MONDAY
July 01, 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 – June 17, 2013 Regular City Commission Meeting
5. BUSINESS:
5.1 Consideration and Approval for the Use of the Area South of the West Shelter in Lemon’s Park on August 18th for ‘Back Packs to School’ – Pastor Billy Simar, First Assembly of God
5.2 Review of KDOT’s Request for Construction Project Application on the Downtown Streetscape Project – Bruce Pinkall, Recreation Director; Dave Howard, City Manager
5.3 Consideration and Approval of Engineering Contract for the Downtown Streetscape Project – Alan Luttrell, EBH Engineer
5.4 Consideration and Approval of Street Closures for the Sidewalk Sale July 13th – Jan Scarbrough, Chamber Director
5.5 Consideration and Approval of the Letter of Agreement Concerning the State Softball Tournament at Green Sports Complex in May 2014 – Bruce Pinkall, Recreation Director
5.6 Consideration and Approval of Low Bid for a Truck for the Water Department – Russell Rambat, Public Works Director; Kelvin Clay, Water Superintendent
5.7 Consideration and Approval of Bid for the 2013 Chip Seal Project – Russell Rambat, Public Works Director
5.8 Consideration and Approval of Bid for Replacement Warning Sirens – 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
Friday, June 28, 2013
Tuesday, June 18, 2013
06/03/2013-Approved City Commission Meeting Minutes
MONDAY
JUNE 03,, 2013
The Governing Body of the City of Pratt met in Regular session in the Commission Room located in City Hall.
PRESENT:
Jeff Taylor Mayor
Bill Hlavachick Commissioner
Gary Skaggs Commissioner
Karen Detwiler Commissioner
Lucus Kumberg Commissioner
ALSO PRESENT:
Dave Howard City Manager
LuAnn Kramer City Clerk
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.
The Mayor reminded the audience that this meeting may be taped and/or recorded.
INVOCATION AND PLEDGE OF ALLEGIANCE:
Mayor 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 May 20, 2013 regular meeting and the May 28, 2013 work session. The motion was seconded by Commissioner Skaggs. Commissioner Detwiler pointed out that Commissioner Hlavachick was absent, but the minutes reflected that he had seconded the motion to approve the May 05, 2013 minutes. City Clerk Kramer stated that she would check her notes to see who had seconded the motion to approve. The motion and second, with changes noted, carried unanimously with one abstain vote from Commissioner Hlavachick.
BUSINESS:
CONSIDERATION AND APPROVAL OF 2014 BUDGET REQUEST:
Ms. Rochelle Westerhaus, Pratt Public Library, informed the Commission that low interest rates had resulted in the library not being able to self fund as much as they had in the past. Ms. Westerhaus commented that they had to ask for more funding from the City and County. Ms. Westerhaus stated that staff had been required to cut back eight hours a week in the past, but they were now back to regular hours and they had not given any staff raises during that time.
Ms. Westerhaus pointed out that there was a 40% increase in IT services that was a result of Cox doing away with their program some time back, but not finding out the library still had service until an internal audit. Mayor Taylor commented that he remembered Cox coming in and saying that all public institutions would receive free cable as part of our franchise agreement, but came back later with just the library and schools receiving free services with a twenty year contract. Mr. Howard stated that there were a lot of changes in the way they operate, but he did not recall reading that.
Ms. Westerhaus stated that they had one new line item which was for programming. Ms. Westerhaus explained that they had kept up with their present programming, but had added a middle school and an adult program and an after school program. Ms. Westerhaus commented that they had twenty-five kids at the middle school movie and a second Tuesday craft class was also new. Ms. Westerhaus stated that, using the library service calculator, the library contributed a million dollars in services to the community and they ran on a shoestring budget compared to others.
Ms. Westerhaus requested that the Commission approve the budget as presented. Commissioner Hlavachick commented that he had heard positive feedback on having the hours back. Commissioner Hlavachick questioned if they were asking for the same as last year. Ms. Westerhaus stated that they were requesting the four mills, which was same as last year. Commissioner Skaggs asked how many card members they had. Ms. Westerhaus stated that they had around 2,000. Audience member Eric Nystrom questioned what the County’s participation was. Ms. Westerhaus commented that they had asked for $116,500. Mayor Taylor questioned if they had been to the County yet and what they had said. Ms. Westerhaus stated that she had been there and they politely listened and will let them know. Mayor Taylor commented that this would also be discussed in our budget session.
DISCUSSION ON DATE FOR THE BUDGET WORK SESSION:
Finance Director Garten suggested that the week of July 8th to the 12th would work best for the budget session. Ms. Garten added that they usually schedule two days in case it was needed. After little discussion, the Mayor and Commission agreed on Wednesday, July 10th for the budget session and Thursday, July 11th as the additional day, if needed.
CONSIDERATION AND APPROVAL OF THE PURCHASE OF COOLING TOWER REPLACEMENT:
Director of Electric Utilities Hemphill stated that they had sent out two proposals and had received two back, but one was received after the deadline. Mr. Hemphill explained that this cooling tower was installed in 1994 and it had served us well, but the bottom and top basins had rotted out. Mr. Hemphill added that they had been patching it together; however, it needs to be replaced before the bottom falls out while it is in operation. Mr. Hemphill recommended the bid from Midwest Machinery in the amount of $75,532.35 and this was a budgeted item.
Commissioner Skaggs questioned how we know if this was a good price or not. Mr. Howard stated that there were not many that made these and they had checked prices. Commissioner Skaggs asked if time was of the essence. Mr. Hemphill explained that the catalytic convertor would be installed this summer and they would like to have the cooling tower on site so that the contractor can install the convertors, which would save money on the tower. Commissioner Skaggs questioned if there was anything in our policy that required more than one bid. Mr. Howard explained that we had followed the bid process and only got one back. Commissioner Kumberg asked how much had been budgeted for the tower replacement. Mr. Hemphill stated that they had above $90,000. Mayor Taylor questioned the condition of the other cooling tower. Mr. Hemphill explained that it was in good shape. Power Plant Superintendent Smith added that they had a life expectancy of eleven to fifteen years and #7 was installed in 1994.
Commissioner Skaggs made a motion to approve the bid from Midwest Machinery to replace #6 cooling tower in the amount of $75,532.35. The motion was seconded by Commissioner Detwiler and carried unanimously.
CONSIDERATION AND APPROVAL OF THE CONTRACTS FOR REALLOCATION OF BASELOAD POWER AGREEMENTS WITH GARDEN CITY AND MEADE:
City Manager Howard commented that this was the same information that had been discussed in the work session. Mr. Howard explained that one contract would allow KMEA to reallocate 6 megawatts to Garden City and that that would result in a savings to us. Mr. Howard commented that it would start January 1, 2014 and go until 2018. Mr. Howard stated that the Meade contract would begin July 1st and go until December 31, 2013 and would include 1.2 megs in the summer months and then drop to ½ meg. Mayor Taylor clarified that the contracts were between KMEA and the City. Mr. Howard stated that that was correct and KMEA would have contracts with Garden City and Meade.
Commissioner Hlavachick made a motion to approve Contract KMEAPR2013-01 for the reallocation of capacity and energy between KMEA and the City of Pratt to serve Garden City. The motion was seconded by Commissioner Skaggs and carried unanimously.
Commissioner Hlavachick made a motion to approve the energy contract between KMEA and the City of Pratt for reallocation of energy to the City of Meade that ends December 31, 2013. The motion was seconded by Commissioner Kumberg and carried unanimously.
OPEN AGENDA:
No one in the audience wished to address the Commission.
REPORTS:
City Manager:
• Contract of Sale:
Mr. Howard reminded the Commission that they had approved a contract to sell two acres to the motel and it had stated that they had the right to sign it to someone else as long as it was a motel. Mr. Howard stated that they had signed it to another corporation named Eliezer Management, Inc. Mr. Howard commented that the Commission did not need to approve the new contract since it was with the same people.
• No tax credits:
Mr. Howard stated that Interstate Holdings had not gotten the tax credits they had applied for in regards to the apartment complex by the Sports Complex.
• Fuel leak:
Mr. Howard explained that there had been a fuel leak in one of the storage tanks at the power plant. Mr. Howard stated that KDHE had sent out a man to investigate and we would be joining a Trust Fund for $4,500. Mr. Howard added that we could not clean it up for that amount. Mr. Howard explained that they clean it up if we join the Trust Fund. Mr. Howard stated that this was in a self contained area.
• Sandy Creek update:
Mr. Howard stated that they had 250’ of sewer line done and three manholes in the Sandy Creek Development project. Mr. Howard commented that they were also compacting the dirt where the road would be going.
Public Works:
• Mowing & trimming:
Public Works Director Rambat stated that the guys had been busy mowing and trimming for Miss Kansas.
• Pool update:
Mr. Rambat commented that the pool was running good, but the water was cold. Mayor Taylor commented that he had heard good comments about the pool. Mr. Rambat stated that Ms. Thieme would be adding more characters when she has time so that it looks like an aquarium.
Commissioner Detwiler questioned if they had done any releasing of water from the pool. Mr. Rambat explained the filtration system and that that was probably what Commissioner Detwiler was seeing. Commissioner Detwiler stated that they thought it could be overflow from Champa Street Park.
Inspection Department:
• Filley Museum:
Building Inspector Blankenship commented that Doug Knight had pulled permits to begin work on the Filley Museum.
• Weed letters:
• Hospital project:
Mr. Blankenship stated that the hospital had been getting two to three inspections a week on their project. Mr. Blankenship explained that they would be replacing a sewer line this week and they would let us know because we wanted our line to continue to flow free without any obstructions.
• Car Wash:
Mr. Blankenship commented that the car wash had another week or so before it was up and running.
• Arrowhead West:
Mr. Blankenship stated that Arrowhead West was being put together quickly, but the contractor had done a good job.
• 400 Block of West 3rd:
Commissioner Detwiler questioned if anything had been done with the property in the 400 block of West 3rd that was owned by Russell Mills. Mr. Blankenship stated that it was on the list. Commissioner Detwiler stated that the home owner west had kept it mowed. Mr. Blankenship explained that Mr. Mills owned 109 E. 6th and it had been mowed last Wednesday along with two others. Mr. Blankenship commented that he would send a letter to his son, but Mr. Mills would get them mowed once he was reminded.
Mr. Howard commented that they would be starting this process in early May next year and that there were people that we had to deal with every year. Mr. Howard added that we would mow without warning next year so that we could stay ahead of it instead of waiting ten days. Mr. Blankenship stated that we had been mowing a house on Stout Street for years and the owner owes over $4,000 and continues to accumulate every year. Mr. Blankenship added that that was being paid for by the citizens of Pratt.
Commissioner Skaggs questioned if the mowing was being done by independent contractors or City employees. Mr. Blankenship stated that we had six or eight contractors and it cost $75 for a 50’ lot. Mr. Howard commented that waiting until it was 12” high was too late. Mr. Blankenship stated that it was a battle every year.
Electric Department:
• Line Distribution:
Director of Electric Utilities Hemphill stated that the line guys had only one or two outages due to storms. Mr. Hemphill commented that they were also busy working on maintenance at the Sandy Creek Development.
• Power Plant:
Mr. Hemphill informed the Commission that the power plant staff continued to do maintenance and the engines were ready to run.
Recreation Department:
• Summer programs:
Recreation Director Pinkall shared copies of the summer flyer with the Commission and staff. Mr. Pinkall stated that they had opened up the program with the fishing derby at Wildlife and Parks on Saturday with seventy-five kids registered and ninety-three showing up to fish. Mr. Pinkall commented that the youngest was a little over a year old and the largest fish caught was over five pounds.
Mr. Pinkall informed the Commission that the summer morning program began this morning with 171 kids signed up, but only eighty-five chose to participate today. Mr. Pinkall stated that seventy-eight kids ate a free lunch at the high school through the free lunch program. Mr. Pinkall commented that arts and crafts had eighty-two participants in three different classes; there were thirty potential participants for tennis lessons; there were forty-one local baseball teams consisting of 446 kids; there were sixty-two little sluggers signed up, which requires a parent or guardian be there and there are 142 swimming lessons in July and 150 in June.
Mr. Pinkall stated that Green Sports Complex currently has thirteen different tournaments scheduled with one in June, a State tournament in July and the American Legion tournament in August. Mr. Pinkall explained that, on regular nights, there were usually four umpires, three score keepers, a diamond manager and one or two concession stand workers that handle eight games on three fields. Mr. Pinkall stated that there would be over 500 games played at the end of the tournament season and that would not happen without the cooperation of everybody from the library, City crews, Skating Rink, Fire Department on splash day and sanitation department getting the dumpsters emptied. Commissioner Skaggs questioned if the concession stand was a money maker. Mr. Pinkall stated that it was and that this weekend’s tournament showed $1,200 in revenue. Mr. Pinkall added that it was not a hand or fist operation, but they do not price it that way because we want people to spend money there.
Power Plant:
• 2014 Budget:
Power Plant Superintendent Smith commented that they had been working on their 2014 budget worksheets.
Finance Department:
• Sales tax:
Finance Director Garten commented that sales tax was up $70,000 above last year, which was for the first five months of the year. Ms. Garten added that this was for sales from November to March. Mr. Howard commented that he was told by a fast food business owner that May was his best month ever.
Commission:
• Water quality survey:
Mayor Taylor commented that he had had a call from a citizen concerning a water quality survey done over the phone. Mayor Taylor mentioned that she had not answered all the questions since they were personal and not about the water quality. Commissioner Kumberg commented that that could have been someone like Ecowater wanting to sell their services. Mr. Howard stated that it was not anything official that we would do. Police Chief Myers stated that he would get that information and see what he could find out.
• Airport events:
Mayor Taylor stated that he had attended the events at the airport along with Vice-Mayor Skaggs, Commissioner Hlavachick and Mr. Howard. Mayor Taylor commented that the Memorial Day service honored Dr. Wojciechowski with a proclamation for his valuable service in the military and to the City of Pratt. Mayor Taylor added that Vice-Mayor Skaggs had stepped in last week at the air show and the grand opening of the B-29 Memorial Museum. Commissioner Skaggs commented that they were restoring it close to what it was originally.
• Parade:
Mayor Taylor commented that he would be participating in the Miss Kansas Parade on Saturday.
• Sidewalk at Lemon’s:
Commissioner Detwiler commented that there were forty sections of sidewalk in Lemon Park that were broken and she would like to see the City use part of the donated money to replace those with thicker concrete.
• Trash can at Christmas storage shed:
Commissioner Detwiler stated that there was a trash can at the Christmas storage shed and it was packed and needed dumped. Commissioner Detwiler added that it did have a broken wheel.
• Digital sign:
Commissioner Detwiler questioned the status of the digital speed sign. Police Chief Myers stated that there were a couple of companies that he had contacted and one sale representative had mentioned that the stationary signs could cause problems, so the movable trailer signs were what he was looking at. Chief Myers added that he had been waiting on a final cost for those.
• Thank you note:
Commissioner Kumberg questioned if Ms. Thieme had volunteered her time to do the mural at the pool. Ms. Garten stated that she was going to get a little bit of compensation, but did volunteer. Commissioner Kumberg suggested sending her a thank you note.
ADJOURN:
Commissioner Hlavachick made a motion to adjourn that was seconded by Commissioner Skaggs. The motion and second passed unanimously.
_______________________________________
JEFF A. TAYLOR, Mayor
(SEAL)
ATTEST:
__________________________________
LUANN KRAMER, City Clerk
JUNE 03,, 2013
The Governing Body of the City of Pratt met in Regular session in the Commission Room located in City Hall.
PRESENT:
Jeff Taylor Mayor
Bill Hlavachick Commissioner
Gary Skaggs Commissioner
Karen Detwiler Commissioner
Lucus Kumberg Commissioner
ALSO PRESENT:
Dave Howard City Manager
LuAnn Kramer City Clerk
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.
The Mayor reminded the audience that this meeting may be taped and/or recorded.
INVOCATION AND PLEDGE OF ALLEGIANCE:
Mayor 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 May 20, 2013 regular meeting and the May 28, 2013 work session. The motion was seconded by Commissioner Skaggs. Commissioner Detwiler pointed out that Commissioner Hlavachick was absent, but the minutes reflected that he had seconded the motion to approve the May 05, 2013 minutes. City Clerk Kramer stated that she would check her notes to see who had seconded the motion to approve. The motion and second, with changes noted, carried unanimously with one abstain vote from Commissioner Hlavachick.
BUSINESS:
CONSIDERATION AND APPROVAL OF 2014 BUDGET REQUEST:
Ms. Rochelle Westerhaus, Pratt Public Library, informed the Commission that low interest rates had resulted in the library not being able to self fund as much as they had in the past. Ms. Westerhaus commented that they had to ask for more funding from the City and County. Ms. Westerhaus stated that staff had been required to cut back eight hours a week in the past, but they were now back to regular hours and they had not given any staff raises during that time.
Ms. Westerhaus pointed out that there was a 40% increase in IT services that was a result of Cox doing away with their program some time back, but not finding out the library still had service until an internal audit. Mayor Taylor commented that he remembered Cox coming in and saying that all public institutions would receive free cable as part of our franchise agreement, but came back later with just the library and schools receiving free services with a twenty year contract. Mr. Howard stated that there were a lot of changes in the way they operate, but he did not recall reading that.
Ms. Westerhaus stated that they had one new line item which was for programming. Ms. Westerhaus explained that they had kept up with their present programming, but had added a middle school and an adult program and an after school program. Ms. Westerhaus commented that they had twenty-five kids at the middle school movie and a second Tuesday craft class was also new. Ms. Westerhaus stated that, using the library service calculator, the library contributed a million dollars in services to the community and they ran on a shoestring budget compared to others.
Ms. Westerhaus requested that the Commission approve the budget as presented. Commissioner Hlavachick commented that he had heard positive feedback on having the hours back. Commissioner Hlavachick questioned if they were asking for the same as last year. Ms. Westerhaus stated that they were requesting the four mills, which was same as last year. Commissioner Skaggs asked how many card members they had. Ms. Westerhaus stated that they had around 2,000. Audience member Eric Nystrom questioned what the County’s participation was. Ms. Westerhaus commented that they had asked for $116,500. Mayor Taylor questioned if they had been to the County yet and what they had said. Ms. Westerhaus stated that she had been there and they politely listened and will let them know. Mayor Taylor commented that this would also be discussed in our budget session.
DISCUSSION ON DATE FOR THE BUDGET WORK SESSION:
Finance Director Garten suggested that the week of July 8th to the 12th would work best for the budget session. Ms. Garten added that they usually schedule two days in case it was needed. After little discussion, the Mayor and Commission agreed on Wednesday, July 10th for the budget session and Thursday, July 11th as the additional day, if needed.
CONSIDERATION AND APPROVAL OF THE PURCHASE OF COOLING TOWER REPLACEMENT:
Director of Electric Utilities Hemphill stated that they had sent out two proposals and had received two back, but one was received after the deadline. Mr. Hemphill explained that this cooling tower was installed in 1994 and it had served us well, but the bottom and top basins had rotted out. Mr. Hemphill added that they had been patching it together; however, it needs to be replaced before the bottom falls out while it is in operation. Mr. Hemphill recommended the bid from Midwest Machinery in the amount of $75,532.35 and this was a budgeted item.
Commissioner Skaggs questioned how we know if this was a good price or not. Mr. Howard stated that there were not many that made these and they had checked prices. Commissioner Skaggs asked if time was of the essence. Mr. Hemphill explained that the catalytic convertor would be installed this summer and they would like to have the cooling tower on site so that the contractor can install the convertors, which would save money on the tower. Commissioner Skaggs questioned if there was anything in our policy that required more than one bid. Mr. Howard explained that we had followed the bid process and only got one back. Commissioner Kumberg asked how much had been budgeted for the tower replacement. Mr. Hemphill stated that they had above $90,000. Mayor Taylor questioned the condition of the other cooling tower. Mr. Hemphill explained that it was in good shape. Power Plant Superintendent Smith added that they had a life expectancy of eleven to fifteen years and #7 was installed in 1994.
Commissioner Skaggs made a motion to approve the bid from Midwest Machinery to replace #6 cooling tower in the amount of $75,532.35. The motion was seconded by Commissioner Detwiler and carried unanimously.
CONSIDERATION AND APPROVAL OF THE CONTRACTS FOR REALLOCATION OF BASELOAD POWER AGREEMENTS WITH GARDEN CITY AND MEADE:
City Manager Howard commented that this was the same information that had been discussed in the work session. Mr. Howard explained that one contract would allow KMEA to reallocate 6 megawatts to Garden City and that that would result in a savings to us. Mr. Howard commented that it would start January 1, 2014 and go until 2018. Mr. Howard stated that the Meade contract would begin July 1st and go until December 31, 2013 and would include 1.2 megs in the summer months and then drop to ½ meg. Mayor Taylor clarified that the contracts were between KMEA and the City. Mr. Howard stated that that was correct and KMEA would have contracts with Garden City and Meade.
Commissioner Hlavachick made a motion to approve Contract KMEAPR2013-01 for the reallocation of capacity and energy between KMEA and the City of Pratt to serve Garden City. The motion was seconded by Commissioner Skaggs and carried unanimously.
Commissioner Hlavachick made a motion to approve the energy contract between KMEA and the City of Pratt for reallocation of energy to the City of Meade that ends December 31, 2013. The motion was seconded by Commissioner Kumberg and carried unanimously.
OPEN AGENDA:
No one in the audience wished to address the Commission.
REPORTS:
City Manager:
• Contract of Sale:
Mr. Howard reminded the Commission that they had approved a contract to sell two acres to the motel and it had stated that they had the right to sign it to someone else as long as it was a motel. Mr. Howard stated that they had signed it to another corporation named Eliezer Management, Inc. Mr. Howard commented that the Commission did not need to approve the new contract since it was with the same people.
• No tax credits:
Mr. Howard stated that Interstate Holdings had not gotten the tax credits they had applied for in regards to the apartment complex by the Sports Complex.
• Fuel leak:
Mr. Howard explained that there had been a fuel leak in one of the storage tanks at the power plant. Mr. Howard stated that KDHE had sent out a man to investigate and we would be joining a Trust Fund for $4,500. Mr. Howard added that we could not clean it up for that amount. Mr. Howard explained that they clean it up if we join the Trust Fund. Mr. Howard stated that this was in a self contained area.
• Sandy Creek update:
Mr. Howard stated that they had 250’ of sewer line done and three manholes in the Sandy Creek Development project. Mr. Howard commented that they were also compacting the dirt where the road would be going.
Public Works:
• Mowing & trimming:
Public Works Director Rambat stated that the guys had been busy mowing and trimming for Miss Kansas.
• Pool update:
Mr. Rambat commented that the pool was running good, but the water was cold. Mayor Taylor commented that he had heard good comments about the pool. Mr. Rambat stated that Ms. Thieme would be adding more characters when she has time so that it looks like an aquarium.
Commissioner Detwiler questioned if they had done any releasing of water from the pool. Mr. Rambat explained the filtration system and that that was probably what Commissioner Detwiler was seeing. Commissioner Detwiler stated that they thought it could be overflow from Champa Street Park.
Inspection Department:
• Filley Museum:
Building Inspector Blankenship commented that Doug Knight had pulled permits to begin work on the Filley Museum.
• Weed letters:
Mr. Blankenship stated that he had sent out sixty-five weed letters in the last two weeks. Mr. Blankenship explained their procedure.
• Hospital project:
Mr. Blankenship stated that the hospital had been getting two to three inspections a week on their project. Mr. Blankenship explained that they would be replacing a sewer line this week and they would let us know because we wanted our line to continue to flow free without any obstructions.
• Car Wash:
Mr. Blankenship commented that the car wash had another week or so before it was up and running.
• Arrowhead West:
Mr. Blankenship stated that Arrowhead West was being put together quickly, but the contractor had done a good job.
• 400 Block of West 3rd:
Commissioner Detwiler questioned if anything had been done with the property in the 400 block of West 3rd that was owned by Russell Mills. Mr. Blankenship stated that it was on the list. Commissioner Detwiler stated that the home owner west had kept it mowed. Mr. Blankenship explained that Mr. Mills owned 109 E. 6th and it had been mowed last Wednesday along with two others. Mr. Blankenship commented that he would send a letter to his son, but Mr. Mills would get them mowed once he was reminded.
Mr. Howard commented that they would be starting this process in early May next year and that there were people that we had to deal with every year. Mr. Howard added that we would mow without warning next year so that we could stay ahead of it instead of waiting ten days. Mr. Blankenship stated that we had been mowing a house on Stout Street for years and the owner owes over $4,000 and continues to accumulate every year. Mr. Blankenship added that that was being paid for by the citizens of Pratt.
Commissioner Skaggs questioned if the mowing was being done by independent contractors or City employees. Mr. Blankenship stated that we had six or eight contractors and it cost $75 for a 50’ lot. Mr. Howard commented that waiting until it was 12” high was too late. Mr. Blankenship stated that it was a battle every year.
Electric Department:
• Line Distribution:
Director of Electric Utilities Hemphill stated that the line guys had only one or two outages due to storms. Mr. Hemphill commented that they were also busy working on maintenance at the Sandy Creek Development.
• Power Plant:
Mr. Hemphill informed the Commission that the power plant staff continued to do maintenance and the engines were ready to run.
Recreation Department:
• Summer programs:
Recreation Director Pinkall shared copies of the summer flyer with the Commission and staff. Mr. Pinkall stated that they had opened up the program with the fishing derby at Wildlife and Parks on Saturday with seventy-five kids registered and ninety-three showing up to fish. Mr. Pinkall commented that the youngest was a little over a year old and the largest fish caught was over five pounds.
Mr. Pinkall informed the Commission that the summer morning program began this morning with 171 kids signed up, but only eighty-five chose to participate today. Mr. Pinkall stated that seventy-eight kids ate a free lunch at the high school through the free lunch program. Mr. Pinkall commented that arts and crafts had eighty-two participants in three different classes; there were thirty potential participants for tennis lessons; there were forty-one local baseball teams consisting of 446 kids; there were sixty-two little sluggers signed up, which requires a parent or guardian be there and there are 142 swimming lessons in July and 150 in June.
Mr. Pinkall stated that Green Sports Complex currently has thirteen different tournaments scheduled with one in June, a State tournament in July and the American Legion tournament in August. Mr. Pinkall explained that, on regular nights, there were usually four umpires, three score keepers, a diamond manager and one or two concession stand workers that handle eight games on three fields. Mr. Pinkall stated that there would be over 500 games played at the end of the tournament season and that would not happen without the cooperation of everybody from the library, City crews, Skating Rink, Fire Department on splash day and sanitation department getting the dumpsters emptied. Commissioner Skaggs questioned if the concession stand was a money maker. Mr. Pinkall stated that it was and that this weekend’s tournament showed $1,200 in revenue. Mr. Pinkall added that it was not a hand or fist operation, but they do not price it that way because we want people to spend money there.
Power Plant:
• 2014 Budget:
Power Plant Superintendent Smith commented that they had been working on their 2014 budget worksheets.
Finance Department:
• Sales tax:
Finance Director Garten commented that sales tax was up $70,000 above last year, which was for the first five months of the year. Ms. Garten added that this was for sales from November to March. Mr. Howard commented that he was told by a fast food business owner that May was his best month ever.
Commission:
• Water quality survey:
Mayor Taylor commented that he had had a call from a citizen concerning a water quality survey done over the phone. Mayor Taylor mentioned that she had not answered all the questions since they were personal and not about the water quality. Commissioner Kumberg commented that that could have been someone like Ecowater wanting to sell their services. Mr. Howard stated that it was not anything official that we would do. Police Chief Myers stated that he would get that information and see what he could find out.
• Airport events:
Mayor Taylor stated that he had attended the events at the airport along with Vice-Mayor Skaggs, Commissioner Hlavachick and Mr. Howard. Mayor Taylor commented that the Memorial Day service honored Dr. Wojciechowski with a proclamation for his valuable service in the military and to the City of Pratt. Mayor Taylor added that Vice-Mayor Skaggs had stepped in last week at the air show and the grand opening of the B-29 Memorial Museum. Commissioner Skaggs commented that they were restoring it close to what it was originally.
• Parade:
Mayor Taylor commented that he would be participating in the Miss Kansas Parade on Saturday.
• Sidewalk at Lemon’s:
Commissioner Detwiler commented that there were forty sections of sidewalk in Lemon Park that were broken and she would like to see the City use part of the donated money to replace those with thicker concrete.
• Trash can at Christmas storage shed:
Commissioner Detwiler stated that there was a trash can at the Christmas storage shed and it was packed and needed dumped. Commissioner Detwiler added that it did have a broken wheel.
• Digital sign:
Commissioner Detwiler questioned the status of the digital speed sign. Police Chief Myers stated that there were a couple of companies that he had contacted and one sale representative had mentioned that the stationary signs could cause problems, so the movable trailer signs were what he was looking at. Chief Myers added that he had been waiting on a final cost for those.
• Thank you note:
Commissioner Kumberg questioned if Ms. Thieme had volunteered her time to do the mural at the pool. Ms. Garten stated that she was going to get a little bit of compensation, but did volunteer. Commissioner Kumberg suggested sending her a thank you note.
ADJOURN:
Commissioner Hlavachick made a motion to adjourn that was seconded by Commissioner Skaggs. The motion and second passed unanimously.
_______________________________________
JEFF A. TAYLOR, Mayor
(SEAL)
ATTEST:
__________________________________
LUANN KRAMER, City Clerk
Friday, June 14, 2013
06/17/13-City Commission Meeting Agenda
MONDAY
June 17, 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 – June 03, 2013 Regular City Commission Meeting
5. BUSINESS:
5.1 Consideration and Approval of the Farmers’ Market Being Moved to 4th and Main Street – Jan Luttrell, Pratt County Extension Master Gardener
5.2 Consideration and Approval of the Purchase of SCBA with Budgeted Funds – David Kramer, Fire Chief
5.3 Discussion on Selection for KDOT’s Enhancement Funding on Main Street Streetscape Project – Dave Howard, City Manager; Bruce Pinkall, Recreation Director; Commission and Staff
5.4 Consideration and Approval of Low Bid for Wire and Materials for Sandy Creek Dev. Project – Jamie Huber, Line Distribution Superintendent (Tax exempt project)
5.5 Consideration and Approval of Access Agreement with Hutchinson Community College – Gary Myers, Police Chief; Ken Van Blaricum, City Attorney
5.6 Consideration and Approval of Exemption Letter Concerning Section 2 (i) of Senate Substitute for House Bill 2052 – Ken Van Blaricum, City Attorney
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
June 17, 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 – June 03, 2013 Regular City Commission Meeting
5. BUSINESS:
5.1 Consideration and Approval of the Farmers’ Market Being Moved to 4th and Main Street – Jan Luttrell, Pratt County Extension Master Gardener
5.2 Consideration and Approval of the Purchase of SCBA with Budgeted Funds – David Kramer, Fire Chief
5.3 Discussion on Selection for KDOT’s Enhancement Funding on Main Street Streetscape Project – Dave Howard, City Manager; Bruce Pinkall, Recreation Director; Commission and Staff
5.4 Consideration and Approval of Low Bid for Wire and Materials for Sandy Creek Dev. Project – Jamie Huber, Line Distribution Superintendent (Tax exempt project)
5.5 Consideration and Approval of Access Agreement with Hutchinson Community College – Gary Myers, Police Chief; Ken Van Blaricum, City Attorney
5.6 Consideration and Approval of Exemption Letter Concerning Section 2 (i) of Senate Substitute for House Bill 2052 – Ken Van Blaricum, City Attorney
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
Monday, June 3, 2013
05/20/2013-Approved City Commission Meeting Minutes
MONDAY
May 20, 2013
The Governing Body of the City of Pratt met in Regular session in the Commission Room located in City Hall.
PRESENT:
Jeff Taylor Mayor
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 with the exception of Commissioner Hlavachick who was ill.
The Mayor reminded the audience that this meeting may be taped and/or recorded.
INVOCATION AND PLEDGE OF ALLEGIANCE:
Mayor Taylor led the staff and audience in the invocation and Pledge of Allegiance.
MINUTES:
A motion by Commissioner Skaggs to approve the minutes of the May 05, 2013 regular meeting. The motion was seconded by Commissioner Hlavachick and carried unanimously.
BUSINESS:
DISCUSSION ON SOUTH WIND HOSPICE BANKRUPTCY AND APPROVAL OF LIMITED WARRANTY DEED AND BILL OF SALE:
City Attorney Van Blaricum reminded the Commission that he had visited with them earlier concerning the bankruptcy filed by South Wind Hospice. Mr. Van Blaricum introduced Mr. Ed Nazar, attorney with Redmond & Nazar, LLP and stated that he would be discussing the resolution. Mr. Nazar stated that South Wind Hospice had filed Chapter 11 bankruptcy in Kansas City, Kansas since the Bond Trustee, United Missouri Bank, was in Kansas City and that helped reduce the costs and expedite the process for South Wind Hospice. Mr. Nazar explained that they needed to find outside financing and make an attempt to make a discounted offer to the bond holders.
Mr. Nazar commented that $3 million was the face value of bonds that were outstanding and $1,950,000 was on hand at the time of the filing. Mr. Nazar stated that the IRS had filed tax liens for unpaid employee withholding tax for 2009, but the new Executive Director Ginger Goering, board member Kenny Gates and other board members took over the situation and, since 2009 to present, have it corrected.
Mr. Nazar stated that the bond documents, as written, required a monthly bond payment of $32,000 and that was too high for the cash flow. Mr. Nazar commented that, due to early management’s decision to make the bond payment but hold the tax withholding payments,that caused the tax liability. Mr. Nazar explained that Executive Director Goering made the correct decision to pay the employee withholding tax and $4,000 a month on the bond at the time they filed bankruptcy.
Mr. Nazar stated that the Peoples Bank of Coldwater gracefully offered financing to Hospice of up to $750,000. Mr. Nazar explained that the bankruptcy court had already approved the financing alternative and $550.000 of that would be paid towards the bond trustee. Mr. Nazar added that, combined with the $300,000 of bond reserves that exists, this provided for a distribution of approximately $.40 on the dollar to the face amount for the bond holders. Mr. Nazar commented that there was 80% bond holder approval. Mayor Taylor questioned if they have to have a certain percentage for approval. Mr. Nazar stated that they have to have 51% and that makes facilitating the negotiations much easier in settling the bonds.
Mr. Nazar explained that he was addressing the Commission tonight to ask permission to vest title through Ms. Jean Tharpe of Centennial Abstract. Mr. Nazar stated that they needed to have a Warranty Deed in escrow and a Bill of Sale in escrow to have the monies funded from the loan. Mr. Nazar commented that they had tentative approval for release of the IRS lien, so that it all comes together vesting title with Hospice to allow a mortgage to be granted to the Peoples Bank. Mr. Nazar added that that money would be issued to fund the bond trustees and fund the release of the tax lien. Mr. Nazar stated that approximately $107,000 would be paid to the IRS and they would be waiving their penalties for a lump sum payment and releasing the tax lien. Mr. Nazar commented that the remainder of claims in the bankruptcy would be general trade creditors, which were mostly medical health supply parties. Mr. Nazar explained that they would be offering them a lump sum payment or installment plan over a long period of time to pay them up to 100% of their claim.
Mr. Nazar stated that he had supplied an abstract of relative documents that included the proposed Warranty of Deed and Bill of Sale. Mr. Nazar commented that the documents would not be recorded but turned over to Ms. Tharpe. Commissioner Skaggs questioned how this changes the City’s position. Mr. Nazar stated that the City had been the nominal title holder of this property and would be that until the bonds were paid in full. Mr. Nazar added that this accelerates things since the bond holders were accepting a discounted payment, it makes us years ahead. Mr. Nazar stated that South Wind Hospice was a first rate facility, but the cash flow was not able to support their aggressive amortization schedule of the debt. Mayor Taylor questioned if it would continue to run as it was through all of this. Mr. Nazar stated that that was correct and they had been audited by the State and they found that they were good managers of the facility. Mr. Van Blaricum questioned what the amount was of the IRS penalty that was being waived. Mr. Nazar stated that it was around $50,000 and, although they were appreciative by the attempt of Ms. Goering, they wanted cash in hand. Commissioner Detwiler questioned how this was going to affect the City’s bond rating. Mr. Nazar commented that he doubted that it would affect it at all since this was not a General Obligation bond.
Mayor Taylor questioned if the Limited Warranty Deed would deed the property over to South Wind Hospice. Mr. Van Blaricum stated that that would set up the mortgage and terminate the bankruptcy plea. Mr. Nazar added that they would have to file a Plan of Disclosure Statement that would deal with the unsecured creditors and that would indicate that they were substituting the Peoples Bank as the secured creditor. Commissioner Kumberg made a motion to approve the Limited Warranty Deed and the Bill of Sale as presented to the council. The motion was seconded by Commissioner Detwiler and carried unanimously with three approved votes and one abstained vote by Commissioner Skaggs.
PRESENTATION OF THE 2012 CITY OF PRATT AUDIT:
Ms. Vicki Dreiling from Adams, Brown, Beran and Ball Chtd. explained that there were changes in the format from last year’s audit as well as changes in the Kansas Municipal Audit Guide, which had changed to the Kansas Municipal Audit and Accounting Guide and that changed how the reports are presented. Ms. Dreiling commented that the reports were on pages 1, 2 and 3, but the actual opinion on the financial statements was on page 2 and that was what the Commission should be concerned about.
Ms. Dreiling stated that the City was not preparing financial statements according to GAAP and they would not be presenting it that way. Ms. Dreiling commented that the opinion reads that the financial statement was presented fairly, the aggregate cash and unencumbered cash balances as of December 31, 2012 and the aggregate receipts and expenditures ended in accordance with the financial reporting provisions of the Kansas Municipal Audit and Accounting Guide. Ms. Dreiling explained that, due to their presentation guidelines, the City was given the highest form of opinion.
Ms. Dreiling stated that the City adopts a GAAP waiver every year and the financial statements had been changed in the way they were presented. Ms. Dreiling explained that there was one summary statement, which was on pages 4 and 5 and everything else was supplementary information and individual financial statements were now schedules. Ms. Dreiling stated that pages 4 and 5 had not changed, so they still contained the City’s unencumbered cash balance, any canceled encumbrances, receipts, cash expenditures, any unencumbered cash balances and accounts payable. Ms. Dreiling informed the Commission that the City ended the year 2012 with $13,580,394 in cash, which was down about $1.8 million. Ms. Dreiling added that that means that the city had been using up the cash balance in the utility funds. Ms. Dreiling pointed out that the electric fund was down $1.3 million, sanitation was down about $97,000 and the general fund was down about $563,000, but the flip side was that the reserve funds were increased by $299,000. Ms. Dreiling commented that we had not had to raise rates or property taxes since we had used cash balances in other funds.
Ms. Dreiling stated that the footnotes start on page 6 and the Library and Airport Authority were not part of the financial statements since they were related Municipal utilities and had audits of their own. Ms. Dreiling pointed out that since the City had used cash flow in the electric fund, they had a compliance requirement that was not met because of the 2000 bond requirement. Ms. Dreiling explained that you were supposed to keep a 1.25 debt ratio and, since the city had used the cash balances, the debt ratio was .9543, but the city was aware of that. Ms. Dreiling stated that this was not an overwhelming big deal since we were meeting our debt requirements. Ms. Dreiling added that the City may need to address this even though it was to keep from having to raise rates.
Ms. Dreiling stated that the City had ended the year with a total debt of $9,567,091 and paid interest in the amount of $418,252. Ms. Dreiling pointed out what the City’s payments would be for the next five years in five year increments. Ms. Dreiling commented that page 18 was the Schedule for Expenditures-Actual and Budget that shows all of the budgeted funds and certified budget that had been approved, the adjustments for budget credits and total budget for comparison. Ms. Dreiling stated that there were no budget violations since we had been able to stay within the budget. Ms. Dreiling commented that the remaining pages were the individual schedules that showed more of a breakdown of cash receipts and expenditures of the funds.
Mayor Taylor questioned if $9 million was a lot of debt for a City our size. Ms. Dreiling stated that, from a cash position, the City was in good shape and had not had an issue of repayment. Mayor Taylor commented that there was talk out on the street that the City was in debt and he felt that you have to let people know that we were making good money on our reserves, but you have to have money reserves to help take care of bond debt. Ms. Dreiling commented that the maturity dates on the bonds would be significantly reduced in 2018. Ms. Dreiling stated that the debt was not out of line.
Ms. Danielle Hollingshead commented that the audit would recommend that the sanitation department building be locked during the day, that someone other than the accounts payable clerk receive signed checks, debt covenants be monitored throughout the year and that Municipal Court start a spread sheet for accounts receivable to know what was being taken out and collected. Mayor Taylor stated that we were taking action on these and there were a lot of places that were unlocked. Ms. Hollingshead commented that they had to note it. City Manager Howard commented that there was a new sanitation supervisor. Finance Director Garten commented that she was working with the court clerk and the other two recommendations were being taken care of.
Mayor Taylor commented that there were good comments and that meant that staff was doing their job. Ms. Dreiling stated that the City had come a long way since the first audit and the list of recommendations was dwindling, so they were taking what the auditors say to heart.
DISCUSSION ON THE POSSIBLE PURCHASE OF TWO CITY OWNED LOTS:
Mr. Zack Deeds informed the Commission that he was interested in purchasing property on Green Court if the City was willing to sell. Mr. Deeds stated that he was looking at lots 9 and 10 and he was open to recommendations on a fair market value. Mr. Deeds commented that the lots were unique and not very accessible. Mr. Howard added that there would be no access without being developed. Commissioner Skaggs questioned if there was room for housing. Mr. Howard stated that there was depending on how it was laid out. Mayor Taylor added that we would have to run a street. Mr. Deeds stated that there was a drainage draw that would take extensive work if there was a street put in.
Commissioner Skaggs questioned the plans that Mr. Deeds had. Mr. Deeds stated that he would start with maintenance. Commissioner Detwiler questioned what these lots had sold for in the past. Mr. Howard stated that they had not sold any. Mr. Howard commented that there was a sewer line in the easement and we should keep that easement. Mr. Howard explained that he had confirmed the taxes on the land at $6,000, which was the assessment value.
Mr. Howard stated that the only issue was the other residential owners and Mr. Jeff Pyles owned lot 12 that was connected to lot 9. Mr. Howard added that the other owners should have the opportunity to own the property, but he did not see the City developing that area. Commissioner Detwiler questioned if Mr. Deeds had visited with the adjacent owners. Mr. Deeds stated that he had talked with the LaPrad’s and they just want someone to own it. Commissioner Skaggs questioned if he would sit on it and possibly sell it in the future. Mr. Deeds stated that he planned on it being part of his backyard.
Commissioner Skaggs made a motion to accept the offer from Mr. Zack Deeds to purchase lots 9 and 10 in the Eastland Villa Addition for $1,200 each. The motion was seconded by Commissioner Detwiler and carried unanimously.
CONSIDERATION AND APPROVAL OF THE PURCHASE OF A NEW 4X4 TRUCK WITH DUMP BED:
Line Distribution Superintendent Jamie Huber explained to the Commission that they went out for bids for a 1 ton truck with a dump bed. Mr. Huber stated that the old truck was used daily and would be given to the public works department. Mr. Huber commented that he had received bids from Doug Reh Chevrolet for $50,345.90 and Lanterman Motors for $50,598.73. Mr. Huber recommended the Commission’s approval of the low bid from Doug Reh Chevrolet in the amount of $50,345.90.
Commissioner Skaggs questioned what daily jobs the truck was used for. Mr. Huber commented that they use it to haul materials, sand, dirt, wire or trash. Mr. Huber added that they had hauled snow in the past. Mr. Huber stated that this truck had 80,000 miles and, although most trucks had more miles, this one had more engine hours. Commissioner Detwiler made a motion to approve the bid from Doug Reh Chevrolet for the 1 ton 4X4 truck with a dump bed in the amount of $50,345.90. The motion was seconded by Commissioner Kumberg and carried unanimously.
CONSIDERATION AND APPROVAL OF THE CONTRACT OF SALE FOR TRACT OF LAND LOCATED IN BLOCK 3 OF THE SANDY CREEK ADDITION:
City Attorney Van Blaricum commented that the Commission had a copy of the proposed Contract of Sale for the property in the Sandy Creek Addition. Mr. Van Blaricum stated that he had given a copy of the contract to Mr. Rich Sanders, who would get it to Realty Alliance. Mr. Van Blaricum explained that there were a few minor modifications, such as the addition of the legal description and adding that the City would have the option to remedy or terminate the contract if the environmental testing did not pass requirements in Section 2. Mr. Van Blaricum added that the plat costs were in Section 3, which points out that the City would extend the sewer within ninety days and Section 8 talked about one of the parties failing to perform under the terms of the contract.
Mr. Van Blaricum stated that the final page contains a statement that the contract could not be assigned by either party and that it was to be used for the hotel only. Mr. Van Blaricum clarified that they could assign it to someone else to construct the facility. Mr. Van Blaricum stated that the contract was about the same and he recommended that the Commission approve it. Mr. Howard added that they would have to do a lot split, but that would go to the Planning and Zoning Commission. Commissioner Skaggs made a motion to approve the Contract of Sale between the City of Pratt and Realty Alliance for the tract of land on Block 3 of the Sandy Creek Addition. The motion was seconded by Commissioner Kumberg and carried unanimously.
CONSIDERATION AND APPROVAL OF KGS CONTRACT FOR THE EXTENSION OF NATURAL GAS FACILITIES:
City Manager Howard commented that the KGS Contract was part of what had been budgeted for in the Sandy Creek Addition development. Mr. Howard explained that Kansas Gas Service would be running gas lines of various sizes and would come down to Maple Street from K-61. Mr. Howard stated that Kansas Gas Service would reimburse the City for the first five years on lots that were sold. Mr. Howard added that the reimbursement would amount to $810.75 per customer.
Mr. Howard informed the Commission that we would get our utilities in and then work them around us. Commissioner Skaggs questioned what happens after the five years were up. Mr. Howard stated that we would not get the reimbursement anymore. Commissioner Skaggs commented that it could take five years to get this going. Mr. Howard explained that this was their standard contract. Commissioner Detwiler commented that she had not heard that we had people standing in line to buy the lots. Mr. Howard stated that he had had people call and he knew of two that showed interest since the last meeting and they were working on the finance part of it. Commissioner Skaggs commented that once the dirt work was done, we would be able to see what the lay of the land would be. Mr. Howard stated that there would be a pre-construction meeting with the contractor and the electric and water portion would be starting their work this week. Mr. Howard added that it was necessary to have approval to get them working on the gas line. Commissioner Kumberg made a motion to approve the Kansas Gas Service Contract to Extend Gas Facilities. The motion was seconded by Commissioner Skaggs and carried unanimously.
DISCUSSISON ON THE PERSONAL AND FAMILY PROTECTION ACT:
City Attorney Van Blaricum commented that this law affects City buildings and the law reads that ‘The carrying of a concealed handgun as authorized by the personal and family protection act shall not be prohibited in any State or Municipal building unless such building has adequate security measures to ensure that no weapons are permitted to be carried into such building and the building is conspicuously posted in accordance with K.S.A. 2012 Supp. 75-7c10, and amendments thereto’. Mr. Van Blaricum explained the exceptions and one was that the law stated that any door open to the public had to be guarded somehow and another was the measures at the front door could also prevent employees from carrying concealed weapons to work. Mr. Van Blaricum commented that, if the City allowed people to carry a concealed weapon in a City owned building, they were not liable for the crime
Mr. Van Blaricum explained that the Governing Body did not have a time limit to request an exemption and that exemption from the law lasts until January 01, 2014, but then you apply for an additional four year exemption if security measures were in place at the door. Mr. Van Blaricum added that the Attorney General had to be notified by a letter of exemption and the application had to be phrased carefully.
Mr. Van Blaricum commented that one security measure could be electronic equipment that would prevent weapons in the building. Mr. Van Blaricum stated that there could be a non-public entrance or restriction to the public by having to use a key or key card to get in. Police Chief Myers commented that our main lobby entrance has a door you have to get through to get to the administrative staff, but depending on the expense that the City wants to go to, you could go to the expense of doing a lavish system or just not worry about it. Chief Myers commented that we do not know how many people with a permit were already carrying a concealed weapon into the City building and how many were carrying without a permit. Chief Myers stated that this City Building would be easy to maintain and lock so the public could not get down the hallway and we could do something in the counter area to keep someone from jumping over it. Chief Myers added that you would have to have someone monitor the security system during the business hours. Mayor Taylor questioned if the staff would have to be certified. Mr. Howard commented that everybody that came through would set it off, so somebody would have to be at the door to check them.
Commissioner Skaggs questioned what happens if we ignore the law altogether and if we even had that luxury. Mr. Van Blaricum stated that you had two options and they were to allow people to carry weapons into the building or set up a security system. Mayor Taylor commented that the potential has been out there with concealed carry and he would feel more at ease if more than the Chief of Police was here to defend it. Mr. Van Blaricum commented that this was the beginning of the discussion and the League would have to be careful in their article about this subject next month. Mr. Howard stated that the Commission should think about the exemption, because 2014 would come quick and there would be a lot of applications. Chief Myers commented that he had visited with Winfield and Wellington about this and they were going to opt out at this time. Chief Myers added that we were fortunate in this building that not everyone was accessible.
DISCUSSION CONCERNING A POSSIBLE WORK SESSION TO DISCUSS CITY POWER SUPPLY CONTRACTS:
City Manager Howard commented that we belong to KMEA and they were part of the Energy Management Project and there had been a lot join the EMP. Mr. Howard explained that the EMP bought base load power and Pratt has several base load GRDA’s and Jefferies. Mr. Howard added that Pratt has an over abundance of it and the plan was to redistribute that base load to Cities that had just joined. Mr. Howard stated that we had to change our contracts with KMEA on this purchase power.
Mr. Howard stated that we could go to a work session to discuss the details and some of the numbers or he could do it in a Commission meeting, but it may take thirty minutes to an hour. Mayor Taylor stated that an 11:00 a.m. to 1:00 p.m. session would not hurt. Commissioners Skaggs and Kumberg agreed. Mr. Howard stated that time was an issue, since there had to be a decision by early June and this was the only Commission meeting before that. After little discussion, the date of May 28th from 11:00 a.m. to 1:00 p.m. was chosen for the work session.
OPEN AGENDA:
• Luca Matei:
Mr. Luca Matei commented that he had come to the City office a few years ago to get an address and he was told that he would not get it. Mr. Matei stated that it was impossible to get access of people who act criminal and tenants do damages. Mr. Matei explained that he had come today for a person who had another electrical account and could not get anything. Mr. Matei added that there should be a law to help people get to someone who does a violation. Commissioner Skaggs questioned if there was such a law. City Clerk Kramer stated that legislature just passed a law so that we did not have to give out personal addresses of our customers. Commissioner Skaggs commented that he did not disagree.
Mr. Howard stated that there could be ramifications if we gave out that information and something happened to that person. Mayor Taylor commented that that law was there so that people like Mr. Matei could not go after people and people stalk others and hunt them down. Mayor Taylor added that they may think that they have a good idea and ask for an address because someone owes them money. Mr. Matei stated that he did not want an explanation and that the law was wrong. Mr. Matei explained that he had followed a tenant and they called the police and he got arrested.
Mayor Taylor stated that the City Commission does not make the laws, but we have to uphold them. Mr. Matei commented that they had drifted from common sense. Mr. Howard stated that Mr. Matei was a convicted sex offender, even though he says he is not guilty, and we cannot take on that liability of giving addresses and phone information. Mr. Matei commented that they made false accusations and it was an abuse of the law and ties hands. Mayor Taylor commented that the laws were there to protect all people, but it appears that the criminal has more rights than victims sometimes.
Commissioner Detwiler questioned if he could file a claim in small claims court. Mr. Matei stated that you have to have an address. Mr. Howard stated that he understood what he was talking about, but the City would be foolish to take on the liabilities associated with this.
REPORTS:
City Manager:
• Sandy Creek:
City Manager Howard informed the Commission that the Sandy Creek development had started.
• Traffic Study:
Mr. Howard stated that he had authorized EBH to do a traffic study from Fields Construction to K-61. Mr. Howard added that it would cost about $6,000 and that was within his authorization.
• Downtown Park:
Mr. Howard stated that he was going to meet with the contractor and group involved with the downtown park area. Mr. Howard added that they would be working on a timeline. Mayor Taylor questioned what we would do if there was something underground. Mr. Howard stated that we left it that we would just have to see what we run into. Mr. Howard added that you could get past that, but it gets more expensive. Mr. Howard commented that time was the concern now since we were pinched with everything going on and manpower, but everybody wants things done at the same time. Mayor Taylor stated that it would have to be done on the City’s time and we had been waiting on them for quite awhile.
Public Works:
• Pool project:
Public Works Director Rambat stated that they had been working diligently at the pool and should be putting water in it Wednesday or Thursday for next Monday’s opening.
Electric Department:
• Municipal Building siren:
Commissioner Skaggs asked about the progress of the emergency siren at the Municipal Building. Director of Electric Utilities Hemphill stated that there was a temporary siren up and it was located north of the fire station.
• RICE compliance:
Mr. Hemphill stated that the catalytic convertors and smoke stacks were going to be shipped on the 31st of May or June 1st and the second one should be shipped before the end of June.
• Test run:
Power Plant Superintendent Smith stated that they would be doing a test run on Engine #7 tomorrow.
Police Department:
• Miss Kansas parade:
Chief Myers informed the Commission that he had requested that the Kansas Department of Transportation allow the City to have a Miss Kansas parade and use the usual detour route. Chief Myers commented that he had not heard from anyone, so he called Mr. Scott Mullen. Chief Myers stated that Mr. Mullen had misplaced his letter and they gave him verbal approval as long as the route stayed the same.
Finance Department:
• IRS audit:
Finance Director Garten informed the Commission that the IRS had contacted her by phone and a follow-up letter about a payroll audit for 2012. Commissioner Skaggs questioned if this was a random check. Ms. Garten stated that she had asked that and he said that he did not want to tell her that they were ever completely random. Commissioner Kumberg asked if it was an onsite audit. Ms. Garten explained that she was putting things together and would be submitting it electronically, but he had tentatively set a date to come in person around the 18th of June.
Commission:
• Clearing of Park area:
Mayor Taylor asked that Mr. Rambat let Park Superintendent Eckhoff know that the clearing of the debris in the park looked really nice.
• Cross Walk:
Commissioner Detwiler stated that there were still people that were ignoring pedestrians walking out into the cross walk at Lemon’s Park. Commissioner Detwiler commented that the City needed to look at doing something to encourage people to stop at those cross walks, because they cannot see a pedestrian when they were coming out of the park. Ms. Kramer suggested that something be put up for the pedestrian to take a second look. Mayor Taylor stated that he usually takes a second look before crossing. Commissioner Detwiler questioned if it made him irritated to think that they should be stopping but do not. Mayor Taylor commented that he takes his own safety into his own hands.
ADJOURN:
Commissioner Skaggs made a motion to adjourn. Commissioner Kumberg seconded the motion and it passed unanimously.
______________________________________
JEFF A. TAYLOR, Mayor
(SEAL)
ATTEST:
__________________________________
LUANN KRAMER, City Clerk
*** Note: Page 1-Minutes-motion to approve was seconded by Commissioner Detwiler and carried unanimously.
Subscribe to:
Posts (Atom)