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.

06/03/2013 City Commission Meeting Agenda

MONDAY
June 03, 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 –

May 20, 2013 Regular City Commission Meeting
May 28, 2013 Work Session

5. BUSINESS:

5.1 Consideration and Approval of 2014 Budget Request – Rochelle Westerhaus, Pratt Public Library

5.2 Discussion on Date for the Budget Work Session – Diana Garten, Finance Director

5.3 Consideration and Approval of the Purchase of Cooling Tower Replacement – Kelly Hemphill, Dir. of Electric Utilities

5.4 Consideration and Approval of the Contracts for Reallocation of Baseload Power Agreements with Garden City and Meade – 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

05/06/2013-Approved City Commission Meeting Minutes

MONDAY

May 06, 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
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.

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 Detwiler to approve the minutes of the April 15, 2013 regular meeting.  The motion was seconded by Commissioner Hlavachick and carried unanimously.

BUSINESS:

PRESENTATION OF EMC DIVIDEND CHECK:

Mr. Rich Sanders, Sanders Agency, stated that he had a dividend check in the amount of $30,253, which he presented to the Commission.  Mr. Sanders commented that that was seven percent of the premium last year and it was a little bit lower than last year.

DISCUSSION ON BIKE ROUTES AND SIDEWALK DEVELOPMENTS:

Pratt Health Foundation Executive Director DeWayne Bryant stated that the Health Foundation had a goal to get people to eat less, exercise more and live longer, Mr. Bryan stated that there was a grant that would help expand the sidewalks around the Southwest School area and it would help with $24,000 of the $48,000 project.  Mr. Bryan commented that they would need the matching funds and he would let the Commission know that progress.  Mr. Bryan explained that they were scheduling an event on June 29th that would encourage people to get out and exercise and it would involve biking, walking and  running and would also promote the City parks.

Mr. Bryan explained that they were looking at other grant opportunities for a bike and sidewalk routes on Sixth Street and would ask for the Commission’s help with that.  Commissioner Skaggs questioned if the east west proposed walkway would cut through property owned by the school system.  Commissioner Skaggs added that he had heard that they were planning on putting in a track there.  Mr. Bryan stated that the USD was part of the coalition and he hoped that they were corresponding with the school.  Mr. Bryan added that he thought this was far enough away that it would not interfere with their plans.  

Commissioner Hlavachick commented that he had served on the Health Foundation Committee and he liked the idea of a bike path down Sixth Street and was glad to see that the committee was coming forward.  Mayor Taylor questioned if they needed anything on June 29th from the City, such as blocking off streets.  Mr. Bryan stated that they would be crossing Highway 54 one time at an unregulated intersection and might need help then.  Mayor Taylor stated that he should get with Chief Myers to work that out.  Mr. Bryan added that he had talked to Recreation Director Pinkall about having them stop at the pool and swim a lap, but that was not definite yet.

DISCUSSION ON PROPOSED PURCHASE OF 2 ACRES FROM BLOCK 3, SANDY CREEK ADDITION:

City Manager Howard introduced the interested party of two acres of the three acre tract that borders K-61 in the Sandy Creek Addition.  Mr. Warren Wadley, Realty Alliance One, stated that he was interested in the front two acres to build a seventy-one to seventy-seven room Hampton by Hilton Hotel.  Mr. Wadley commented that he had seen market studies that work in this community and this property was a good fit since it was flat and would be close to the interlope of the highway.

Commissioner Skaggs questioned if we would have to do a replat on the one acre.  Mr. Howard stated that we would just have to do a lot split and that goes before the Planning and Zoning Commission.  Mr. Howard commented that the issue would be the electric and water and we would have to run a sewer line, which would cost about $60,000 if we did the work.  Commissioner Skaggs questioned if we would have to update the sewer line.  Mr. Howard explained that one was a 10” and that was more than adequate.

Mr. Wadley stated that, with the right mix, he might look at a restaurant.  Mr. Wadley commented that they knew they could do the hotel, but they were still talking to prospects concerning a restaurant.  Commissioner Hlavachick questioned when they would begin construction.  Mr. Wadley stated that it would be 90 days, but they would start working on the plans with an architect next week.  Commissioner Kumberg questioned the location of the restaurant.  Mr. Wadley stated that they might want to buy the remaining acre, because it takes about 1 ½ acres to build a hotel when you consider the property setbacks.

Mr. Howard stated that they would draw up a contract with City Attorney Ken Van Blaricum if the Commission approves moving forward.  Mr. Howard explained that some of the language used in the Letter of Intent would also be in the contract.  Mayor Taylor questioned if there had been any price negotiations.  Mr. Howard stated that he had quoted $250,000 for the three acres.

After little more discussion, Commissioner Hlavachick made a motion to have the City Attorney proceed with the purchase of two acres of Block 3 in the Sandy Creek Addition.  Commissioner Kumberg seconded the motion and it carried unanimously.

DISCUSSION ON LEFT TURN LANES AT INTERSECTION OF HIGHWAYS 54 AND 281:

City Manager Howard stated that there was a meeting with KDOT on March 27th concerning the proposed left hand turn lanes.  Mr. Howard commented that they had thrown out other ideas such as dealing with Jackson Street and Ninnescah Street. Mr. Howard explained that the $800,000 would not change and he was not sure if there were more funds available.  Mr. Howard added that our cost was 10% and KDOT wanted to know if the City was interested in expanding the project or staying with the original project.  

Mr. Howard commented that he had watched Jackson Street around 8:00 a.m. and he explained that there were a lot of left turns onto Jackson Street, but it did not last long.  Mr. Howard stated that he was not sure that a turn lane for Jackson Street would help at all.  Mayor Taylor stated that semi’s used to be backed up west bound by Ninnescah Street and they were polite about leaving space to get across.  Public Works Director Rambat commented that you could expand the center lanes and tapper out to the side streets than go to a middle lane.  Mr. Howard stated that Jackson Street would be problematic, as well as Iuka Street, but we could propose looking at it.  Commissioner Kumberg questioned if that would take more of a bite out of the church property and the others in that area.  Mr. Rambat stated that he would assume that they would take an equal amount on each side, but they would not leave anything less than a 4’ sidewalk.  Commissioner Kumberg questioned if it was viable if it did not help solve the problem.  

Mr. Howard stated that we had to look at what we want to do. Mayor Taylor commented that he thought that we should continue to check into turning lanes at First Street and Main Street.  Commissioner Skaggs stated that that would alleviate a lot of problems; therefore, he was in favor of doing the original proposal.  Commissioner Detwiler made a motion to stay with the original proposals of left turn lanes on Highway 54 and Highway 281.  The motion was seconded by Commissioner Skaggs and carried unanimously.

CONSIDERATION AND APPROVAL OF BID FOR SANDY CREEK SUB-DIVISION - MASS GRADING, STREET AND SEWER IMPROVEMENT:

EBH Engineer Alan Luttrell explained to the Commission that bids had been opened last week for mass grading, street and sewer improvements for sixteen lots in the Sandy Creek Addition.  Mr. Luttrell stated that he had left it up to the contractor as to whether they bid asphalt or concrete, which also would let the Commission decide on the lowest asphalt or the lowest concrete bid.  

Mr. Luttrell commented that, in doing the project, he had to look at encompassing all forty-eight lots for the mass grading or we would not get the dirt work leveled out.  Mr. Luttrell added that the storm sewer pipe was for more than Phase One of the project and would be going underground.  Mr. Luttrell stated that there would be rock and geo fabric installed as a preventive measure against erosion and the mass grading plan had been approved by KDHE and the environmental reviews.

Mr. Luttrell stated that Mies Construction out of Wichita was low bidder over APAC-Kansas by $1,000.  Mr. Luttrell explained that Mies Construction and APAC-Kansas bid as contractors and sub-contractors.  Mr. Luttrell added that the difference for the street maintenance between asphalt and concrete was $38,000, but he explained that you get a longer run with concrete than asphalt.  Mr. Luttrell stated that these were great prices that could be spread over all forty-eight lots and some over sixteen lots.  Mr. Luttrell added that he had talked to Kansas Gas Service and the cost to do their main line would be $36,258.

Mr. Luttrell stated that the City would get about $810 back if each lot was built on.  Mr. Luttrell explained that a big majority of the lots would come off of K-61 and the rest would get spread out over the sub-division.  Mr. Luttrell commented that, as the City does more lots, there would be a 100% wash as people build.  Mr. Luttrell stated that he had talked to City staff and they would like to keep cost down to get the lots to a reasonable fee.  Mr. Luttrell commented that lots in Great Bend twelve to fifteen years ago were at $35,000 and it looked like these lots would be anywhere from $30,000 to $35,000.  Mr. Howard added that the City did pay $125,000 for the land and adding about 30% to all the lots would bring them closer to the $32,000 to $35,000 range.  Mr. Howard commented that you could sell the lots for $15,000 and do specials on the utilities, but agents were saying that they could sell them regardless of which way the Commission decides to go.  

Mr. Howard explained that they thought that a doable figure for the project was $500,000 and we were at that number.  Mr. Howard commented that we would do the sewer line to the motel and then run the service to lots so that streets would not be affected.  Commissioner Kumberg questioned where the gas would come in at.  Mr. Luttrell stated that it would be on the south side of Maple Street and run on the west side of K-61, come down behind the curb and tie into there.  Mayor Taylor questioned if the motel would be accessed from Maple Street and K-61.  Mr. Howard stated that you would go into the division without getting onto Maple Street.

Commissioner Detwiler questioned Mr. Luttrell about his experience on maintenance of concrete.  Mr. Luttrell commented that, if built right, concrete holds well, but the base was the secret to the whole thing.  Mr. Luttrell explained that there should not be many maintenance issues if you get a good base under it and he would take concrete 10 to 1 over asphalt.

Mr. Luttrell stated that he needed a motion to issue the Notice Award once the Commission decided on whether they wanted asphalt or concrete.  Commissioner Kumberg questioned if he had worked with Mies Construction before.  Mr. Luttrell stated that Mies Construction had done the waterline improvement on Sandy Creek and they were one of the top contractors and professional to work with.  Commissioner Kumberg questioned when they would start.  Mr. Luttrell stated that the City would come in and do the sewer improvement, which would take about six weeks, than the contractor would come in and do the mass grading.  Mr. Luttrell added that the City would do the waterline and electric work and then the streets would be done.  Mr. Howard stated that the figures given to the Commission included most of Phase One and it would take until the end of the year to take the line all the way to K-61, with weather being an obstacle.  

Commissioner Kumberg made a motion to give the Notice of Award to Mies Construction from Wichita for Phase One of the Sandy Creek Addition for concrete mass grading, sewer and street improvements.  The motion was seconded by Commissioner Skaggs and carried unanimously.

Mr. Howard commented that they had also been working on how to advertise the lots and Recreation Director Pinkall was in the initial phase of that.  Mr. Pinkall stated that he was currently running a special promotion and there would be an ad about Pratt being progressive.  Mr. Pinkall continued explaining that people would be able to use their smart phone as well as checking out our community on-line.  Mr. Howard stated that it could also be done by blowing up the plat and people could look at it.  Mr. Pinkall stated that the City’s next ad would include a film of Sandy Creek Addition, the Airport and the Withers Addition.  Mr. Howard stated that we want people to come here to live and not just to shop.

CONSIDERATION AND APPROVAL OF CONTRACT BETWEEN CITY AND EBH & ASSOCIATES FOR THE 2014 KLINK PROJECT:

Mr. Luttrell reminded the Commission that the City had applied for the 2014 KLINK project in 2012 and it involved the middle 24’ from First Street to Blaine Street.  Mr. Luttrell commented that the first 40’ would be replaced with concrete and the middle 24’ would also be concrete.  Mr. Luttrell stated that the City had to pay for the engineering and then KDOT picks up their share up to a certain amount.  Mr. Luttrell added that he would like to get to this project later this fall.  A motion by Commissioner Skaggs to approve the Engineering Contract for the 2014 KLINK Project was seconded by Commissioner Hlavachick.  The motion and second passed unanimously.

CONSIDERATION AND APPROVAL TO SUBMIT THE 2015 KLINK APPLICATION:

Public Works Director Rambat stated that the 2015 KLINK Application was due at the end of the week and he had looked at maintenance on the highway.  Mr. Rambat pointed out that the asphalt between Jackson Street and Mound Street was beginning to fail.  Mr. Rambat commented that he felt that the drainage box between Hamilton Street and Iuka Street should have concrete folded over the top of it.  Commissioner Skaggs questioned if this included a bridge deck.  Mr. Rambat explained that this was not one and it was 11” of pavement, but there was curb work to be done in that area also.  Mr. Rambat continued to explain that the State does not participate in curb projects.

Mr. Rambat stated that we do not have to accept the funds if we got approved and had come up with other ideas after the application had been submitted.  Mayor Taylor commented that he thought it was a good idea.  Mr. Rambat stated that traffic was tremendous and the highway could get beyond our control if it starts to fail.  Mayor Taylor questioned if we had talked to KDOT about the increase in traffic.  Mr. Howard stated that they were not working any direction but south, so they were not working on the highway.

Commissioner Skaggs questioned whose responsibility it was to take care of the river bridge going south on Main Street.  Mr. Rambat commented that we had just recently found out that that was ours.  Mr. Howard stated that at least the east side of the road was the City’s.  Mr. Rambat stated that we had patched it in, but they would be doing a mill and overlay next to the bridge.  Commissioner Skaggs asked about ownership from the railroad tracks to Lake Road.  Mr. Howard stated that he did not think it was our responsibility, but he needed to review the contract.

Mayor Taylor took a quick vote on whether to submit the 2015 KLINK Application and all were in agreement that Highway 54 from Jackson Street to Mound Street was acceptable.

CONSIDERATION AND APPROVAL OF RE-APPOINTMENTS TO THE PLANNING COMMISSION:

Building Inspector Brad Blankenship stated that Ms. Linda Fletcher and Mr. Tom Haltom had regularly attended the Planning and Zoning meetings as members and they were both agreeable to another three year term.  Mr. Blankenship commented that the Planning Commission was in agreement and recommended the approval.  Commissioner Kumberg made a motion to reappoint Ms. Fletcher and Mr. Haltom for another three year term on the Planning Commission.  The motion was seconded by Commissioner Skaggs and carried unanimously.

CONSIDERATION AND APPROVAL OF PRICE INCREASE FOR GREENLAWN CEMETERY:

Public Works Director Rambat commented that the Cemetery Board had discussed cemetery pricing at their last meeting and they felt it was time to address the issue of Saturday and after hour fees.  Mr. Rambat stated that the last increase was in 2011 and that increased the regular working hour rates.  Commissioner Skaggs asked if the employees got paid extra.  Mr. Rambat stated that they did and this was something that could not be avoided.  Mr. Rambat added that, although this was not a large increase, it was appropriate.  Commissioner Hlavachick made a motion to approve the price increase for Greenlawn Cemetery as presented by the Cemetery Board.  The motion was seconded by Commissioner Detwiler and carried unanimously.

OPEN AGENDA:

• Hospital progress report:

President and CEO of PRMC Susan Page thanked City staff for their support, cooperation and responsiveness.  Ms. Page stated that they were in the early stages, but the City had been great and she suggested that she come monthly to give updates on the hospital project.  Mayor Taylor stated that that would be appreciated and suggested the first Monday of the month starting in June.  Ms. Page stated that would work for her.

Mayor Taylor asked about the contractor having to stop demolition due to the noise.  Ms. Page stated that they did have to go do other things while the doctors were in surgery because they could not hear.  Ms. Page explained that the project was on schedule and the demo in the front was done.  Ms. Page commented that Fire Chief David Kramer had brought the firemen out to spend some time with Mr. Mike Patton and would be doing that on a periodic basis, which was a good thing to have them familiar with what was going on.  Mayor Taylor stated that that was good forethought on their part.

REPORTS:

City Manager:

• Konkel property:

City Manager Howard commented that Ms. Konkel was to have all that she wanted to keep from her property gone by May 15th.  Mr. Howard stated that they had done a lot of clean-up and had taken down the fence and he felt that she had moved most of what she wanted.  Mr. Howard stated that we would be bringing in some dirt to fill in the area.  Commission Skaggs questioned using some of the dirt from Sandy Creek.  Mr. Howard stated that he would like to leave that out there in case someone would need dirt when they were building.  Mayor Taylor commented that the barbed wire fence was just laying there.  Mr. Howard stated that he would look at that, but the one that separated the park was gone.

• United Development:

Mr. Howard stated that United Development was cleaning up the area across from Wal-Mart and was going to straighten it up and make it through north and south.

• Emergency siren:

Mr. Howard commented that the siren on the Municipal Building had failed and it was sixty years old, so it was time to replace it.  Mr. Howard stated that it cost $20,000 to replace and abandon this one, but it would have all the same parts as the other working sirens.  Mr. Howard explained that they would like to relocate it over by the fire station.

Mr. Howard stated that it takes ten to twelve weeks for delivery and, if they would wait for the next meeting, they would not have a siren during any bad weather.  Mr. Howard requested the Commission consider foregoing the bid process and authorize him to buy the brand that we had in the past.  Commissioner Skaggs made a motion to forego the bid process to purchase a storm siren for the Municipal Building replacement not to exceed $20,000.  The motion was seconded by Commissioner Hlavachick and carried unanimously.

• Executive Session:

Mr. Howard requested an executive session for ten minutes at the end of the meeting for attorney/client privilege.

City Attorney:

• Hospital deed:

City Attorney Van Blaricum stated that he had been working on a new deed for the hospital concerning the west side property that had belonged to the City.  Mr. Van Blaricum commented that he had been working with County Counselor Schmisseur and that deed was ready to be signed after the meeting.

• Municipal Court:

Mr. Van Blaricum stated that Municipal Court had been busy along with the police department.  Commissioner Kumberg asked if the jail was still full.  Police Chief Myers stated that they had brought in eight this afternoon and they were still full.  Commissioner Skaggs questioned if they were housing prisoners from other Cities.  Chief Myers stated that they only have County prisoners and none from outside the County.  

Public Works:

• 6th & Haskell ditch:

Public Works Director Rambat stated that the fence was complete at the new ditch at Sixth Street and Haskell Street.  Mr. Rambat added that they had also put the last of the grass seed down.

• South park:

Mr. Rambat informed the Commission that the parking was done on the South Main Park.

• Pool update:

Mr. Rambat commented that the pool was primed and ready to paint.

• Wastewater project:

Mr. Rambat stated that the wastewater project was underway and they were working on the waterlines for the new structures.

• Stripers:

Mr. Rambat commented that the stripers had come through the intersection at Highway 54 and K-61.

Inspection Department:

• Hospital inspection:

Building Inspector Blankenship stated that he had done the first inspection at the hospital.  Mr. Blankenship explained that they were connecting the old part at the lower level to the four story structure.

• Car wash:

Mr. Blankenship commented that the car wash was bricked over the weekend.

• Arrowhead West:

Mr. Blankenship stated that the Arrowhead West construction was moving along quickly.

• Property nuisances:

Mr. Blankenship informed the Commission that property nuisances were keeping him busy and the letters were about ready to go out.  Mr. Blankenship stated that that process takes time.

• Building on Main:

Commissioner Skaggs commented that the building by Woody’s had not had anything done to it yet.  Mr. Van Blaricum stated that we might have to keep pushing him.

Recreation Department:

• Weekend tournaments:

Recreation Director Pinkall stated that they had had their second tournament over the weekend with fifteen teams playing for two days.  Mr. Pinkall commented that it was cold and windy, but everything went well.

Mr. Pinkall commented that the high school also had a successful tennis tournament this past weekend.  Mr. Pinkall explained that they had a change due to the weather, but were able to finalize it on Sunday when the weather was more favorable.

Power Plant:

• Engines ready:

Power Plant Superintendent Smith stated that both engines were ready to run for the summer.  Mr. Smith added that they continue to do preventive maintenance and routine maintenance.

Police Department:

• Shortage of ammunition:

Police Chief Myers stated that his officers were staying busy and they had cleared some major cases.  Chief Myers also informed the Commission that they were experiencing the nationwide shortage of ammunition, which meant that they could not obtain any for training purposes.  Chief Myers commented that the shortage had driven the prices sky high.

Commission:

• Protection Act:

Commissioner Kumberg commented that there had been a lot of discussion on the Protection Act and he questioned if it should be on the next agenda so that we could see how it would affect us.  Commissioner Kumberg added that it takes affect July 1st.  Mr. Van Blaricum stated that he could get it on the next agenda.  Mr. Howard commented that he would like to have Sheriff Vernon Chinn in on that discussion.

• Labor charges:

Commissioner Skaggs stated that he had a City of Pratt Labor Charges sheet, but it was dated August 2000.  Commissioner Skaggs questioned if we had an updated sheet.  Mr. Rambat commented that there was a newer one that was dated 2009.

• Apartment complex:

Commissioner Hlavachick questioned if we had heard anymore about the apartment complex.  Mr. Howard stated that he had only heard that the applications were being reviewed and they were hopeful.

• Konkel property:

Commissioner Detwiler commented that Commissioner Skaggs had asked about the plans for the Konkel property in the last meeting, but had not gotten an answer and she wondered what that plan was.  Mr. Howard stated that the contract had some things that had to be left, but we would knock down the junk,  figure out a drainage plan and fill it in with dirt.  Mr. Howard explained that we may have to pay Simpson to come in and level it down.  Commissioner Skaggs questioned what we were doing with the quonset hut.  Mr. Howard commented that we would take it apart and move it per the arrangement.  Commissioner Skaggs asked what we were going to do with the little building on the north end.  Mr. Howard stated that we would use that for storage.  Commissioner Detwiler questioned if this was the one that the Christmas lights were in instead of the west shelter house.  Mr. Howard answered that they were using that one as well in lieu of building on.

• Executive session:

Mayor Taylor made a motion to enter into executive session for ten minutes to discuss attorney/client privilege with no action to be taken.  Commissioner Hlavachick seconded the motion and it passed unanimously.

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

ADJOURN:

Upon proper motion and second, the meeting was adjourned.

_______________________________________
JEFF A. TAYLOR, Mayor 

(SEAL)
ATTEST:

____________________________________
LUANN KRAMER, City Clerk

05/20/2013-City Commission Meeting Agenda

MONDAY

May 20, 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 – May 06, 2013 Regular City Commission Meeting

5. BUSINESS:

5.1 Discussion on South Wind Hospice Bankruptcy and Approval of Limited Warranty Deed and Bill of Sale – Ken Van Blaricum, City Attorney; Edward Nazar, Redmond & Nazar, LLP

5.2 Presentation of the 2012 City of Pratt Audit – Vicki Dreiling, Adams, Brown, Beran & Ball Chtd.

5.3 Discussion on the Possible Purchase of Two City Owned Lots – Zach Deeds

5.4 Consideration and Approval of the Purchase of a New 4X4 Truck with Dump Bed – Jamie Huber, Line Distribution Superintendent

5.5 Consideration and Approval of the Contract of Sale for Tract of Land Located in Block 3 of the Sandy Creek Addition – Ken Van Blaricum, City Attorney; Dave Howard, City Manager

5.6 Consideration and Approval of KGS Contract for the Extension of Natural Gas Facilities – Dave Howard, City Manager

5.7 Discussion on the Personal and Family Protection Act – Mayor, Commission and Staff

5.8 Discussion Concerning a Possible Work Session to Discuss City Power Supply Contracts – 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

04/15/2013-Approved City Commission Meeting Minutes

MONDAY

APRIL 15, 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

Ken Van Blaricum City Attorney

Diana Garten Finance Director

Gary Myers Police Chief

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.

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

INVOCATION AND PLEDGE OF ALLEGIANCE:

Commissioner 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 April 01, 2013 regular meeting. The motion was seconded by Commissioner Kumberg and carried unanimously.

CERTIFICATION OF APRIL 02, 2013 CITY COMMISSION ELECTION:

City Clerk Kramer read the certification of the April 02, 2013 City General election that had been sent by County Clerk Sherry Kruse indicating that Commissioner Taylor and Commissioner Skaggs had received the majority of the votes; therefore, voted in to serve an additional term as City Commissioner.

OATH OF OFFICE GIVEN TO NEWLY ELECTED CITY COMMISSIONERS:

City Clerk Kramer gave the oath of office to Commissioner Taylor and Commissioner Skaggs. The Commissioners signed the City Oath of Office before the meeting continued.

PRESENTATION OF MAYOR’S PLAQUE:

City Manager Dave Howard presented outgoing Mayor Hlavachick with a plaque and stated that he and the staff appreciated his leadership the past year and he knew that there was another good one in front of us.

REORGANIZATION OF PRATT CITY COMMISSION:

NOMINATION FOR MAYOR:

A nomination by Commissioner Skaggs for Commissioner Taylor to serve as Mayor. Mayor Hlavachick asked if there were any further nominations for Mayor and, hearing none, closed the nomination process. Commissioner Skaggs made a motion to appoint Commissioner Taylor as Mayor. Commissioner Kumberg seconded the motion and the motion and second passed unanimously. Mayor Taylor took his place at the dais as the Mayor for 2013/2014.

NOMINATION FOR VICE-MAYOR:

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

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

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

DESIGNATION OF OFFICIAL CITY NEWSPAPER – THE PRATT TRIBUNE:

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

BUSINESS:

CONSIDERATION AND APPROVAL OF APPOINTMENTS TO THE PRATT LIBRARY BOARD:

Mayor Taylor stated that there were two seats on the Library Board that needed to be filled and the Board recommended that Ms. Robin Waddle and Mr. Jeff Ward fill those two positions. Mayor Taylor added that these were three year terms. A motion by Commissioner Skaggs to appoint Ms. Waddle and Mr. Ward to the Pratt Library Board for a three year term. The motion was seconded by Commissioner Hlavachick and carried unanimously.

CONSIDERATION AND APPROVAL OF REQUESTS FROM PRATT HIGH SCHOOL FOR TENNIS EVENTS:

Recreation Director Bruce Pinkall informed the Commission that the High School would be hosting two tennis events and the first event would be the boys Regional Tennis Tournament on May 2nd and 3rd. Mr. Pinkall added that they would like to use the Scout Cabin both of those days. Mr. Pinkall also requested, on behalf of Pratt High, the use of the Scout Cabin on October 18th and 19th for the fall Girls 1A – 3A State Tennis Tournament. Mr. Pinkall explained that they were looking for a new venue and we were their choice. Mr. Pinkall commented that they were also requesting that Rochester Street between Third and Fourth Streets be closed during the tournament. Mr. Pinkall stated that the High School puts the barricades up and takes them down when they are done for the day.

Commissioner Hlavachick made a motion to accept the recommendation from Mr. Pinkall for the Boys Regional Tennis Tournament on May 2nd and 3rd and the Girls State Tournament in October, with Rochester Street being closed from Third and Fourth Streets and to have use of the Scout Cabin for both events. The motion was seconded by Commissioner Kumberg. Mayor Taylor questioned if we had had other State tournaments here. Mr. Pinkall stated that we had hosted several and some went as far back as Mr. Mike Harvey’s coaching days. The motion and second passed unanimously. Mr. Pinkall stated that he would notify Mr. Curtis Nightingale.

CONSIDERATION AND APPROVAL TO SUBMIT 2016 GEOMETRIC IMPROVEMENT APPLICATION:

Public Works Director Russell Rambat stated that he had filled out an application for the 2016 Geometric Improvement Project and he hoped that the third time would be the charm. Mr. Rambat commented that he would like to get a smooth road surface on the center point from Blaine Street and south of the tracks. Mr. Rambat explained that he was looking at putting funding towards upgrading and replacing the water line in that area.

Mr. Rambat stated that KLINK had approved our application to do Highway 54 to Blaine Street last fall. Mayor Taylor questioned if the 2016 GEO Project would be curb to curb. Mr. Rambat stated that it would not be, but the first 40’ of South Main Street would be through the KLINK program. Mr. Rambat added that this was a 90/10 split with the State covering the 90%. Commissioner Skaggs questioned if there needed to be a motion on this. Mr. Rambat stated that he did not believe so, but just wanted their approval to send in the application. The Commissioners were in agreement that it should be sent in. Mr. Rambat commented that he had three or four options for the 2015 KLINK Application that he would bring before the Commission to see what direction they want to go.

CONSIDERATION AND APPROVAL OF PROPOSAL TO RESTRIPE 200’ OF THE WEST SIDE OF US-54 AND K-61 INTERSECTION:

Public Works Director Rambat informed the Commission that KDOT was doing a mill and overlay project on Highway 54 from K-61 Highway going east about three miles. Mr. Rambat stated that he had visited with Mr. Scott Mullen and inquired about their sub-contractor that was doing the striping. Mr. Rambat commented that he felt this would be a good opportunity to get the west side restriped. Mr. Rambat explained that there would be a 200’ area that, if approved, would match KDOT’s.

Mr. Rambat commented that we were limited to our resources concerning striping in heavy traffic areas and ours does not hold up. Mr. Rambat stated that Roadsafe out of El Dorado had given him an estimate of $12,375 to stripe the 200’ area. Commissioner Kumberg questioned if the State would help out with any of this. Mr. Rambat stated that this would be under a KLINK agreement and we do most of the maintenance inside the City limits ourselves.

Commissioner Detwiler made a motion to approve the expenditure of $12,375 to restripe 200’ of Highway 54 at the K-61 intersection. Commissioner Skaggs seconded the motion. Mayor Taylor questioned how long their striping lasts compared to ours. Mr. Rambat stated that he would give theirs a four to six year life, because theirs hardens like poxy. Mayor Taylor questioned if we restripe every year. Mr. Rambat stated that we do, but it was not always enough. Commissioner Kumberg questioned if we get any type of guarantee from Roadsafe. Mr. Rambat stated that they guarantee their work for a year. The motion and second were passed unanimously.

UPDATE ON SANDY CREEK SUBDIVISION DEVELOPMENT:

City Manager Howard stated that the bid advertisement had been sent out on the Sandy Creek sub-division and it would be for the mass grading, storm water and street work. Mr. Howard explained that the utilities would be done by the City and Line Distribution Superintendent Jamie Huber and Line Tech Dennis Cox would be in charge of the electric and Water Superintendent Kelvin Clay would be doing the water and sewer. Mr. Howard pointed out the estimated material prices that were in the packet and informed the Commission that those costs do not include our labor. Mr. Howard commented that we would not have all the heavy equipment we need, such as an excavator and shoring equipment. Mr. Howard explained that the water estimates were divided between the first phase of the project and the higher estimate was to take it out to K-61 Highway and loop it into our system.

Mr. Howard commented that the bids would be opened on April 30th and that included sixteen lots of development. Mr. Howard stated that the Commission could request a work session for further discussion if they wanted, because they needed to talk about how to advertise them and sell them, as well as whether we sell them straight up or do specials. Mr. Howard added that there should be something in the deed that states they had to build within a year. Mr. Howard commented that he had seen a development done by putting a big sign up so people could see what this phase would be and he mentioned that he was going to visit with Mayor Taylor about making a big sign for the development. Building Inspector Blankenship stated that they had done that in the Swisher Addition and they had put an ‘X’ on a lot when it was taken.

Commissioner Skaggs questioned if there was going to be any area for a park. Mr. Howard stated that there was not in this phase, but pointed out several areas that would work for that. Commissioner Skaggs asked about sidewalks being required. Mr. Howard stated that they would not be required in the newer development since the only people entering were the people living there.

Mr. Howard explained that they would be running service lines onto each property so that yards would not have to be dug up and doing the mains was a straight forward shot. Mayor Taylor questioned if there would have to be an ordinance or covenants if we wanted sidewalks after the construction. Mr. Howard commented that that would be things that would need to be discussed. Mr. Howard reminded the Commission that they do have the right to reject any or all bids if we decide to not move forward. Mayor Taylor questioned who the bids had been sent to. Mr. Howard stated that he was not sure, but quite a few had picked up the specs.

Commissioner Skaggs questioned what was involved with the mass grading part of the development. Mr. Howard stated that we would hire somebody to take out unwanted hills and valleys. Mr. Howard added that it would cost double to break it up into sections according to some earth movers that he had talked to. Mr. Howard commented that, if there was enough dirt, there could be a dirt barrier to the south. Mr. Howard explained that some areas were not getting touched.

Commissioner Kumberg questioned what the time frame was to get it started and ready to build on. Mr. Howard stated that that would be discussed with the contractor, but he would hope to be done by the end of the summer. Commissioner Hlavachick stated that he was anxious to get started. Mr. Howard commented that there would be street lighting down Maple Street. Commissioner Skaggs questioned if the utilities would be underground. Mr. Howard stated that they would be.

Mayor Taylor questioned Mr. Howard on how much the City would be saving doing some of the work ourselves. Mr. Howard stated that it could be around the $150,000 to $200,000 range. Commissioner Kumberg stated that they had done an excellent job on the Wither’s Addition, so we would have quality there too. Commissioner Skaggs questioned if the outside contractor would be limited on the number of hours they would be allowed to work in a week. Mr. Howard stated that the bid says six weeks, so he thought that it could be done in that time frame.

CONSIDERATION AND APPROVAL FOR APPOINTMENT OF DIRECTOR #1 TO THE KMEA BOARD OF DIRECTORS:

City Manager Howard commented that he was the Vice-President of the KMEA Executive Board and Commissioner Hlavachick was the current Director #1. Mr. Howard stated that Commissioner Hlavachick’s term was up this year, but he could be reappointed if he wanted to continue. Commissioner Hlavachick stated that he had enjoyed being on the board and would gladly accept another term. A motion by Commissioner Skaggs to appoint Commissioner Hlavachick to an additional term on the KMEA Board of Directors was seconded by Commissioner Detwiler. The motion and second passed unanimously.

OPEN AGENDA:

• Movie in the Park:

Mr. John Beverlin, member of Pratt Young Professionals Group, addressed the Commission about having a 2nd annual Movie in the Park on July 13th. Mr. Beverlin stated that they would like to use the same location on the west side of the park and added that they had not decided on what the movie would be or what time they would start. Commissioner Hlavachick stated that it was well attended last year. Mr. Beverlin commented that they had quit counting at 300. Commissioner Skaggs questioned if there was sufficient parking. Mr. Howard stated that he thought it had worked. Mr. Beverlin explained that they would start setting up about 6 p.m. or 7 p.m. Mayor Taylor questioned if Park Superintendent Mark Eckhoff had had any issues. Mr. Howard stated that he had only heard positive things. Commissioner Hlavachick made a motion to allow Pratt Young Professional Group to bring in movie equipment to Lemon’s Park on July 13th. The motion was seconded by Commissioner Detwiler and carried unanimously.

REPORTS:

City Manager:

• Fly-in:

Mr. Howard pointed out the flyer explaining the Airport Fly-in on June 1st and 2nd. Mr. Howard stated that there was more information on the flyer.

• New building for Stallions:

Mr. Howard stated that Stallion Oilfield Services was going to build a new building on site at the airport and they would be doing it without economic help. Mr. Howard commented that Crescent Services and Stallion’s had increased their employees. Mayor Taylor commented that Crescent had gone past their forty. Commissioner Kumberg questioned if they would lease or own their building. Mr. Howard stated that they lease them from the Airport Authority. Commissioner Skaggs questioned if they own the building. Mr. Howard commented that he would have to get with Mr. Reid Bell, but thought it might be ‘right of first refusal’. Mr. Howard added that he knew they could own the building, but not the ground.

City Attorney:

• Property north of Woody’s:

City Attorney Van Blaricum commented that Mr. John Arndt owned the property that had been brought up at the last meeting and was just north of Woody’s Sports Bar. Mr. Van Blaricum stated that Mr. Arndt had lived in Pratt, but had retired to Nortonville, Kansas. Mr. Van Blaricum explained that he was going to be in Pratt this week and had plans to rebuild the roof. Mr. Van Blaricum commented that Mr. Arndt would like to clear his stuff out and sell it. Mr. Van Blaricum stated that he was a very pleasant individual to talk to, but had not given us a time frame. Commissioner Skaggs questioned if the property taxes were paid. Mr. Van Blaricum stated that the first half had been paid and Mr. Arndt knows that we are concerned. Mayor Taylor questioned if there had been any other complaints. Mr. Blankenship stated that he had not had any.

• Nuisance properties:

Mr. Van Blaricum informed the Commission that he had been working with Mr. Blankenship on nuisance properties that were in Municipal Court.

• South Wind Hospice bankruptcy:

Mr. Van Blaricum stated that he had gotten a phone call from Mr. Ed Nazar concerning the bankruptcy filed by South Wind Hospice. Mr. Van Blaricum explained that the bond holders would be partially paid off for their investment, but Mr. Nazar would like to come out to the next meeting and explain what the plan was for those bond holders.

Public Works:

• Pool Update:

Public Works Director Rambat stated that the contractor was about 70% done sand blasting the pool and should be done by the end the week. Mr. Rambat added that they would start patching the first of next week and then start painting.

• Park dept.:

Mr. Rambat stated that the Park Department had been grinding on the deck at the pool where it had settled and also working on replacing some plastic plumbing in the bathrooms.

• PYP picked up trash:

Mr. Rambat stated that he had gotten yellow vests and trash bags for Ms. Tracy Beverlin, a member of the Pratt Young Professionals Group, and they had picked up trash north on Highway K-61. Mr. Rambat commented that that was greatly appreciated.

• Wastewater Treatment Plant progress:

Mr. Rambat stated that APAC had moved in their equipment at the wastewater treatment plant and had dug up the front yard.

• Summer Chip Seal Project:

Mr. Rambat stated that he would be working with Street Department Superintendent Dancaster and Street Foreman Sinclair in the next week or two to determine streets for the Chip Seal project. Mr. Rambat explained that they had talked about foregoing the Curb and Gutter Project this year and dedicating those funds to the streets. Mr. Rambat commented that the curb project was a good project but he had a lot of streets to keep going. Mr. Rambat stated that they would look at doing curb and gutter again next year.

Inspection Department:

• Property Nuisances:

Building Inspector Blankenship stated that he had already sent out a lot of property nuisance letters and some of them were habitual every year. Mr. Blankenship explained that they clean up and then it goes right back to a nuisance state. Mayor Taylor commented that there was one gentleman that would move cars from one property to another. Mr. Howard stated that that was one we were dealing with now. Mr. Blankenship commented that people were taking more pride in their neighborhoods, but some were stubborn and they end up in Mr. Van Blaricum’s hands. Mr. Van Blaricum stated that the one individual had been sentenced to jail time if it had not been cleaned up, but the probation time was up, so there was no jail time hanging over his head now. Mr. Blankenship stated that it looks like an explosion on his property, but he reminded the Commission that there was due process that had to be followed. Commissioner Kumberg questioned what the fine was. Mr. Van Blaricum stated that the maximum fine was $100, which needed to be changed. Mr. Blankenship commented that he had promises from the individual, but nothing gets done.

Electric Department:

• KMEA’s request for power:

Power Plant Superintendent Smith commented that they had run the power plant about three times for KMEA last week. Mr. Smith explained that Southern Pioneer had one plant go down and there was not enough wind energy to carry the load.

Police Department:

• Jail full:

Police Chief Myers informed the Commission that he had gotten a call Friday from Sheriff Chinn to let him know that the jail was full. Chief Myers stated that he was to make other arrangements if there were any problems, but he had made some transports out of town, which were juvenile. Commissioner Skaggs questioned how many cells there were in the jail. Chief Myers stated that there were over thirty and most of those were serving sentences or waiting for court.

• Airplane sold:

Chief Myers stated that they had sold the airplane that had been seized in a drug bust. Chief Myers explained that they would do a complete bill of sale and the gentleman had bought it as is. Chief Myers added that they do have a permit to fly it out and the mechanic had signed off on it.

Finance Department:

• Auditors:

Finance Director Garten informed the Commission that the auditors would be here next Tuesday for two or three days.

Commission:

• Stop sign on Jackson:

Commissioner Skaggs questioned if we had ever thought about a stop sign on North Jackson. Mr. Howard stated that there was a lot of traffic there and it had been talked about, but nothing was decided.

• Plans for Konkel property:

Commissioner Skaggs asked if there were any plans for the area purchased from the Konkel family at the Lemon Park entrance. Mr. Howard stated that Mr. Blake Himmelwright wanted the quonset hut taken out, but it works as a big open area. Mr. Howard added that the money donated by the trust was to do upgrades.

• Covenant Housing:

Commissioner Skaggs questioned the situation with Covenant Housing. City Attorney Van Blaricum stated that the process was being settled out.

• Policy on trash trucks:

Commissioner Skaggs questioned what the policy for trash trucks was when things fall off or out of the truck. Commissioner Skaggs added that some dumpsters were overloaded. Mr. Rambat commented that they try to get them to do that. Commissioner Skaggs stated that, when it was right in the middle of the street, patrons do not feel that they should have to pick-up their trash and neither do our men. Mr. Rambat stated that he would visit with them. Mr. Howard commented that there were containers that were habitually overloaded and they should be made to get a second container. Mayor Taylor questioned if there was a 200 lb. limit. Mr. Rambat stated that that was about the limit. Commissioner Skaggs stated that it was more the patron’s fault than the employee. Mr. Rambat stated that he would make an announcement to the employees.

• Stop Lights:

Commissioner Skaggs questioned whose responsibility it was to synchronize the stop lights. Mr. Howard answered that it was ours. Commissioner Skaggs questioned why the lights were all the same after 10 or 11 p.m. Mayor Taylor stated that trucks would actually drive ¾ of a block and then run the red light, so from midnight thru 5 a.m., they flash red. Mr. Howard added that the lights on Stout Street and Highway 54 and K-61 were motion activated, but they all flash red after 11 p.m.

• Nature trail:

Commissioner Detwiler commented that there were some young people with white bags in Lemon’s Park to pick up trash on the Nature Trail, but she was not sure who they were. Commissioner Detwiler added that they should be thanked for doing that. Mr. Rambat stated that he was not sure who that was. Commissioner Hlavachick commented that the 4-H group used to do that.

ADJOURN:

Commissioner Kumberg made a motion to adjourn. The motion was seconded by Commissioner Hlavachick and carried unanimously.

_______________________________________

JEFF A. TAYLOR, Mayor

(SEAL)

ATTEST:

__________________________________

LUANN KRAMER, City Clerk

05/06/2013-City Commission Meeting Agenda

MONDAY

May 06, 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 – April 15, 2013 Regular City Commission Meeting

5. BUSINESS:

5.1 Presentation of EMC Dividend Check – Rich Sanders, Sanders Agency

5.2 Discussion on Bike Routes and Sidewalk Developments – DeWayne Bryan, Pratt Health Foundation Exec. Director

5.3 Discussion on Proposed Purchase of 2 Acres from Block 3, Sandy Creek Addition – Dave Howard, City Manager; Warren Wadley, Reality Alliance One

5.4 Discussion on Left Turn Lanes at Intersection of Highways 54 and 281 – Dave Howard, City Manager; Russell Rambat, Public Works Director

5.5 Consideration and Approval of Bid for Sandy Creek Sub-Division - Mass Grading, Street and Sewer Improvement – Alan Luttrell, EBH Engineer; Dave Howard, City Manager

5.6 Consideration and Approval of Contract Between City and EBH & Associates for the 2014 KLINK Project – Alan Luttrell, EBH Engineer; Dave Howard, City Manager; Russell Rambat, Public Works Director

5.7 Consideration and Approval to Submit the 2015 KLINK Application – Russell Rambat, Public Works Director

5.8 Consideration and Approval of Re-appointments to the Planning Commission – Brad Blankenship, Building Inspector

5.9 Consideration and Approval of Price Increase for Greenlawn Cemetery – Russell Rambat, Public Works Director

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