Commissioner Skaggs stated that if they were a service business and did not depend on retail traffic, they were oblivious to what retailers need for walk-in business. Commissioner Detwiler stated that some were retail and others were service. Commissioner Skaggs stated that he would be interested to see the list from Commissioner Detwiler and added that we needed to upgrade if we want to keep our Main Street viable. Mr. Pinkall stated that that had been part of the discussions with the task force. Mayor Hlavachick stated that he was concerned that Commissioner Detwiler’s list flies in the face of the report from the committee and he asked if there was a suggestion that there was nothing truthful. Commissioner Detwiler stated that there absolutely was not and she did not know who they had been in contact with, but she did know who she had talked to. Commissioner Taylor stated that Mr. Pinkall had just said that he had been in contact with every business on Main Street. Ms. White, committee spokesperson, stated that there had been open meetings and opportunities for people to come forward. Ms. White commented that she did not see how ten businesses could not have heard about the project and that some people prefer to keep their head in the sand. Commissioner Detwiler stated that she had visited with twenty businesses and questioned how ten of them had not heard about this. Commissioner Detwiler added that they had not received anything by email, US mail, phone call or personal visit. Mr. Pinkall stated that they had used the same Main Street mailing list that notified every store owner and land owner and sent a hard copy to each business on that list. Commissioner Taylor stated that he got a mailing, emails and a personal visit. Commissioner Taylor commented that your head was probably in the sand if you did not know. Mayor Hlavachick commended the task force and Mr. Pinkall agreed and publicly thanked the committee for their commitment and time.

Mr. Pinkall provided and discussed the Opinion of Probable Cost to the Commission. Mr. Pinkall stated that KDOT had recommended that the City keep the project within the limits of $1 million and he reminded the Commission that there were several cities vying for this grant. Commissioner Skaggs questioned if EBH was working on any other applications. Mr. Stoner stated that he was also doing an application for Sublette. Mr. Pinkall shared several letters of support, which included letters from USD #382, Pratt Community College, Pratt Regional Medical Center, Parsons Jewelry, Stitch by Stitch, Kansas State Extension Office, Master Gardeners Club, Pratt Rotary Club, Stanion Wholesale, Pratt Young Professionals, Bill Skaggs, ED Board, Peoples Bank, Taylor Printing and several others. Mr. Pinkall added that these were personal letters and not a letter we had them sign.

Mr. Pinkall stated that he would ask that the Commission sign the resolution of support. Commissioner Detwiler questioned where the funds were coming from. Mr. Pinkall stated that they would be from travel and tourism, which was the lodging tax. Commissioner Skaggs commented that something needed to be done to keep us current. After little more discussion, the following Resolution 020413 was then presented to the Commission for their approval: A RESOLUTION DECLARING THE ELIGIBILITY OF THE CITY OF PRATT, KANSAS TO SUBMIT AN APPLICATION TO THE KANSAS DEPARTMENT OF TRANSPORTATION FOR USE OF TRANSPORTATION ENHANCEMENT FUNDS SET FORTH BY THE FEDERAL TRANSPORTATION EQUITY ACT FOR THE 21ST CENTURY FOR THE MAIN STREET STREETSCAPE PROJECT IN PRATT, KANSAS AND AUTHORIZING THE CITY MANAGER TO SIGN THE APPLICATION. Commissioner Taylor made a motion to approve Resolution 020413 declaring the eligibility of the City of Pratt to submit an application to the Kansas Department of Transportation for use of Transportation Enhancement Funds. The motion was seconded by Commissioner Skaggs and carried unanimously.

CONSIDERATION AND APPROVAL OF THE CONTRACT OF SALE BETWEEN THE CITY OF PRATT AND INTERSTATE HOLDINGS, LLC:

City Attorney Ken Van Blaricum stated that this was a follow up to the last meeting on the sale of up to twenty-five acres on the corner of Fincham Street and East Sixth Street for $7,500 per acre with $5,000 paid down, but contingent upon tax credits. Mr. Van Blaricum commented that the title insurance would be needed with taxes pro-rated to the date of closing. Mr. Van Blaricum explained that the buyer would ask to get the tax credits arranged and then would like 120 days after that to do their due diligence. Commissioner Taylor questioned if they would get the escrow money back if they did not receive the tax credits. Mr. Van Blaricum stated that we would keep the escrow funds if they back out. Mr. Van Blaricum added that Interstate Holdings, LLC would put up additional escrow if they go past the due diligence time.

Commissioner Taylor questioned if the City should choose the twenty-five acres for them. City Manager Howard commented that Interstate Holdings understood how we intended to zone the property. Mr. Howard added that Interstate Holdings does do commercial property, but they were concentrating on the housing portions at this time. Commissioner Skaggs questioned if they would choose the prime property and leave us a valley. Mr. Howard and Mr. Van Blaricum stated that the City would dictate what happens on the property by the zoning.

Commissioner Detwiler questioned if this property would remain on the market. Mr. Howard and Mr. Van Blaricum explained that it could not stay on the market if there was a contract on it. Mayor Hlavachick stated that he was personally interested in developing the property. Commissioner Detwiler commented that she was hesitant to lock the property up for 120 days for nothing if it fell through. Commissioner Skaggs commented that we do not know how many offers we would get on this property and we should move along. Commissioner Taylor commented that a bird in the hand was worth two in the bush and we have that bird in the hand. Commissioner Detwiler stated that what we have is why the City should not get into real estate, because we were not good marketers. Mr. Howard stated that the City was the driving force for everything that was happening. Commissioner Detwiler added that there were a lot of empty buildings on Main Street. Commissioner Taylor commented that there were always vacant buildings on Main Street and it was a way of business for buildings to vacate and re-rent. Commissioner Taylor stated that he had never had a building in town that he could not rent. Commissioner Taylor added that Pratt has a viable Main Street and there were reasons why they were not rented and it was not because it was on Main Street. Mr. Howard commented that retail interest was always directed to Main Street buildings and the biggest issue he had heard about was the age and condition of the buildings along with parking issues.

Commissioner Kumberg made a motion to accept the contract of sale between the City of Pratt and Interstate Holdings, LLC. The motion was seconded by Commissioner Taylor and carried with four approved votes and one opposed vote by Commissioner Detwiler.

CONSIDERATION AND APPROVAL OF ORDINANCES INCREASING SERVICE LATE FEES:

1. Ordinance 1301 – Water Service Late Fee Increase

2. Ordinance 1302 - Solid Waste Late Fee Increase

3. Ordinance 1303 – Sewer Service Late Fee Increase

Mr. Van Blaricum stated that the Commission had previously increased the late fee on the electric utility, so these three ordinances mirror that for the water, solid waste and sewer services. The following Ordinances 1301, 1302 and 1303 were then presented to the Commission for their approval: ORDINANCE NO. 1301: AN ORDINANCE AMENDING SECTION 13.04.110 OF THE PRATT MUNICIPAL CODE OF THE CITY OF PRATT, KANSAS, WATER SERVICE SYSTEM PAYMENT; ORDINANCE NO. 1302: AN ORDINANCE AMENDING SECTION 8.28.080 OF THE PRATT MUNICIPAL CODE OF THE CITY OF PRATT, KANSAS, SOLID WASTE COLLECTION AND DISPOSAL; PAYMENT OF CHARGES; ORDINANCE NO. 1303: AN ORDINANCE AMENDING SECTION 13.16.100 OF THE PRATT MUNICIPAL CODE OF THE CITY OF PRATT, KANSAS, SEWER SERVICE SYSTEM BILLING PROCEDURES. Commissioner Detwiler made a motion to approve Ordinance 1301 increasing late fees for the water service, Ordinance 1302 increasing late fees for the solid waste service and Ordinance 1303 increasing the late fees for the sewer service system. Commissioner Skaggs seconded the motion and it passed unanimously.

CONSIDERATION AND APPROVAL OF ORDINANCE 1304 AUTHORIZING THE SECOND AMENDMENT TO THE LOAN AGREEMENT BETWEEN CITY AND KDHE:

Mr. Van Blaricum explained that this was the legal paper work needed to get this loan amendment. The following Ordinance 1304 was then presented to the Commission for their approval: AN ORDINANCE AUTHORIZING THE EXECUTION OF THE SECOND AMENDMENT TO THE LOAN AGREEMENT BETWEEN PRATT, KANSAS AND THE STATE OF KANSAS, ACTING BY AND THROUGH THE KANSAS DEPARTMENT OF HEALTH AND ENVIRONMENT FOR THE PURPOSE OF OBTAINING A LOAN FROM THE KANSAS WATER POLLUTION CONTROL REVOLVING FUND FOR THE PURPOSE OF FINANCING A WASTEWATER TREATMENT PROJECT; ESTABLISHING A DEDICATED SOURCE OF REVENUE FOR REPAYMENT OF SUCH LOAN; AUTHORIZING AND APPROVING CERTAIN DOCUMENTS IN CONNECTION THEREWITH; AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION WITH THE SECOND AMENDMENT TO THE LOAN AGREEMENT. Commissioner Skaggs made a motion to approve Ordinance 1304 authorizing the second amendment to the loan agreement between the City and KDHE. The motion was seconded by Commissioner Kumberg and carried unanimously.

DISCUSSION ON JOINT CITY/COUNTY MEETING:

Mr. Howard commented that the PRMC Building Committee wanted to meet with the City and County to update everyone on the project. Mr. Howard stated that the meeting would last 45 minutes to an hour on March 4th. Commissioner Kumberg stated that he had a conflict on March 4th and would not be able to attend. Commissioner Kumberg questioned if it could be rescheduled for the 18th. Commissioner Taylor commented that he would prefer scheduling the meeting for 3:30 pm to 5 pm. Mayor Hlavachick and Commissioner Skaggs agreed. Commissioner Detwiler stated that she would check her schedule.

OPEN AGENDA:

• High Court Costs:

Mr. Luca Matei stated that he was stopped by the police going to Wal-Mart and got a fine of $36 and court costs of $80. Mr. Matei questioned the Commission on who he should talk to about the $80 court cost. Commissioner Taylor questioned why it was separated out. Mr. Van Blaricum stated that was how it worked and he got the fine of $36 for speeding. Mr. Van Blaricum added that it was intended to clarify what you were paying for. Mr. Matei stated that it was too much. Mr. Van Blaricum reminded the Commission that they had increased court costs a couple of years ago from $60 to $80 so that we would be in line with other towns.

REPORTS:

City Manager:

• Application to combine wells:

Mr. Howard informed the Commission that the City would be filing an application with the Division of Water Resources to combine the two wells at the airport to try to save the 11 acre feet. Mr. Howard explained that we would be moving well #2 into well #1. Commissioner Skaggs questioned the contamination. Mr. Howard stated that well #2 was contaminated with carbon tetrachloride, but there were still twenty-three monitoring wells. Mr. Howard explained that, if they allow us to combine the two wells, we would still maintain the 11 acre feet.

• BP Wind Energy meeting:

Mr. Howard stated that Director of Electric Utilities Hemphill and he had met with Mr. Karl Pierce, BP Wind Energy. Mr. Howard commented that, if they tie the 150 mega watts into the substation, we do not know what distortions we would get or what protections we would get from them. Mr. Howard stated that Mr. Pierce assured them that they would do whatever they could to alleviate those questions. Mr. Howard added that Sunflower would also be looking out for our issues.

Mr. Howard stated that the County was continuing their process for planning and zoning, so we would pursue discussions once they approve that. Commissioner Skaggs questioned what the worst case scenario could be. Mr. Howard stated that harmonic distortions could cause us some problems, because we had to stay in balance with Sunflower. Mr. Howard added that he was confident that Sunflower would make sure that BP would be held responsible for any issues.

City Attorney:

• Landscaping Ordinance:

Mr. Van Blaricum stated that Building Inspector Blankenship had come up with a good landscaping ordinance, but he had not had time to review it.

Public Works:

• Pool Upgrades:

Mr. Rambat stated that Mr. Kyle McCawley from Larkin Aquatics and he had a timeline they would like to follow and they hoped to have the plans and documents ready to go by February 11th. Mr. Rambat added that it would take about a week to review them and they should be ready for the bid process to start the end of the month. Mr. Rambat commented that they would like to get a contractor on board by April. Mr. Rambat commented that this was mostly a labor issue, so the bid would specify that one of the requirements would be that the contractors have experience with aquatic structures.

Commissioner Skaggs questioned if the 2,730 square feet of concrete was what had gone bad. Mr. Rambat stated that it was decided to do a five panel base and redo all the joints for longevity purposes. Commissioner Skaggs questioned if the problem areas were in the deep end. Mr. Rambat stated that most of those issues were in the shallow end and this would give a nice smooth surface on the bottom to paint. Commissioner Skaggs asked about going back to some sort of liner. Mr. Rambat stated that that was not the intention and the liner was much more expensive and the only guarantee on the liner was five years. Mr. Rambat stated that Mr. McCawley was confident that this would give us an additional ten years out of the pool.

Commissioner Detwiler questioned if they had addressed the ADA issues in the bath houses. Mr. Rambat stated that we were concerned with getting the pool issues resolved first and getting the roof repaired and then they would start addressing the other issues and the bath houses in the near future. Mr. Howard stated that we had also discussed the water park idea with Mr. McCawley and he had come up with an idea about tying the two together, but the first concern was the cost of the pool upgrade. Commissioner Skaggs commented that we need to watch our terminology between water park, which he gets resistance for, and splash park. Mr. Howard stated that he meant splash park.

• 6th Street Ditch:

Mr. Rambat stated that they were making progress on the Sixth Street ditch project. Mr. Rambat explained that they were letting the concrete set before adding any pressure. Commissioner Detwiler questioned reseeding. Mr. Rambat stated that they were going to try and quick seed it until the Bermuda takes off and they could possibly use rye coverage to hold it for now.

• New sidewalk in South Main park:

Mr. Rambat informed the Commission that there was a new sidewalk installed in the South Main Park around the new playground equipment.

Building Inspections:

• Car Wash:

Mr. Blankenship stated that the car wash had poured the concrete walls today and they were impervious to anything and should last a long time. Mr. Howard questioned when the completion date was. Mr. Blankenship stated that he was unsure, but they were working seven days a week.

Power Plant:

• Steam Plant update:

Power Plant Superintendent Smith stated that the steam plant would be unavailable for thirty days. Mr. Smith commented that the State inspector was testing the boiler and it had to be off-line for a time. Mr. Smith added that we carry a load of 11 mgs if it was really cold. Mr. Howard stated that we could easily handle that with the other plants.

Commission:

• Honeysuckle in the park:

Mayor Hlavachick stated that he was concerned about the bush honeysuckle in the park and making it difficult to walk outside the trail. Mayor Hlavachick commented that Park Superintendent Eckhoff had taken care of it around the trail.

• Backfill Materials:

Commissioner Detwiler questioned if the material that had been pulled out on the south side of Sixth Street would be used for backfill. Mr. Rambat stated that that was correct.

• Executive Session:

Mayor Hlavachick made a motion to go into executive session for attorney/client privilege for ten minutes to discuss real estate. Commissioner Taylor seconded the motion and it carried unanimously.

Mayor Hlavachick made a motion to return from executive session with nothing to report. Motion and proper second passed unanimously.

ADJOURN:

Commissioner Taylor 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

** Notes taken by Finance Director. Minutes written from the notes and recording by the City Clerk.

02/18/13-City Commission Meeting Agenda

MONDAY
FEBRUARY 18, 2013
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 – February 04, 2013 Regular City Commission Meeting

5. BUSINESS:

5.1 Consideration and Approval of 5 K Color Fun Run Requested by PAHS – Jackie Hogan

5.2 Consideration and Approval of City Fire Department’s Use of Lemon’s Park on May 24th & 25th for 3rd Annual Car Show – Captain Todd Hoffman, City Fire Department

5.3 Consideration and Approval of Bid for New Sanitation Truck – Russell Rambat, Public Works Director

5.4 Consideration and Approval of the Purchase of Konkel Property – Ken Van Blaricum, City Attorney; Dave Howard, City Manager

6. OPEN AGENDA (City Matters Only) (3 Minute Time Limit)

7. REPORTS

7.1 City Manager
7.2 City Attorney
7.3 Department Superintendents
7.4 Mayor
7.5 City Commission

8. ADJOURN

1/21/13-Approved City Commission Meeting Minutes

MONDAY

January 21, 2013

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

Russell Rambat, Public Works Director

Gary Myers, Chief of Police

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.

INVOCATION AND PLEDGE OF ALLEGIANCE:

Commissioner Taylor led the staff and audience in the Invocation and Pledge of Allegiance.

MINUTES:

Commissioner Taylor made a motion to approve the minutes of the January 07, 2013 regular Commission meeting. The motion was seconded by Commissioner Detwiler and carried unanimously.

BUSINESS:

CONSIDERATION AND APPROVAL OF CONTRACT OF SALE WITH INTERSTATE HOLDINGS, LLC:

A. RESOLUTION 012113 - RESOLUTION OF SUPPORT FOR AN AFFORDABLE HOUSING DEVELOPMENT BY MRE CAPITAL, LLC

City Manager Dave Howard introduced Mr. Jacob Mooney with MRE Capital, LLC and explained that he was interested in developing the land north of the Green Sports Complex. Mr. Howard stated that this process was in the preliminary stages, but there was a resolution that had to be approved by February 1st, so this was the only meeting that that could be done.

Mr. Mooney commented to the Commission that his partner and he were from the Kansas City area and he had attended K-State, heard about the hot and cold water towers and pizza tacos, so he was somewhat familiar with Pratt. Mr. Mooney stated that Pratt had turned in a positive way with all the oil happenings and they were interested in doing a three phase project in Pratt that would start with apartments. Mr. Mooney stated that the apartments would be three two story buildings with forty-eight units. Mr. Mooney explained that the drawing he had provided was a guide and was not a final layout.

Commissioner Taylor questioned if we were going to keep any property. Mr. Howard explained the layout of the property and pointed out the big drainage area. Mr. Mooney stated that they were willing to buy what the City decided they wanted to sell. Mr. Mooney commented that the Resolution states the basic ideas, but there were a lot more steps before shovels were in the ground. Mr. Mooney added that they would like to start construction in late summer or early fall. Mayor Hlavachick questioned if it would cover the entire area. Mr. Howard answered that the resolution had twenty-five acres, but it was showing fifteen to sixteen acres so we would have to see how the City feels about the commercial piece. City Attorney Ken Van Blaricum clarified that the resolution encourages the housing development up to the twenty-five acres.

Commissioner Taylor questioned if they were to act on the contract tonight. Mr. Howard stated that the contract would be modified tonight and that this was just the starting point since this was the only meeting before it needed to be submitted. Mr. Mooney added that the application had to be submitted by February 1st and then we wait. Mr. Mooney stated that they would come back if the application was approved and they would then work on zoning and permitting. Mr. Mooney commented that he had just come in to see if this was good idea or not. Mr. Howard stated that the land would need to be annexed into the City and the proposed zoning would fit the general idea.

Commissioner Detwiler questioned if the legal description in the resolution was sufficient. Mr. Mooney commented that they would need a legal description, but they would need permission to move forward with the contract first. Mr. Van Blaricum agreed that the resolution was acceptable without a detailed legal description. Mr. Van Blaricum added that the resolution states that MRE Capital, LLC intends to file a housing tax credit application with the Kansas Housing Resources Corporation for the development of affordable rental housing at the northwest corner of Fincham and east 6th Street. Mr. Van Blaricum continued pointing out that the resolution also stated that this will be new construction and would have amenities such as a fitness and game room, onsite management and a green area plus washer and dryer hook ups in each unit. Mr. Van Blaricum commented that the resolution would be effective until February 2, 2014.

Commissioner Kumberg asked if phase one included the forty-eight units. Mr. Mooney explained that this was what his company does and they own six other developments. Commissioner Taylor questioned if this was affordable rent housing for the low to moderate income. Mr. Mooney stated that it was more moderate and he explained that they participate in Section 42, which allows any subsidy to go to the developer and then they set the rent at $450/$500 plus utilities, which were paid by the tenant. Mr. Mooney explained that these were not intended for people who would be there for ten years, but were meant to be more transitional from moderate to market level.

Mr. Howard stated that the property had not been annexed or zoned and would have to be plated before anything would be approved. Mr. Mooney informed the Commission that they were not asking for any incentives. Commissioner Taylor questioned how that would affect property taxes. Mr. Mooney stated that they pay property taxes.

After little more discussion, the following Resolution 012113 was then presented to the Commission for their approval: A RESOLUTION OF SUPPORT FOR AN AFFORDABLE HOUSING DEVELOPMENT BY MRE CAPITAL, LLC. Commissioner Kumberg made a motion to approve Resolution 012113 in support of an affordable housing development by MRE Capital, LLC. The motion was seconded and carried unanimously.

B. CONTRACT OF SALE BETWEEN CITY OF PRATT AND INTERSTATE HOLDINGS, LLC.

Mr. Van Blaricum stated that the contract of sale was just for the Commission’s information and that it states that the City was interested in selling the property. Mr. Van Blaricum commented that he had spoken with their attorney and they were in agreement that they could work together to get a contract that everyone would be happy with. Mr. Howard added that Mr. Van Blaricum would do the negotiating, but the Commission would still have to approve it.

CONSIDERATION AND APPROVAL OF LOW BID FOR TRANSFORMERS FOR STOCK PURCHASE:

Line Distribution Superintendent Jamie Huber commented that they had gone out for bids for thirty-eight transformers for stock. Mr. Huber stated that they had received a quote back from Stanion Wholesale Electric for $53,855.36 with an 8-10 week lead time and Kriz-Davis bid $60,756.52 with a lead time of 6-8 weeks. Mr. Huber explained that he had looked over both quotes and he would recommend the low bid from Stanion Wholesale Electric. Mr. Huber explained that they had used up their stock this fall and winter, so they needed to restock their inventory. Commissioner Skaggs commented that he was surprised that we use that many transformers. Mr. Huber stated that they have projects scheduled and they would put the transformers that they take down back into stock.

Commissioner Taylor made a motion to approve the purchase of transformers from Stanion Wholesale Electric in the amount of $53,855.36. The motion was seconded by Commissioner Skaggs and carried unanimously.

CONSIDERATION AND APPROVAL OF APPOINTMENTS TO THE CEMETERY BOARD:

Public Works Director Russell Rambat commented that there were two positions on the Cemetery Board that would expire on February 1st. Mr. Rambat explained that Ms. Tonya Mantey and Ms. Lori Jones had been contacted and they were willing to serve an additional term. Mr. Rambat stated that he would recommend their reappointment, but was also open to any recommendations the Commission would have. After little discussion, Commissioner Skaggs made a motion to approve the two appointments to the Cemetery Board. The motion was seconded by Commissioner Kumberg. Commissioner Taylor asked if they attended the meetings regularly. Mr. Rambat stated that they were very involved. The motion and second carried unanimously.

DISCUSSION ON FEDERAL FUNDING AVAILABILITY TO WIDEN US HIGHWAY 54 & US HIGHWAY 281 TO ADD TURN LANES:

City Manager Howard explained to the Commission that the City had received a letter from KDOT offering the City federal funding and they were proposing turn lanes on Highway 54 and Highway 281. Mr. Howard stated that this would be 80/20 funding up to a maximum of $800,000. Mr. Howard added that this was a great idea and a great opportunity.

Mr. Howard commented that they were going to do the preliminary work if we were in agreement with the project. Mr. Howard added that this would relieve some of the stress on Jackson Street. Mr. Howard explained the potential construction to add the turn lanes. Commissioner Skaggs commented that the affect on parking would be a concern. Mr. Howard stated that this was something that we would have an opportunity to commit to or not. Commissioner Taylor commented that he was interested and that he thought it was a great idea. Mr. Howard reassured the Commission that there was interest, but we were not obligated and that it would take their approval before anything would be done.

CONSIDERATION AND APPROVAL OF 2014 KLINK PROJECT AGREEMENT:

Public Works Director Russell Rambat reminded the Commission that the City had been awarded the 2014 KLINK project back in August and that he had had EBH Engineering update their ‘Opinion of Probable Cost’ that includes replacing the full width of North Main Street from First Street north 40’ and narrowing to the standard 24’ to the intersection of Blaine Street.

Mr. Rambat stated that he would resubmit the application for the 2015 Geometric Improvement project for the remainder of North Main Street to the railroad tracks and, if we were selected, KDOT might allow the City to combine the two projects like we had on South Main Street to maximize our dollars. Mr. Rambat added that we would cross that bridge when we got there. Commissioner Kumberg made a motion to approve the agreement between KDOT and the City. The motion was seconded by Commissioner Taylor and carried unanimously.

OPEN AGENDA:

• Transformer approval:

Mayor Hlavachick reminded Mr. Luca Matei that there was a three minute limit and he had to discuss City matters only. Mr. Matei stated that he was amazed how fast the Commission approved the purchase of the transformers not knowing the quantity or size. Commissioner Skaggs stated that they were listed in their packet.

• Selling of copper wire:

Mr. Matei stated that someone had broken into his apartment and taken the copper wire and he questioned if a business should have records of who was selling the wire. Mr. Matei commented that it was impossible for the police to find out who did it. Commissioner Taylor commented that they have to sign a form when they do their recycling. Mr. Matei stated that this one did not. Mr. Howard stated that we could check to see what the law requires. Commissioner Skaggs stated that the City Attorney could investigate too.

REPORTS:

City Manager:

• Atrazine settlement:

Mr. Howard commented to the Commissioners that the City had been sent a check for $7,591.80 on the atrazine settlement; which was contamination of our ground water.

• Sandy Creek zoning:

Mr. Howard stated that the Planning and Zoning Board had approved the zoning of Sandy Creek Addition. Mr. Howard commented that the housing was R1and the three acre commercial property was zoned Commercial Highway. Mr. Howard explained that there had to be a twenty-five day waiting period between the Planning and Zoning meeting and the meeting where it would be presented to the Commission, so it should be before the Commission the second meeting in February. Mr. Howard stated that they would go out to bid to see what we get back.

• Airport wells:

Mr. Howard stated that Water Superintendent Kelvin Clay and he had met with the Airport Authority to talk about the water issues at the airport. Mr. Howard explained that there was an article in the paper about the contaminated well, but he clarified that both wells were contaminated and it was that the one well was contaminated with something worse than nitrates. Mr. Howard stated that we were getting close to pumping our allocated water rights out of that well and we were going to request that they combine the two wells to see what happens. Mr. Howard added that we were not expecting them to do it and the ultimate goal would be to get the City’s water out there.

Mayor Hlavachick questioned if the Department of Defense was out of the equation. Mr. Howard stated that KDHE continues to do testing, but if we exceed the pumping rights to that well, it would become an issue. Commissioner Kumberg asked what happens when you over pump a well. Mr. Howard stated that we would find out if it happened, but we were diverting some of the bulk water sales down to the City plant. Mr. Howard added that we lost eleven acre feet of water out there and it was not the City or the Airport’s fault. Commissioner Kumberg commented that, with the growth of businesses at the Airport, they were going to need to have water, so he questioned what an estimated cost to run water out there would be. Mr. Howard stated that we had been working with the Corp to run water out to one individual and that estimate was around $1 million to take it up to the airport and do away with the pump.

Commissioner Skaggs commented that the minutes from the Airport Authority stated that they do not want to give up those water rights to that well. Mr. Howard stated he had had a conversation with Airport Manager Reid Bell and he had told him that we were thinking about abandoning the contaminated well. Mr. Howard added that the Airport Authority Board took that as we wanted to abandon the water rights; which was not the case.

Mayor Hlavachick questioned if they still monitor the flume. Mr. Rambat stated that it had been a few years, but we do not usually get residential numbers unless they come out publically. Commissioner Kumberg confirmed that there would not be any issues attaching our water system to the airport and over pumping. Mr. Howard stated that that would not be an issue. Mr. Howard explained that we do not pump to full capacity even with the 800 acre feet contracted to the Ethanol Plant.

Commissioner Kumberg asked that the airport keep the Commission informed on this issue. Mr. Howard explained that the airport had the authority, but the City kept the responsibility of the water and sewer system. Commissioner Taylor commented that the hopes and expectations of the City were that the Federal Government would lay the line. Mr. Howard stated that there had been cases where they go in and correct it, but they will not admit that they were responsible.

Public Works:

• Drainage Ditch:

Public Works Director Rambat commented that the work on the drainage ditch on Sixth Street had started and was moving along nicely.

• Playground equipment:

Mr. Rambat informed the Commission that the play ground equipment at the South Park had been installed. Mr. Rambat added that they would be working with a contractor to install an ada ramp and 150’ of concrete. Mr. Rambat stated that the parks department had been working on the bathroom to make it a unisex bathroom and it was going to be nice when they finished. Mr. Rambat commented that he would compare dollars spent to dollars approved for this project and, if there was money left, he would look at an access off of Main Street and coming across west.

Electric Department:

• Overhead power lines moved:

Director of Electric Utilities Hemphill informed the Commission that Line Distribution had been working on moving the overhead power lines to underground near Waldeck.

• Withers Addition:

Mr. Hemphill stated that they were currently working at the Withers Addition building a new service primary for the businesses going out there.

• Maintenance:

Mr. Hemphill commented that the power plant continued their maintenance on the engines and both were capable of going on line.

Recreation Department:

• Blythe Fitness:

Recreation Director Pinkall stated that he had been working with Blythe Fitness for the last few months and had worked with them on the home school tournament this past weekend and the volleyball tournament this coming weekend. Mr. Pinkall commented that some of the assistance had come from Mr. Rambat who did the brackets for the tournaments and he (Mr. Pinkall) had coordinated the facilities for the volleyball games between Blythe Fitness and the High School. Mr. Pinkall informed the Commission that we would start playing our youth basketball at Blythe Fitness this Saturday.

Commissioner Detwiler questioned if there was a charge associated with using the courts. Mr. Pinkall stated that they had not billed him yet, but there would probably be a small fee, possibly $25. Mr. Pinkall added that he would know more when they figure out how many hours we would be there.

• NBC Tournament:

Mr. Pinkall stated that we had been awarded the 12 and Under NBC Tournament this summer. Mr. Pinkall added that American Legion Organization had announced that we would be hosting the AA Midwest Regional and AA State. Mr. Pinkall commented that the State tournament starts July 31st and goes for four days and the Midwest Regional Tournament starts the weekend after that. Mr. Pinkall stated that Nevada, Nebraska, Minnesota, North and South Dakota and Michigan had attended the Midwest Regional’s the last time we hosted. Mr. Pinkall commented that he would have to secure lodging and have options, which would be done in the next few weeks.

Police Department:

• Mandatory training:

Police Chief Gary Myers informed the Commission that his department had attended a mandatory training with USD 382 to formulate a contingency plan response to an active shooter. Chief Myers stated that they toured both high schools, middle school, Southwest and the administrative offices. Chief Myers commented that they were prepared, but hoped that they never had to use it.

Finance Department:

• Donation:

Finance Director Garten informed the Commission that the City had received a donation from Ms. Mary Jo McCoy, who was a relative to Mr. Blake Himmelwright. Ms. Garten stated that the donation was for $30,000 and was to be used for upgrades, improvements and maintenance to Lemon’s Park.

Ms. Garten commented that Mr. Himmelwright informed her that Ms. McCoy lives in California, but was raised here. Ms. Garten added that Ms. McCoy was handicapped and did not get back here very often. Ms. Garten stated that Mr. Himmelwright thought it would be a nice gesture to thank her with a gold key to the City. Commissioner Taylor questioned if she would be here anytime. Ms. Garten stated that, in talking to Mr. Himmelwright, it did not sound like it. Mr. Howard stated that he had been working with Mr. Himmelwright on a plan to put a water system in the park to keep a big part of the park green in the summer time and also tree replacement. Mr. Howard added that Mr. Rambat, Park Superintendent Eckhoff, and Mayor Hlavachick were the unofficial committee working on this.

Mayor:

• Executive Session:

Mayor Hlavachick requested an executive session for attorney/client privilege to discuss real estate and to last ten minutes. Mayor Hlavachick stated that he would make that motion at the end of the meeting.

Commission:

• Sidewalk damage:

Commissioner Detwiler questioned if Mr. Rambat was aware of the sidewalk damage done by the concrete trucks. Mr. Rambat stated that he was and it would be addressed when the project was done.

• Sign lowered:

Commissioner Detwiler commented that she had driven down Santa Fe Road and she did not think that people were seeing the speed limit signs. Commissioner Detwiler questioned if they could be lowered. Mr. Rambat stated that he would check on that.

• Crosswalk marked:

Commissioner Detwiler commented that she would still like to see a crosswalk marked across Santa Fe Road.

• Pedestrian sign:

Commissioner Detwiler questioned if Mr. Rambat had looked at moving the Pedestrian sign in Lemon’s Park. Commissioner Detwiler suggested that it could be put back in the park a little bit.

• Landscaping Ordinance:

Commissioner Taylor questioned if the Landscape Ordinance was about done. Building Inspector Blankenship stated that he had not put it before the Planning and Zoning Board, but would in the quick future.

Executive Session:

Mayor Hlavachick made a motion to go into executive session for attorney/client privilege for ten minutes to discuss real estate. The motion was seconded by Commissioner Taylor and carried unanimously.

Mayor Hlavachick made a motion to return from executive session with nothing to report. The motion was properly seconded and carried unanimously.

ADJOURN:

Upon proper motion, the meeting was adjourned.

________________________________

BILL D. HLAVACHICK, Mayor

(SEAL)

ATTEST:

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LUANN KRAMER, City Clerk