MONDAY
MARCH 16, 2009
PRATT CITY COMMISSION – REGULAR COMMISSION MEETING
COMMISSION ROOM – 5:00 P.M.
1. CALL TO ORDER (Remind audience that meeting is being recorded and/or taped)
2. ROLL CALL
3. MINUTES – March 02, 2009 Regular Commission Meeting
4. OPEN AGENDA
5. BUSINESS:
5.1 Consideration and Approval of Documents Pertaining to Use of Enhancement Funds – Alan Luttrell, EBH; Dave Howard, City Manager; Russ Rambat, Public Works Director
· Approval of Application (Mayor to sign)
· Approval of RESOLTUION 031609
5.2 Consideration and Approval of Letter Agreement Between City and Pratt Area Humane Society – Ken Van Blaricum, City Attorney
5.3 Consideration and Approval of Ordinance 0904 Amending Zoning Classification – Ken Van Blaricum, City Attorney (ORDINANCE 0904)
6. REPORTS:
6.1 City Manager
6.2 City Attorney
6.3 Department Heads
6.4 Mayor
6.5 City Commission
7. ADJOURN
Friday, March 13, 2009
Tuesday, March 3, 2009
2/16/09 Approved Minutes
MONDAY
FEBRUARY 16, 2009
The Governing Body of the City of Pratt met in Regular session in the Commission Room located in City Hall.
PRESENT: Eric Nystrom Mayor
Glenna Borho Commissioner
Jeff Taylor Commissioner
Bill Hlavachick Commissioner
Willy Peltier Commissioner
ALSO PRESENT: Dave Howard City Manager
LuAnn Kramer City Clerk
Ken Van Blaricum City Attorney
Diana Garten Finance Director
Steve Holmes Chief of Police
Russ Rambat Public Works Director
Kelly Hemphill Director of Electric Utilities
CALL TO ORDER:
Mayor Nystrom called the regular session to order. The Mayor instructed the Clerk to note that all Commissioners were present.
MINUTES:
A motion by Commissioner Taylor to approve the minutes of the February 02, 2009 recessed Commission meeting with the County and the minutes of the February 02, 2009 regular Commission meeting. The motion was seconded by Commissioner Hlavachick and carried unanimously.
Mayor Nystrom reminded the audience and staff that the meeting may be taped and/or recorded.
OPEN AGENDA:
No one in the audience wished to address the Commission.
BUSINESS:
DISCUSSION WITH COMMISSIONERS:
Mr. Loren Barker, rural resident of Pratt, thanked the Commission for taking time to listen to his concerns. Mr. Barker commented that he would like to request electric by the pond on his property so that he could place a 5th wheel camper in that area. Mr. Barker stated that there had been electric there in the 1980’s, but was now an abandoned camp ground and the road was closed. Mr. Barker commented that he had visited with Commissioner Taylor and he had suggested visiting with the other Commissioners. Commissioner Borho asked how close the nearest pole was to the pond. Mr. Barker answered that there was a utility line right there in the early 1980’s. Commissioner Borho asked if the line was still serviceable. Mr. Barker stated that he thought it was.
City Manager Dave Howard and Director of Electric Utilities Kelly Hemphill provided the Commission with a power point that pointed out the service lines, residence and pond. Mr. Hemphill advised the Commission that the area in question had become overgrown and needed to be cleaned out. Commissioner Borho questioned if it would take a new transformer and line to get electric to the pond. Mr. Hemphill commented that there was no transformer there and twenty percent of the lines would need to be replaced. Mr. Hemphill stated that the labor and materials would not be terrible, but the labor to remove the debris would be. Mr. Howard informed the Commission that he had refused to do this job and that he had visited with Mr. Barker about the City setting the pole with a meter, but that the rest was the responsibility of the property owner. Mayor Nystrom asked where this line would be metered. Mr. Hemphill stated that it would be at the house. Commissioner Peltier asked if all he wanted was to be reconnected. Mr. Hemphill stated that to do that the City would need a new transformer and a meter set. Mr. Barker stated that all he wanted was to make it like it was before. Mr. Hemphill commented that to do any of that would require the property owner to trim the trees.
Commissioner Borho asked what the City’s past policy was on something like this. Mr. Howard explained the current procedure and that in the 1980’s the City would have had no problem doing what was being requested by Mr. Barker. Mr. Barker commented that during the ice storm, the City had come out to trim the trees and had gotten stuck on his property. Mr. Barker added that he had had an agreement for years. Mr. Howard explained by power point what serves Mr. Barker’s property and showed that no one else is served by it. Commissioner Peltier asked about the cost to do what Mr. Barker was asking. Mr. Hemphill stated that it would take three to four days a week to trim the trees and one week to repair the line. Commissioner Peltier asked who would be responsible for the expenses. Mr. Hemphill stated that the City would be responsible.
Mr. Howard stated that he had visited with Mr. Barker last summer about clearing out the area around the pond so that we could restring the line. Mr. Hemphill added that as of Friday evening, nothing had been done. Mayor Nystrom asked if there was a right-of-way on this property. Mr. Hemphill commented that there was not. Mayor Nystrom questioned line loss. Mr. Hemphill stated that there would be a certain amount of resistance loss. Mr. Hemphill explained that the cabin was not a large load and neither was the house, which was not profitable for the City.
Commissioner Borho questioned if the City would be willing to do the reconnecting of the service if Mr. Barker agreed to pay to have the trees trimmed. Mr. Hemphill stated that if any wire could be reconnected, costs would be solved. Commissioner Borho questioned Mr. Barker if he would be willing to trim the trees. Mr. Barker commented that he was not in the maintenance business and that there were no provisions for that here. Mr. Barker stated that he did not feel that it was his obligation to pay for the new service. Commissioner Borho reminded Mr. Barker that this would be on his private property. Mayor Nystrom pointed out on the power point screen where he would set the meter and commented that from that point on he would hook it up. Mr. Howard added that on any other property, from the pole to the meter would be the responsibility of the property owner.
Mr. Barker commented that his folks had put electricity there. Commissioner Peltier commented that Mr. Howard had told Mr. Barker that if the trees were cleaned out, we would do the line repair. Mr. Barker stated that if he had a truck and was younger, he would do that. Commissioner Peltier asked if Mr. Barker could hire it done. Mr. Barker commented that it was the City’s maintenance problem and that two winters ago, the City had come out and taken care of the problem. Mr. Hemphill commented that he too had visited with Mr. Barker about moving the line to get it out of the trees. Mr. Barker asked about the cottonwood trees back on Bergner’s road. Mr. Hemphill stated that they had not been as much of a problem as his. Mr. Hemphill explained that Mr. Bergner’s trees were near the roadway and easier to get to. Mr. Hemphill commented that the line needs to be moved to reduce maintenance costs and that Mr. Barker had argued that the City had damaged the field, but he did not want to move the line. Commissioner Peltier asked how long it would take to do the tree work. Mr. Barker answered one day, but Mr. Hemphill thought it would be more like two or three days. Mr. Barker commented that the City had come on his property during the ice storm and trimmed trees. Commissioner Taylor explained that that was to get his power back up. Mayor Nystrom commented that we were just not out trimming trees. Commissioner Borho stated that it is up to the property owner to restore the service line and that the City does not do that.
Mr. Howard commented that trimming the trees was not the only issue, but that we need to have access. Mayor Nystrom stated that with Southern Pioneer, they set the pole at the roadway and it is the owner’s responsibility to get power. Mr. Barker commented that the pole was set and wires were up. Mayor Nystrom commented that he needed an electrician to fix it. Mr. Barker stated that it was not the electrician’s job. Mayor Nystrom explained that he meant after the meter. Mr. Barker stated that this was ahead of the meter. Mr. Hemphill commented that the City does not do work on private property. Mr. Howard added that the City does one meter and from that point on, it is the responsibility of the owner.
Commissioner Peltier asked if we would accommodate Mr. Barker if he takes care of his responsibilities. Commissioner Taylor commented that this takes us back to the earlier offer and asked if City staff would be okay with that offer. Mr. Howard stated that it had never been withdrawn. Commissioner Taylor commented that the fee to remove the trees should be nominal. Mayor Nystrom asked if we would set the transformer. Mr. Hemphill stated that we would along with some wire repairs and that there would be a meter can there also. Mr. Hemphill reminded the Commission that the work would have to pass an inspection before it could be connected.
Commissioner Borho asked Mr. Barker if he would be willing to trim the trees if the City restored the line. Mr. Barker commented if that was what it took to get electricity, he would have to. Commissioner Borho reminded Mr. Barker that this line had been abandoned on his property. Commissioner Taylor asked what it would take to get the line back into working order. Mr. Howard stated that we would need access, but that if the City abandoned this line in the 1980’s, we did just that.
Mr. Barker commented that a new service could be read at the highway and that although he had not caught the meter readers, he knows that they drive through the lawn to get a reading. Mayor Nystrom asked how they would read the new meter. Mr. Barker commented that it would be the same as before. Commissioner Peltier asked where the line was that had been abandoned. Mr. Howard showed the line on the power point and stated that we were now talking about restringing the line by doing work on private property to run a private service.
Mr. Hemphill commented that Public Works Director Russ Rambat suggested that we select a metering point that meters all of the areas in question and then we would not have to get on Mr. Barker’s property to read. Mr. Barker stated that he still did not understand and that in sixty years of progression, he had had no problems at all. Mr. Howard corrected Mr. Barker in that this may be his first visit to the Commission, but it was not the first with City employees. Mr. Hemphill stated that the City had always had a difficult time maintaining that line as it was labor intensive and problematic with the soft ground.
Mr. Hemphill commented that no matter where the line was placed, the City would still need access if repairs were needed and we are back to the point of doing maintenance on private property and doing it for free. Mr. Howard added that we had been doing this and where everybody else subsidizes the work, we never get our money back. Mr. Howard continued by explaining that if you throw in the line loss, we exceed any profit made on it. Mr. Howard commented that this goes back to when the objective was to get electricity to everyone and this was not the same world today.
Commissioner Borho pointed out the pond on the power point map and asked if the line could come off of the 5 transformer and then build it to the pond. Mr. Hemphill stated that that could be done fairly easy. Commissioner Taylor asked Mr. Barker how he was going to get electricity over to where he wants it. Mr. Barker stated that he wants it underground.
Commissioner Hlavachick asked if there were any utility easements anywhere. Mr. Howard stated that there were not and that we would be maintaining a private service. Commissioner Hlavachick commented that this was a unique situation. Mr. Howard agreed. Commissioner Peltier asked again if there was not anyone else being serviced this way. Mr. Hemphill stated that there was not and that no one else has multiple spurs without a main metering point. Commissioner Taylor asked if the house meter could be taken and put on the road. Mr. Barker commented that he had been paying a light bill since the beginning of electricity. Mr. Barker stated that you cannot compare the rural with the City. Mr. Howard agreed.
Commissioner Taylor commented that this was a mute point if Mr. Barker was not willing to cut the trees. Mr. Barker stated that he did not say he would not cut the trees. Commissioner Taylor corrected Mr. Barker in that eight or nine months ago, he did say that.
Commissioner Peltier asked Mr. Barker if he would trim the trees if he had to even though he thought it was not his obligation. Mr. Howard commented that this was not just about access and not just about trimming trees. Commissioner Taylor asked if Mr. Barker would be open to the idea of moving the meter from the house to the road. Mr. Barker stated that he was not in favor of that, because it was not his responsibility to maintain the line. Mr. Howard repeated that the line had been abandoned twenty-five years ago. Mr. Barker commented that he had been paying for a vapor light since the 1970’s and that Mr. Bill West had told him that if he would purchase the light and pay the electric, it would be maintained by the City. Mayor Nystrom stated that the City does not do that anymore.
Mayor Nystrom told Mr. Barker that there was an offer on the table if the trees were cleaned out and there was proper access. Mr. Barker asked if the electric would be put back in then. Mr. Hemphill commented that he would look at that. Mr. Barker stated that he would get the trees done. Mr. Howard commented that Mr. Barker should let Mr. Hemphill know when the work was done. Commissioner Taylor suggested that Mr. Barker may want to have Mr. Hemphill there so that the tree trimmer would know what needs to be done. Commissioner Borho asked if Mr. Barker would be hiring someone to do the work. Mr. Barker stated that he was not sure and would cross that bridge when he gets there.
Mr. Barker thanked the Commission for their time.
CONSIDERATION AND APPROVAL OF BID TO CRUSH OLD CONCRETE FOR ALLEY AND UTILITY CUT USES:
Public Works Director Russ Rambat explained to the Commission that he had gone out for bids to have someone come in and crush the stock pile of curb and gutter from the last few years. Mr. Rambat commented that the crushed concrete would be used to firm up alleys. Mr. Rambat stated that the bid from Leis Ready Mix came in at $26,500 and the bid from Stone, Sand Co. came in at $30,400. Mr. Rambat commented that this would be done on site and he would like to have them move in by mid-spring.
A motion by Commissioner Borho to award the bid to crush old concrete to Leis Ready Mix for $26,500. The motion was seconded by Commissioner Peltier. Commissioner Borho added that this was money encumbered from the 2008 Stout Street project. Commissioner Taylor asked if the concrete would stay on site. Mr. Rambat stated that it would and it would be under a locked gate. Mr. Rambat commented that this material could cost anywhere from $11 to $18 a ton, so this was really going to be a good value. Mayor Nystrom commented that this material also makes for a nice driveway. A vote on the motion was unanimous.
CONSIDERATION AND APPROVAL OF ORDINANCE CONCERNING SMOKING IN PUBLIC PLACES:
City Attorney Ken Van Blaricum commented that the Commission had asked how many states had a no smoking ordinance and he knew now that there were twenty states that have no smoking state wide and nine states that have partial bans. Mr. Van Blaricum stated that Kansas does not currently have a general or partial ban on smoking. Mayor Nystrom asked if Kansas would pass a general ban. Mr. Van Blaricum commented that the movement is underfoot in Topeka and that he was skeptical that anything was going to happen. Commissioner Borho commented that she had attended the legislative coffee and the local legislatures cannot make up their minds. Mr. Van Blaricum commented that he did not think anything would happen this year.
Mr. Van Blaricum briefly explained K.S.A. 21-4010 that states ‘No person shall smoke in a public place or at a public meeting except in designated areas’ and also K.S.A. 21-4013 that states ‘Nothing in this act shall prevent any City or County from regulating smoking within its boundaries, so long as such regulation is at least as stringent as that imposed by this act’. Mr. Van Blaricum commented that this was a way for the state to avoid taking the heat. Commissioner Borho commented that in the League News they reported that there were thirty-four cities and two counties that have adopted regulations, which covers 54% of the state’s population.
Mr. Van Blaricum returned to the discussion of the ordinance for the City of Pratt and pointed out on page three the prohibition of smoking and that it states that on and after May 1, 2009 smoking is prohibited in enclosed places. Mr. Van Blaricum pointed out subsection G (2) stating that smoking may be allowed in a restaurant or licensed premises between 10:30 p.m. and 5:00 a.m. during the time a proprietor of a restaurant or licensed premises designates a smoking area in accordance with K.S.A. 21-4009 and that this provision shall expire at midnight on January 4, 2010. Mr. Van Blaricum added that on and after January 5, 2010, smoking will not be permitted in a restaurant or licensed premises. Mr. Van Blaricum stated that everything else was the same. Commissioner Peltier asked if this included private clubs. Mr. Van Blaricum stated that it did.
The following Ordinance 0903 was then presented to the Commission for their approval: AN ORDINANCE CONCERNING SMOKING IN PUBLIC PLACES. A motion by Commissioner Peltier to adopt Ordinance 0903 for the City of Pratt. The motion was seconded by Commissioner Borho and carried unanimously.
The Commission thanked Mr. Van Blaricum for his work on this ordinance. Mr. Van Blaricum added that the Commission approved this in a short time compared to others. Commissioner Borho commented that this keeps in mind the health of individuals and workers. Mayor Nystrom commented that the County intends to follow the City on this ordinance. Commissioner Taylor asked if an ordinance from the County would affect Sawyer. Police Chief Holmes commented that Sawyer has its own City Council. City Manager Howard questioned if the County ordinance would affect the City or have jurisdiction over the City. Mr. Van Blaricum commented that he did not think so. Mr. Howard commented that this would affect the Country Club. Mr. Van Blaricum stated that it would.
REPORTS:
Legislative meeting:
City Manager Dave Howard commented that the legislatures had answered questions at a meeting Saturday and that he would be watching the net metering bill that would remove Cities from being able to do any wind power. Mr. Howard stated that KMU had been lobbying.
Public Works:
· Street Department - Public Works Director Russ Rambat stated that the street department had been working on crack sealing.
· Water Department – Mr. Rambat commented that the water department had been fixing up well houses and that they were getting ready for the state inspection.
· Cemetery Department – Mr. Rambat explained that the cemetery board would be meeting tomorrow and they would discuss getting the directory up and running. Mayor Nystrom questioned if it would be done by Memorial Day. Mr. Rambat commented that it should be ready by then.
· Curb & Gutter Project – Mr. Rambat informed the Commission that he had been walking streets measuring up for the curb and gutter project, but that the project would not start until it is okay to spend the money. Mayor Nystrom asked about his game plan for the project. Mr. Rambat commented that he would be hitting Fifth Street pretty hard and that meant a lot of brick work again this year. Mr. Rambat added that downtown by the Courthouse was also on the list. Commissioner Peltier asked about the area by the hospital. Mr. Howard asked if he was talking about the handicap area by the pool. Commissioner Peltier stated that he was. Mr. Rambat stated that was on his list along with areas by the Municipal Building.
Electric Department:
· Line Distribution – Director of Electric Utilities Kelly Hemphill commented that a few employees from the distribution crew had gone to school in Garden City. Mr. Hemphill also informed the Commission that the line distribution crew were continuing to work on the area behind Dollar General and Sonic and should be prepared for any bad weather.
· Trip to Topeka – Mr. Hemphill commented that he would be going to Topeka on Wednesday to resolve issues with the state branch of FEMA. Mr. Hemphill added that we may not get much from the state, but look to get 85% from the federal government. Commissioner Borho asked who would be going with him to Topeka. Mr. Hemphill commented that Mr. Jamie Huber would also be attending and that an engineer from Sterling would be representing us. City Manager Howard commended Mr. Hemphill for the way he had dealt with FEMA. Mr. Hemphill commented that there had been a lot of obstacles. Finance Director Diana Garten commented that you start out with one set of people and then you get another set of people and then a third, so it made it difficult. Mr. Howard commented that they do what they can not to pay you.
· Power Plant – Mr. Hemphill stated that the plant personnel had been working on maintenance and creating valve units and gathering quotes for removal of the tower. Mr. Hemphill commented that they are also completing a class study required by KDHE.
· Cylinder heads – Commissioner Borho asked about the cylinder heads from Fairbanks Morse. Mr. Hemphill stated that five were on the floor at Fairbanks Morse and that they were installing studs and those heads were of the serial number beyond 2600. Mr. Hemphill added that he did not have a ship date. Mr. Hemphill commented that he felt that Fairbanks Morse was not in a spot where they could get them any faster. Commissioner Borho asked if the other four heads were still in France. Mr. Hemphill stated that they were.
· Cooling tower demo – Power Plant Superintendent Ernie Smith informed the Commission that he had been getting estimates for the demolition of the cooling tower. Mr. Smith commented that one company had torn down a tower in Wellington, but that some companies will only tear down the tower if they are going to get to build the new one. Mr. Smith explained that one bid had come back to remove the tower and it did not look very favorable. Mr. Smith added that they had discussed salvaging part of the tower, but he was not sure the salvage in their bid was favorable.
· Generation test – Mr. Smith commented that the plant had been getting ready to test the co-generation in case we need it and making sure the values are in line. City Manager Howard questioned if we had not run it in the past couple of weeks. Mr. Smith stated that they had run the diesel to meet EMP requirements.
2009 State Budget Cut Proposals:
Finance Director Diana Garten commented that the House and Senate had gotten together and came up with a 2009 budget cut proposal and it was not what we had hoped for. Ms. Garten stated that the M & E slider would have a portion sent out in March and then again in June if the revenues come in. Ms. Garten explained that the City/County highway funds were going to be cut and we are going to have to wait to see how that impacts us due to twenty counties not being treated fairly in the past. Ms. Garten commented that those counties may have that made up to them first, so we may be cut more than anticipated. Ms. Garten stated that because this deals with the budget, the Governor could line item veto that and if she does, that will impact what they do in 2010. Police Chief Holmes commented that he had heard on the news that due to the cash flow problems, Kansas Income Tax Refunds could be suspended, but things change from day to day.
Humane Society billings:
City Clerk LuAnn Kramer informed the Commission that she would have the billings for the Humane Society’s new location for them to review. Ms. Kramer reminded them that they had been put as a ‘no charge’ account for a few months and so the Commission could review their usage and their current agreement.
Legislative Coffee:
Commissioner Borho commented that the legislative coffee had been well attended. Commissioner Borho stated that the State Representative and Senator did not paint a pretty picture for 2010. Commissioner Borho added that she was glad that the City had its act together.
Commissioner Hlavachick commented that he had attended a lot of the legislative coffees and that this one was well attended.
ADJOURN:
A motion by Commissioner Borho to adjourn the regular meeting. The motion was seconded by Commissioner Hlavachick and carried unanimously.
_______________________________________
ERIC NYSTROM, Mayor
(SEAL)
ATTEST:
_____________________________________
LUANN KRAMER, City Clerk
FEBRUARY 16, 2009
The Governing Body of the City of Pratt met in Regular session in the Commission Room located in City Hall.
PRESENT: Eric Nystrom Mayor
Glenna Borho Commissioner
Jeff Taylor Commissioner
Bill Hlavachick Commissioner
Willy Peltier Commissioner
ALSO PRESENT: Dave Howard City Manager
LuAnn Kramer City Clerk
Ken Van Blaricum City Attorney
Diana Garten Finance Director
Steve Holmes Chief of Police
Russ Rambat Public Works Director
Kelly Hemphill Director of Electric Utilities
CALL TO ORDER:
Mayor Nystrom called the regular session to order. The Mayor instructed the Clerk to note that all Commissioners were present.
MINUTES:
A motion by Commissioner Taylor to approve the minutes of the February 02, 2009 recessed Commission meeting with the County and the minutes of the February 02, 2009 regular Commission meeting. The motion was seconded by Commissioner Hlavachick and carried unanimously.
Mayor Nystrom reminded the audience and staff that the meeting may be taped and/or recorded.
OPEN AGENDA:
No one in the audience wished to address the Commission.
BUSINESS:
DISCUSSION WITH COMMISSIONERS:
Mr. Loren Barker, rural resident of Pratt, thanked the Commission for taking time to listen to his concerns. Mr. Barker commented that he would like to request electric by the pond on his property so that he could place a 5th wheel camper in that area. Mr. Barker stated that there had been electric there in the 1980’s, but was now an abandoned camp ground and the road was closed. Mr. Barker commented that he had visited with Commissioner Taylor and he had suggested visiting with the other Commissioners. Commissioner Borho asked how close the nearest pole was to the pond. Mr. Barker answered that there was a utility line right there in the early 1980’s. Commissioner Borho asked if the line was still serviceable. Mr. Barker stated that he thought it was.
City Manager Dave Howard and Director of Electric Utilities Kelly Hemphill provided the Commission with a power point that pointed out the service lines, residence and pond. Mr. Hemphill advised the Commission that the area in question had become overgrown and needed to be cleaned out. Commissioner Borho questioned if it would take a new transformer and line to get electric to the pond. Mr. Hemphill commented that there was no transformer there and twenty percent of the lines would need to be replaced. Mr. Hemphill stated that the labor and materials would not be terrible, but the labor to remove the debris would be. Mr. Howard informed the Commission that he had refused to do this job and that he had visited with Mr. Barker about the City setting the pole with a meter, but that the rest was the responsibility of the property owner. Mayor Nystrom asked where this line would be metered. Mr. Hemphill stated that it would be at the house. Commissioner Peltier asked if all he wanted was to be reconnected. Mr. Hemphill stated that to do that the City would need a new transformer and a meter set. Mr. Barker stated that all he wanted was to make it like it was before. Mr. Hemphill commented that to do any of that would require the property owner to trim the trees.
Commissioner Borho asked what the City’s past policy was on something like this. Mr. Howard explained the current procedure and that in the 1980’s the City would have had no problem doing what was being requested by Mr. Barker. Mr. Barker commented that during the ice storm, the City had come out to trim the trees and had gotten stuck on his property. Mr. Barker added that he had had an agreement for years. Mr. Howard explained by power point what serves Mr. Barker’s property and showed that no one else is served by it. Commissioner Peltier asked about the cost to do what Mr. Barker was asking. Mr. Hemphill stated that it would take three to four days a week to trim the trees and one week to repair the line. Commissioner Peltier asked who would be responsible for the expenses. Mr. Hemphill stated that the City would be responsible.
Mr. Howard stated that he had visited with Mr. Barker last summer about clearing out the area around the pond so that we could restring the line. Mr. Hemphill added that as of Friday evening, nothing had been done. Mayor Nystrom asked if there was a right-of-way on this property. Mr. Hemphill commented that there was not. Mayor Nystrom questioned line loss. Mr. Hemphill stated that there would be a certain amount of resistance loss. Mr. Hemphill explained that the cabin was not a large load and neither was the house, which was not profitable for the City.
Commissioner Borho questioned if the City would be willing to do the reconnecting of the service if Mr. Barker agreed to pay to have the trees trimmed. Mr. Hemphill stated that if any wire could be reconnected, costs would be solved. Commissioner Borho questioned Mr. Barker if he would be willing to trim the trees. Mr. Barker commented that he was not in the maintenance business and that there were no provisions for that here. Mr. Barker stated that he did not feel that it was his obligation to pay for the new service. Commissioner Borho reminded Mr. Barker that this would be on his private property. Mayor Nystrom pointed out on the power point screen where he would set the meter and commented that from that point on he would hook it up. Mr. Howard added that on any other property, from the pole to the meter would be the responsibility of the property owner.
Mr. Barker commented that his folks had put electricity there. Commissioner Peltier commented that Mr. Howard had told Mr. Barker that if the trees were cleaned out, we would do the line repair. Mr. Barker stated that if he had a truck and was younger, he would do that. Commissioner Peltier asked if Mr. Barker could hire it done. Mr. Barker commented that it was the City’s maintenance problem and that two winters ago, the City had come out and taken care of the problem. Mr. Hemphill commented that he too had visited with Mr. Barker about moving the line to get it out of the trees. Mr. Barker asked about the cottonwood trees back on Bergner’s road. Mr. Hemphill stated that they had not been as much of a problem as his. Mr. Hemphill explained that Mr. Bergner’s trees were near the roadway and easier to get to. Mr. Hemphill commented that the line needs to be moved to reduce maintenance costs and that Mr. Barker had argued that the City had damaged the field, but he did not want to move the line. Commissioner Peltier asked how long it would take to do the tree work. Mr. Barker answered one day, but Mr. Hemphill thought it would be more like two or three days. Mr. Barker commented that the City had come on his property during the ice storm and trimmed trees. Commissioner Taylor explained that that was to get his power back up. Mayor Nystrom commented that we were just not out trimming trees. Commissioner Borho stated that it is up to the property owner to restore the service line and that the City does not do that.
Mr. Howard commented that trimming the trees was not the only issue, but that we need to have access. Mayor Nystrom stated that with Southern Pioneer, they set the pole at the roadway and it is the owner’s responsibility to get power. Mr. Barker commented that the pole was set and wires were up. Mayor Nystrom commented that he needed an electrician to fix it. Mr. Barker stated that it was not the electrician’s job. Mayor Nystrom explained that he meant after the meter. Mr. Barker stated that this was ahead of the meter. Mr. Hemphill commented that the City does not do work on private property. Mr. Howard added that the City does one meter and from that point on, it is the responsibility of the owner.
Commissioner Peltier asked if we would accommodate Mr. Barker if he takes care of his responsibilities. Commissioner Taylor commented that this takes us back to the earlier offer and asked if City staff would be okay with that offer. Mr. Howard stated that it had never been withdrawn. Commissioner Taylor commented that the fee to remove the trees should be nominal. Mayor Nystrom asked if we would set the transformer. Mr. Hemphill stated that we would along with some wire repairs and that there would be a meter can there also. Mr. Hemphill reminded the Commission that the work would have to pass an inspection before it could be connected.
Commissioner Borho asked Mr. Barker if he would be willing to trim the trees if the City restored the line. Mr. Barker commented if that was what it took to get electricity, he would have to. Commissioner Borho reminded Mr. Barker that this line had been abandoned on his property. Commissioner Taylor asked what it would take to get the line back into working order. Mr. Howard stated that we would need access, but that if the City abandoned this line in the 1980’s, we did just that.
Mr. Barker commented that a new service could be read at the highway and that although he had not caught the meter readers, he knows that they drive through the lawn to get a reading. Mayor Nystrom asked how they would read the new meter. Mr. Barker commented that it would be the same as before. Commissioner Peltier asked where the line was that had been abandoned. Mr. Howard showed the line on the power point and stated that we were now talking about restringing the line by doing work on private property to run a private service.
Mr. Hemphill commented that Public Works Director Russ Rambat suggested that we select a metering point that meters all of the areas in question and then we would not have to get on Mr. Barker’s property to read. Mr. Barker stated that he still did not understand and that in sixty years of progression, he had had no problems at all. Mr. Howard corrected Mr. Barker in that this may be his first visit to the Commission, but it was not the first with City employees. Mr. Hemphill stated that the City had always had a difficult time maintaining that line as it was labor intensive and problematic with the soft ground.
Mr. Hemphill commented that no matter where the line was placed, the City would still need access if repairs were needed and we are back to the point of doing maintenance on private property and doing it for free. Mr. Howard added that we had been doing this and where everybody else subsidizes the work, we never get our money back. Mr. Howard continued by explaining that if you throw in the line loss, we exceed any profit made on it. Mr. Howard commented that this goes back to when the objective was to get electricity to everyone and this was not the same world today.
Commissioner Borho pointed out the pond on the power point map and asked if the line could come off of the 5 transformer and then build it to the pond. Mr. Hemphill stated that that could be done fairly easy. Commissioner Taylor asked Mr. Barker how he was going to get electricity over to where he wants it. Mr. Barker stated that he wants it underground.
Commissioner Hlavachick asked if there were any utility easements anywhere. Mr. Howard stated that there were not and that we would be maintaining a private service. Commissioner Hlavachick commented that this was a unique situation. Mr. Howard agreed. Commissioner Peltier asked again if there was not anyone else being serviced this way. Mr. Hemphill stated that there was not and that no one else has multiple spurs without a main metering point. Commissioner Taylor asked if the house meter could be taken and put on the road. Mr. Barker commented that he had been paying a light bill since the beginning of electricity. Mr. Barker stated that you cannot compare the rural with the City. Mr. Howard agreed.
Commissioner Taylor commented that this was a mute point if Mr. Barker was not willing to cut the trees. Mr. Barker stated that he did not say he would not cut the trees. Commissioner Taylor corrected Mr. Barker in that eight or nine months ago, he did say that.
Commissioner Peltier asked Mr. Barker if he would trim the trees if he had to even though he thought it was not his obligation. Mr. Howard commented that this was not just about access and not just about trimming trees. Commissioner Taylor asked if Mr. Barker would be open to the idea of moving the meter from the house to the road. Mr. Barker stated that he was not in favor of that, because it was not his responsibility to maintain the line. Mr. Howard repeated that the line had been abandoned twenty-five years ago. Mr. Barker commented that he had been paying for a vapor light since the 1970’s and that Mr. Bill West had told him that if he would purchase the light and pay the electric, it would be maintained by the City. Mayor Nystrom stated that the City does not do that anymore.
Mayor Nystrom told Mr. Barker that there was an offer on the table if the trees were cleaned out and there was proper access. Mr. Barker asked if the electric would be put back in then. Mr. Hemphill commented that he would look at that. Mr. Barker stated that he would get the trees done. Mr. Howard commented that Mr. Barker should let Mr. Hemphill know when the work was done. Commissioner Taylor suggested that Mr. Barker may want to have Mr. Hemphill there so that the tree trimmer would know what needs to be done. Commissioner Borho asked if Mr. Barker would be hiring someone to do the work. Mr. Barker stated that he was not sure and would cross that bridge when he gets there.
Mr. Barker thanked the Commission for their time.
CONSIDERATION AND APPROVAL OF BID TO CRUSH OLD CONCRETE FOR ALLEY AND UTILITY CUT USES:
Public Works Director Russ Rambat explained to the Commission that he had gone out for bids to have someone come in and crush the stock pile of curb and gutter from the last few years. Mr. Rambat commented that the crushed concrete would be used to firm up alleys. Mr. Rambat stated that the bid from Leis Ready Mix came in at $26,500 and the bid from Stone, Sand Co. came in at $30,400. Mr. Rambat commented that this would be done on site and he would like to have them move in by mid-spring.
A motion by Commissioner Borho to award the bid to crush old concrete to Leis Ready Mix for $26,500. The motion was seconded by Commissioner Peltier. Commissioner Borho added that this was money encumbered from the 2008 Stout Street project. Commissioner Taylor asked if the concrete would stay on site. Mr. Rambat stated that it would and it would be under a locked gate. Mr. Rambat commented that this material could cost anywhere from $11 to $18 a ton, so this was really going to be a good value. Mayor Nystrom commented that this material also makes for a nice driveway. A vote on the motion was unanimous.
CONSIDERATION AND APPROVAL OF ORDINANCE CONCERNING SMOKING IN PUBLIC PLACES:
City Attorney Ken Van Blaricum commented that the Commission had asked how many states had a no smoking ordinance and he knew now that there were twenty states that have no smoking state wide and nine states that have partial bans. Mr. Van Blaricum stated that Kansas does not currently have a general or partial ban on smoking. Mayor Nystrom asked if Kansas would pass a general ban. Mr. Van Blaricum commented that the movement is underfoot in Topeka and that he was skeptical that anything was going to happen. Commissioner Borho commented that she had attended the legislative coffee and the local legislatures cannot make up their minds. Mr. Van Blaricum commented that he did not think anything would happen this year.
Mr. Van Blaricum briefly explained K.S.A. 21-4010 that states ‘No person shall smoke in a public place or at a public meeting except in designated areas’ and also K.S.A. 21-4013 that states ‘Nothing in this act shall prevent any City or County from regulating smoking within its boundaries, so long as such regulation is at least as stringent as that imposed by this act’. Mr. Van Blaricum commented that this was a way for the state to avoid taking the heat. Commissioner Borho commented that in the League News they reported that there were thirty-four cities and two counties that have adopted regulations, which covers 54% of the state’s population.
Mr. Van Blaricum returned to the discussion of the ordinance for the City of Pratt and pointed out on page three the prohibition of smoking and that it states that on and after May 1, 2009 smoking is prohibited in enclosed places. Mr. Van Blaricum pointed out subsection G (2) stating that smoking may be allowed in a restaurant or licensed premises between 10:30 p.m. and 5:00 a.m. during the time a proprietor of a restaurant or licensed premises designates a smoking area in accordance with K.S.A. 21-4009 and that this provision shall expire at midnight on January 4, 2010. Mr. Van Blaricum added that on and after January 5, 2010, smoking will not be permitted in a restaurant or licensed premises. Mr. Van Blaricum stated that everything else was the same. Commissioner Peltier asked if this included private clubs. Mr. Van Blaricum stated that it did.
The following Ordinance 0903 was then presented to the Commission for their approval: AN ORDINANCE CONCERNING SMOKING IN PUBLIC PLACES. A motion by Commissioner Peltier to adopt Ordinance 0903 for the City of Pratt. The motion was seconded by Commissioner Borho and carried unanimously.
The Commission thanked Mr. Van Blaricum for his work on this ordinance. Mr. Van Blaricum added that the Commission approved this in a short time compared to others. Commissioner Borho commented that this keeps in mind the health of individuals and workers. Mayor Nystrom commented that the County intends to follow the City on this ordinance. Commissioner Taylor asked if an ordinance from the County would affect Sawyer. Police Chief Holmes commented that Sawyer has its own City Council. City Manager Howard questioned if the County ordinance would affect the City or have jurisdiction over the City. Mr. Van Blaricum commented that he did not think so. Mr. Howard commented that this would affect the Country Club. Mr. Van Blaricum stated that it would.
REPORTS:
Legislative meeting:
City Manager Dave Howard commented that the legislatures had answered questions at a meeting Saturday and that he would be watching the net metering bill that would remove Cities from being able to do any wind power. Mr. Howard stated that KMU had been lobbying.
Public Works:
· Street Department - Public Works Director Russ Rambat stated that the street department had been working on crack sealing.
· Water Department – Mr. Rambat commented that the water department had been fixing up well houses and that they were getting ready for the state inspection.
· Cemetery Department – Mr. Rambat explained that the cemetery board would be meeting tomorrow and they would discuss getting the directory up and running. Mayor Nystrom questioned if it would be done by Memorial Day. Mr. Rambat commented that it should be ready by then.
· Curb & Gutter Project – Mr. Rambat informed the Commission that he had been walking streets measuring up for the curb and gutter project, but that the project would not start until it is okay to spend the money. Mayor Nystrom asked about his game plan for the project. Mr. Rambat commented that he would be hitting Fifth Street pretty hard and that meant a lot of brick work again this year. Mr. Rambat added that downtown by the Courthouse was also on the list. Commissioner Peltier asked about the area by the hospital. Mr. Howard asked if he was talking about the handicap area by the pool. Commissioner Peltier stated that he was. Mr. Rambat stated that was on his list along with areas by the Municipal Building.
Electric Department:
· Line Distribution – Director of Electric Utilities Kelly Hemphill commented that a few employees from the distribution crew had gone to school in Garden City. Mr. Hemphill also informed the Commission that the line distribution crew were continuing to work on the area behind Dollar General and Sonic and should be prepared for any bad weather.
· Trip to Topeka – Mr. Hemphill commented that he would be going to Topeka on Wednesday to resolve issues with the state branch of FEMA. Mr. Hemphill added that we may not get much from the state, but look to get 85% from the federal government. Commissioner Borho asked who would be going with him to Topeka. Mr. Hemphill commented that Mr. Jamie Huber would also be attending and that an engineer from Sterling would be representing us. City Manager Howard commended Mr. Hemphill for the way he had dealt with FEMA. Mr. Hemphill commented that there had been a lot of obstacles. Finance Director Diana Garten commented that you start out with one set of people and then you get another set of people and then a third, so it made it difficult. Mr. Howard commented that they do what they can not to pay you.
· Power Plant – Mr. Hemphill stated that the plant personnel had been working on maintenance and creating valve units and gathering quotes for removal of the tower. Mr. Hemphill commented that they are also completing a class study required by KDHE.
· Cylinder heads – Commissioner Borho asked about the cylinder heads from Fairbanks Morse. Mr. Hemphill stated that five were on the floor at Fairbanks Morse and that they were installing studs and those heads were of the serial number beyond 2600. Mr. Hemphill added that he did not have a ship date. Mr. Hemphill commented that he felt that Fairbanks Morse was not in a spot where they could get them any faster. Commissioner Borho asked if the other four heads were still in France. Mr. Hemphill stated that they were.
· Cooling tower demo – Power Plant Superintendent Ernie Smith informed the Commission that he had been getting estimates for the demolition of the cooling tower. Mr. Smith commented that one company had torn down a tower in Wellington, but that some companies will only tear down the tower if they are going to get to build the new one. Mr. Smith explained that one bid had come back to remove the tower and it did not look very favorable. Mr. Smith added that they had discussed salvaging part of the tower, but he was not sure the salvage in their bid was favorable.
· Generation test – Mr. Smith commented that the plant had been getting ready to test the co-generation in case we need it and making sure the values are in line. City Manager Howard questioned if we had not run it in the past couple of weeks. Mr. Smith stated that they had run the diesel to meet EMP requirements.
2009 State Budget Cut Proposals:
Finance Director Diana Garten commented that the House and Senate had gotten together and came up with a 2009 budget cut proposal and it was not what we had hoped for. Ms. Garten stated that the M & E slider would have a portion sent out in March and then again in June if the revenues come in. Ms. Garten explained that the City/County highway funds were going to be cut and we are going to have to wait to see how that impacts us due to twenty counties not being treated fairly in the past. Ms. Garten commented that those counties may have that made up to them first, so we may be cut more than anticipated. Ms. Garten stated that because this deals with the budget, the Governor could line item veto that and if she does, that will impact what they do in 2010. Police Chief Holmes commented that he had heard on the news that due to the cash flow problems, Kansas Income Tax Refunds could be suspended, but things change from day to day.
Humane Society billings:
City Clerk LuAnn Kramer informed the Commission that she would have the billings for the Humane Society’s new location for them to review. Ms. Kramer reminded them that they had been put as a ‘no charge’ account for a few months and so the Commission could review their usage and their current agreement.
Legislative Coffee:
Commissioner Borho commented that the legislative coffee had been well attended. Commissioner Borho stated that the State Representative and Senator did not paint a pretty picture for 2010. Commissioner Borho added that she was glad that the City had its act together.
Commissioner Hlavachick commented that he had attended a lot of the legislative coffees and that this one was well attended.
ADJOURN:
A motion by Commissioner Borho to adjourn the regular meeting. The motion was seconded by Commissioner Hlavachick and carried unanimously.
_______________________________________
ERIC NYSTROM, Mayor
(SEAL)
ATTEST:
_____________________________________
LUANN KRAMER, City Clerk
Monday, March 2, 2009
3/2/09 Amended City Commission Meeting Agenda
-------AMENDED AGENDA-------
MONDAY
MARCH 02, 2009
PRATT CITY COMMISSION – REGULAR COMMISSION MEETING
COMMISSION ROOM – 5:00 P.M.
1. CALL TO ORDER (Remind audience that meeting is being recorded and/or taped)
2. ROLL CALL
3. MINUTES – February 16, 2009 Regular Commission Meeting
4. OPEN AGENDA
5. BUSINESS:
5.1 Consideration and Approval for the Pratt Area Humane Society to Use the old J.C. Food’s Building for a Garage Sale in June – Mayor, Commission and Staff
5.2 Discussion on Progress being made on Fire Station Project – David Kramer, Fire Chief
5.3 Consideration and Approval of Resolution 021609 Confirming Support of the Regional Strategic Plan – Brian Hoffman, Chamber Director
5.4 Consideration and Approval of Bids for Demolition of the Cooling Tower and Asbestos Removal and Disposal – Kelly Hemphill, Dir. of Electric Utilities; Ernie Smith, Power Plant Superintendent
5.5 Discussion on the Utility Usage for the Pratt Area Humane Society and the Current Agreement between the City and the Humane Society – Mayor, Commission and Staff
5.6 Consideration and Approval of KDOT Documents – Russ Rambat, Public Works Director
· Cancelation Agreement
· Agreement 53-09
5.7 Consideration and Approval for American Recovery and Reinvestment Act of 2009 Projects Application – Dave Howard, City Manager; Russ Rambat, Public Works Director
6. REPORTS:
6.1 City Manager
6.2 City Attorney
6.3 Department Heads
6.4 Mayor
6.5 City Commission
7. ADJOURN
MONDAY
MARCH 02, 2009
PRATT CITY COMMISSION – REGULAR COMMISSION MEETING
COMMISSION ROOM – 5:00 P.M.
1. CALL TO ORDER (Remind audience that meeting is being recorded and/or taped)
2. ROLL CALL
3. MINUTES – February 16, 2009 Regular Commission Meeting
4. OPEN AGENDA
5. BUSINESS:
5.1 Consideration and Approval for the Pratt Area Humane Society to Use the old J.C. Food’s Building for a Garage Sale in June – Mayor, Commission and Staff
5.2 Discussion on Progress being made on Fire Station Project – David Kramer, Fire Chief
5.3 Consideration and Approval of Resolution 021609 Confirming Support of the Regional Strategic Plan – Brian Hoffman, Chamber Director
5.4 Consideration and Approval of Bids for Demolition of the Cooling Tower and Asbestos Removal and Disposal – Kelly Hemphill, Dir. of Electric Utilities; Ernie Smith, Power Plant Superintendent
5.5 Discussion on the Utility Usage for the Pratt Area Humane Society and the Current Agreement between the City and the Humane Society – Mayor, Commission and Staff
5.6 Consideration and Approval of KDOT Documents – Russ Rambat, Public Works Director
· Cancelation Agreement
· Agreement 53-09
5.7 Consideration and Approval for American Recovery and Reinvestment Act of 2009 Projects Application – Dave Howard, City Manager; Russ Rambat, Public Works Director
6. REPORTS:
6.1 City Manager
6.2 City Attorney
6.3 Department Heads
6.4 Mayor
6.5 City Commission
7. ADJOURN
3/2/09 City Commission Agenda
MONDAY
MARCH 02, 2009
PRATT CITY COMMISSION – REGULAR COMMISSION MEETING
COMMISSION ROOM – 5:00 P.M.
1. CALL TO ORDER (Remind audience that meeting is being recorded and/or taped)
2. ROLL CALL
3. MINUTES – February 16, 2009 Regular Commission Meeting
4. OPEN AGENDA
5. BUSINESS:
5.1 Consideration and Approval for the Pratt Area Humane Society to Use the old J.C. Food’s Building for a Garage Sale in June – Mayor, Commission and Staff
5.2 Discussion on Progress being made on Fire Station Project – David Kramer, Fire Chief
5.3 Consideration and Approval of Resolution 021609 Confirming Support of the Regional Strategic Plan – Brian Hoffman, Chamber Director
5.4 Consideration and Approval of Bids for Demolition of the Cooling Tower and Asbestos Removal and Disposal – Kelly Hemphill, Dir. of Electric Utilities; Ernie Smith, Power Plant Superintendent
5.5 Discussion on the Utility Usage for the Pratt Area Humane Society and the Current Agreement between the City and the Humane Society – Mayor, Commission and Staff
5.6 Consideration and Approval of KDOT Documents – Russ Rambat, Public Works Director
· Cancelation Agreement
· Agreement 53-09
6. REPORTS:
6.1 City Manager
6.2 City Attorney
6.3 Department Heads
6.4 Mayor
6.5 City Commission
7. ADJOURN
Tuesday, February 17, 2009
02/02/09 Regular Comm. meeting minutes
MONDAY
FEBRUARY 02, 2009
The Governing Body of the City of Pratt met in Regular session in the Commission Room located in City Hall.
PRESENT: Eric Nystrom Mayor
Glenna Borho Commissioner
Jeff Taylor Commissioner
Bill Hlavachick Commissioner
Willy Peltier Commissioner
ALSO PRESENT: Dave Howard City Manager
LuAnn Kramer City Clerk
Ken Van Blaricum City Attorney
Diana Garten Finance Director
Steve Holmes Chief of Police
Russ Rambat Public Works Director
Bruce Pinkall Recreation Director
CALL TO ORDER:
Mayor Nystrom called the regular session to order. The Mayor instructed the Clerk to note that all Commissioners were present with the exception of Commissioner Peltier.
MINUTES:
A motion by Commissioner Borho to approve the minutes of the January 19, 2009 regular Commission meeting. The motion was seconded by Commissioner Taylor and carried unanimously.
OPEN AGENDA:
Request to vacate :
Mr. Richard McDiffett, 524 Logan, addressed the Commission on a vacation of Taylor Street between Simpson and New Streets. Commissioner Borho asked why Mr. McDiffett wanted this. Mr. McDiffett stated that he had been maintaining the area for twenty-two years. (Commissioner Peltier arrived at 5:05 p.m.) Mr. McDiffett continued to explain that he had cleaned up the area and kept it mowed along with the neighbors keeping the area around their property clean. Mr. McDiffett added that the street easement was 65’ wide and City easements were 80’ wide so if the City would want to develop the street, they would need an additional 15’. Commissioner Taylor asked who owned the property to the north. Mr. McDiffett stated that Mr. Rod Siedel owned that property. Commissioner Hlavachick asked if it had ever been a road. City Manager Howard commented that it had not and that the north half of the property would go to the north property owners and the southern half would go to those property owners that border the property. Mr. McDiffett stated that Kansas Statute 12-506 states that streets that are vacated shall revert to the owners of the property immediately abutting the land; therefore, the area not platted to the north of Logan Street would go to the owners of the property to the north. Commissioner Peltier commented that the down side of vacating Simpson Street would be that it would not be able to be expanded for development in the future. Commissioner Borho commented that that was a fair assessment.
Mr. Howard commented that there was a plat in the early stages and it would not need Simpson Street to go to the west. Commissioner Borho asked if the property to the north had ever been annexed into the City. Mr. Howard stated that it had not and that the only City utility would be electric.
Mayor Nystrom questioned if he and Commissioner Peltier should abstain from this discussion since they both own property next to the proposal. City Attorney Van Blaricum stated that this was a complex issue and that it should go before the Planning & Zoning Commission with something in writing for an application of vacation. Mr. Van Blaricum commented that if it gets to that point, it could be a conflict. Mayor Nystrom questioned if they should have input now. Mr. Van Blaricum stated that it was a mute point right now and they should wait and see what the Zoning Commission decides. Mr. Van Blaricum added that they should not vote on this question. Mayor Nystrom clarified that no vote, no input. Mr. Van Blaricum stated yes.
Mr. Howard commented that he had visited with a party involved last Friday and the reason they are here was to see if the Commissioners would consider vacating that property before they went to the expense of surveying, etc. Commissioner Borho commented that it was right on the City County line and that this subject was usually pursued through the Zoning Commissioner and they make a recommendation. Commissioner Taylor asked if anyone was paying property taxes. Mr. Howard commented that the property was owned by the City so no property taxes were being paid. Commissioner Hlavachick asked if the City would maintain the utility easement. Mr. Howard stated that we would. Commissioner Hlavachick commented that he recommended that it come through the Planning and Zoning Commission also. Mr. McDiffett commented that he had closed Mound Street a few years ago through this group. Mr. Howard stated that the plat was in the early stages and that, in the end, we would feel better having it vacated on the recommendation of the Planning and Zoning Commission. Mr. McDiffett commented that he was confused a little as he got one street vacated and now he cannot, even with the landowners being in favor.
Mr. Rod Siedel addressed the Commission and let them know that he had purchased the property north from the Doskocil Estate and his dream was to someday develop it. Mr. Siedel commented that he had cleaned up the sand pit that had become a dump for anyone that could sneak in. Mr. Siedel stated that he had visited with Mr. Blake Himmelwright and he was in total agreement with the development. Mr. Siedel commented that he had planned on coming before the Commission in a few weeks with the plans and he wants to make it good for the City. City Manager Howard commented that he had visited with Mr. Siedel and informed him that utilities would not be extended unless the property was annexed, but they only want electric. Mr. Howard added that they would like the okay to go ahead before spending a lot of money, because if they do not have any electric, there would be no plat. Commissioner Borho questioned how they would access the development. Mr. Siedel stated that there could be a couple of different ways and one being that you stay on Simpson Street behind 516 Logan and bring the access through the right-of-way to where Mound Street used to be and close the rest of Simpson Street. Mr. Siedel explained that the other way would be to access from Taylor Street and go straight north.
Mr. Howard commented that the plat would be by Mr. Himmelwright and Mr. Siedel and that the decision now would be whether we allow electrical utilities. Commissioner Borho questioned if they want the vacation no matter what the access. Mr. Siedel stated that he did. Commissioner Borho commented that she would like to see this researched by the Planning and Zoning attorney and that the Commission was pro-development wanting to see Pratt grow and, if by a private developer, that was all the better. The Commission and City Manager clarified that this would be brought before the Planning and Zoning Commission at their next meeting and the City Commission would review upon the Zoning Commissions recommendation.
BUSINESS:
PRESENTATION OF ‘JOE WYNN VOLUNTEER AWARD’ FOR 2007 TO THE PRATT ROTARY CLUB:
Mayor Nystrom presented the Joe Wynn Volunteer Award for 2007 to Mr. Don Belden, representative for the Pratt Rotary Club. Mayor Nystrom explained that the Pratt Rotary Club was nominated for their work on the nature trail and other volunteer work they do in Pratt.
CONSIDERATION AND APPROVAL OF ORDINANCE AMENDING ZONING CLASSIFICATION:
City Attorney Ken Van Blaricum stated the property involved in the zoning change was across from Zerger Park on First Street. Mr. Van Blaricum commented that the Epp brothers had filed an application with the Planning and Zoning Commission with the request to go from residential to highway service district. Mr. Van Blaricum explained that the Planning and Zoning Commission has voted unanimously to do that. Commissioner Taylor asked if it was any more than the three houses. City Manager Howard stated that it was the three houses and six lots behind to Blaine Street. Mr. Howard added that there had been a public hearing as required.
The following Ordinance 0902 was then presented to the Commission for their approval: AN ORDINANCE AMENDING THE ZONING CLASSIFICATION OR DISTRICT OF LOTS ONE (1), TWO (2), THREE (3), FOUR (4), FIVE (5) AND SIX (6), IN BLOCK SIX (6) OF SIMPSON’S SUBDIVISION OF BLOCK 25 IN SIMPSON’S SECOND ADDITION TO THE CITY OF PRATT, PRATT COUNTY, KANSAS UNDER THE AUTHORITY GRANTED IN THE ZONING AND SUBDIVISION REGULATIONS OF THE CITY OF PRATT, KANSAS, AS INCORPORATED IN THE CODE OF THE CITY OF PRATT, KANSAS. A motion by Commissioner Borho to accept the recommendation from the Planning and Zoning Commission to change the zoning classifications as listed in Ordinance 0902. Commissioner Hlavachick questioned if Mr. Jim Hays was in favor of this. Mr. Van Blaricum stated that if they were signed in, they were opposed. Mr. Van Blaricum commented that Mr. Hays lived in the house to the west and he felt that the possibility of a business going there would be detrimental to his property. Mr. Van Blaricum added that the people that live across the street to the east from the first lot felt that it would also be detrimental to their property for the same reason. Commissioner Taylor stated that he was uncomfortable with this situation and that you do not want to put a business in the middle of residential property. Mr. Van Blaricum commented that there was good discussion both ways. Commissioner Hlavachick commented that it passed in the meeting with a three to one vote. Commissioner Peltier seconded the motion on the table. The motion passed with four approved votes and one opposed voted by Commissioner Taylor.
Commissioner Taylor commented that he was not against business, but there are areas for business and that was not in a residential area. Commissioner Taylor added that we could be stirring up a hornet’s nest. Mayor Nystrom stated that there are a lot of non-conforming actions that result in doing someone a favor down the road and others will appreciate it down the road.
CONSIDERATION AND APPROVAL OF ORDINANCE CONCERNING SMOKING IN PUBLIC PLACES:
City Attorney Van Blaricum commented that the Commission had been working on this ordinance for some time and that at the last meeting we had gotten pretty close to a final ordinance. Mr. Van Blaricum stated that he had made the changes requested. Mr. Van Blaricum explained that on page two the definitions were pretty clear and pointed out that it was important to note that when talking about enclosed areas in Pratt,that does not include outdoors. Mr. Van Blaricum quickly talked about definition ‘D’ that talks about enclosed areas, ‘E-F’ that describes where alcohol beverages are allowed, and ‘I’ which defines a public place. Mr. Van Blaricum continued to point out definition ‘K’ that was pretty important and described the separate designated smoking area and ‘N’ that talks about sports arenas and that it does not include outdoor fields. Mr. Van Blaricum explained that if the school district wants to make Zerger Field non-smoking during their events, they can, but it would not be because of this ordinance.
Mr. Van Blaricum stated that prohibition of smoking in public places goes into effect May 1, 2009. Mr. Van Blaricum commented that Section G (1) involves food service establishments except for outdoor sections and that they have to be physically separated, (2) allows smoking in restaurants between 10:30 p.m. and 5:00 a.m., but that this provision shall expire January 4, 2010, and (3) January 5, 2010 allows smoking in a physically separated area only. Commissioner Taylor questioned if that included a closed door. Mr. Van Blaricum stated that it did and that goes back to designated separate area. Mr. Van Blaricum clarified that you have to have access, but it has to be kept closed.
Mr. Van Blaricum commented on prohibition of smoking in places of employment and that employers have the responsibility to put up signs. Mr. Van Blaricum stated that all City owned facilities must be non-smoking. Commissioner Borho questioned if smoking was allowed under the awnings at the Green Sports Complex, but areas around the concession stand were prohibited. Mr. Van Blaricum stated that was correct.
Mayor Nystrom questioned if an owner can make his whole restaurant a designated smoking area. Commissioner Borho pointed out prohibition of smoking on page three that states that smoking shall be prohibited to all enclosed areas. Mayor Nystrom explained that a smoking area could be a big as they want. Mr. Howard commented that you could make a small area non-smoking. Commissioner Borho commented that you could until January 2010. Mr. Van Blaricum stated that state law says they assume that there is a non-smoking area. Mayor Nystrom commented that non-smokers should not have to go through the smoking area to get to their area.
Commissioner Peltier questioned why retail tobacco stores that only sale tobacco should be able to smoke. Chief of Police Steve Holmes commented that you try cigars or pipe tobacco before purchasing. Commissioner Borho questioned who decides what employees work in a smoking area. Mr. Van Blaricum explained that if there was a room inside Woody’s designated as a smoking area, a person would have to technically come out to be served and bus their own tables. Commissioner Peltier stated that they have until January 2010 to work out the kinks. Mr. Van Blaricum commented that the boss can work a smoking area, but not the employees.
Commissioner Borho questioned why we do not outlaw smoking in public places period. Commissioner Peltier commented that owners would spend money to comply with this ordinance and then January 2010, we decide they cannot smoke at all and that was unfair. Mr. Van Blaricum commented that we would be willing to work with businesses a year in advance and would not jerk the rug out from under an owner. Commissioner Borho commented that states have gone non-smoking and wondered how they did that. Mr. Van Blaricum commented that they have lead time to prepare. Commissioner Borho commented that businesses may not spend money on an area if it is banned altogether. Commissioner Hlavachick commented that it might be decided by the State at some point.
Commissioner Borho stated that we should be straight forward and remove the statement that allows smoking from 10:30 p.m. to 5:00 a.m. and make it no smoking after January 5, 2010. Commissioner Borho commented that the State would not care what happens to owners. Commissioner Taylor questioned what other states had done this. Commissioner Borho explained that California, Colorado and New York were a few.
A audience guest reporter addressed the Commission and let them know that in Illinois where she had been a reporter, they did a ban that did not allow smoking within ten feet of a business and they did not discuss enclosed areas. Commissioner Peltier commented that we should take out Section G (2). Commissioner Borho stated that (2) should stay in with the exception of the last sentence and (3) should be rewritten to say enclosed area smoking is banned; then give the owner a whole year to not have smoking indoors. Commissioner Peltier commented that on and after January 5, 2010, smoking would be prohibited in restaurants. Commissioner Borho stated that for this year, (2) should stand as is to give businesses time.
The following Ordinance 0903 was then presented to the Commission for their approval: AN ORDINANCE CONCERNING SMOKING IN PUBLIC PLACES. Commissioner Peltier made a motion to approve Ordinance 0903 stating ‘on and after January 2010 smoking will not be permitted in a restaurant or licensed premises’. Commissioner Borho clarified that, if in a separate area, you can have smoking. Commissioner Hlavachick stated that even if Woody’s decided to close off an area, there was no smoking allowed indoors. Commissioner Hlavachick added that it seems that we could get there without all of this. Commissioner Borho seconded the motion on the table. Commissioner Borho commented that even if it is specific, the State may come in and not permit it. Mr. Van Blaricum commented that we can do it this way, but whatever the State of Kansa does, it will be more or less restrictive than our ordinance and then we may have to forget ours. Commissioner Borho commented that we do have home rule. Mr. Van Blaricum stated that the Commission could adopt the ordinance as written or wait for the change. Commissioner Taylor stated that he would like to wait to have the change in place.
Recreation Director Bruce Pinkall commented that as far as the Sports Complex, he felt that we should model that behavior and be non-smoking. Commissioner Taylor agreed and commented that you can post any area as non-smoking. Mr. Pinkall stated that he could do that.
After little more discussion, Commissioner Peltier and Commissioner Borho withdrew their motions to approve Ordinance 0903. Mr. Van Blaricum stated that he would redraft the ordinance for the next meeting. Mayor Nystrom clarified that after May 1, 2009, smoking is allowed after 10:30 p.m., but after January 4, 2010, you cannot smoke in enclosed areas. All were in agreement.
CONSIDERATION AND APPROVAL OF BID TO CRUSH OLD CONCRETE FOR ALLEY AND UTILITY CUT USE:
This item was tabled for a future meeting at the request of Public Works Director Russ Rambat.
CONSIDERATION AND APPROVAL OF REPLACEMENT OF COMPUTER AND SOFTWARE AT THE CEMETERY DIRECTORY:
Public Works Director Russ Rambat informed the Commission that the directory at the Cemetery had not been operational for several months. Mr. Rambat explained that they had tried to get the machine up and running, but it cannot be done as the software on the hard drive was written by the company without further expansion capabilities. Mr. Rambat commented that the directory had been installed in 2001 and had run up until the end of last year. Mr. Rambat stated that he had been able to gather the data and the Cemetery board had talked about updating the directory with a new touch screen monitor and software that would give Mr. Butch Simpson, Cemetery Sexton, the ability to do updates from his office. Mr. Rambat stated that the board would like to go out for bids. Commissioner Borho questioned what the original cost was. Mr. Rambat stated that it was around $22,000 with construction and the computer. Commissioner Borho commented that they should go out for bids and all Commissioners were in agreement. Commissioner Taylor asked if this would ever be available on line. Mr. Rambat stated that he was looking into the information being available on our website.
Commissioner Taylor commented that the renovations to Baby Land were a great addition. Mr. Rambat stated that there were a lot of comments on it and that there are two rows left to finish. Mr. Rambat added that it should be able to be completed this summer when Mr. Simpson has some part-time help.
CONSIDERATION AND APPROVAL OF FLOODPLAIN MANAGEMENT RESOLUTION:
City Manager Howard stated that this resolution was an update of our flood plain management and that the most important thing was that it would allow citizens to get flood insurance. Mr. Howard commented that this regulates how the City permits and allows building in the City. Mayor Nystrom commented that this does not redefine boundaries. Mr. Howard stated that it does not and that there was a process that someone can go through to be removed from the flood plain. Mr. Howard stated that in article three on page eight, it states the City Commissioners or duly represented party and that right now, the inspector issues permits. Commissioner Borho questioned if we wanted to keep that. Mr. Howard stated that it should be made a part of the motion to say City Manager or designee and that without discussion, it could be a technicality.
The Floodplain Management Resolution 020209 was then presented to the Commission for their approval. A motion by Commissioner Borho to approve Resolution 020209, the Floodplain Management Resolution, and that on page eight, section three, the duly designated representative would be the City Manager or his/her designated representative to issue necessary permits. The motion was seconded by Commissioner Hlavachick and carried unanimously.
DISCUSSION ON REMOVAL OF SOUTH COOLING TOWERS AT POWER PLANT #1:
City Manager Howard explained that last fall, the Commission had approved the repair on damage to the cooling tower, but when the company came out, they recommended that we not put any money into it. Mr. Howard commented that after discussing it, the best option was to tear it down and keep the insurance money. Mr. Howard stated that we had not proposed to replace the tower, but pricing could get better and if the Federal government offers incentives packages to do improvements on Public Works, this may fall under that. Mr. Howard explained that what they will do is use the cooling towers to the north that are still standing, which are actually used for the five mega watt generator or to operate the fourteen mega watt, but at a lesser capacity. Mr. Howard added that depends on the temperature and would be between six and nine megs. Power Plant Superintendent Ernie Smith stated that it was originally designed for eight megs and you can safely get seven mega watts out of a fourteen mega watt unit. Commissioner Borho questioned if that was due to the cooling towers capacity. Mr. Smith added that even though it is a physically bigger tower, the flow rate on a fourteen mega watt unit is a lot more, but you are not going to get the capacity. Commissioner Borho questioned if it would not be worth it to retrofit the north tower to accommodate the increased flow rate. Mr. Smith answered that what happens is that the piping that comes to the suction line goes from 36” suction lines down to 24” lines.
Mr. Howard commented that one of the things that they looked at was to carry it over to the other cooling tower and back to where the return was, but there was not time to study that. Mr. Howard stated that this was to inform the Commission that we would like to tear the old cooling tower down before it comes down on its own, clean it up and then look at different options. Mr. Howard explained that the intent would be to put a new tower in, that would be approved by the Commission, and could handle the five and fourteen mega watt units. Mr. Howard commented that this way we can operate and meet all the capacity requirements with KMEA, MKEC, Sunflower and SPP standards.
Commissioner Borho questioned if the five meg was put in in the 1950’s and the fourteen meg in 1967 or so. Mr. Smith stated that the five meg unit was put in in 1952 and the fourteen meg unit in 1964. Commissioner Borho asked about the north and south cooling towers. Mr. Smith stated that the south tower was in 1964 and the north tower was in 1961. Mr. Howard commented that we were not going to abandon the five mega watt unit, but show it out of service. Mr. Howard explained that as long as we only have one tie into the City, we need to have it. Commissioner Borho commented that it was good insurance. Mr. Howard agreed. Commissioner Taylor questioned if we do still have our 112% capacity. Mr. Howard stated that we would, but if we lost energy and had to shut down, the capacity would not be there for a time. Commissioner Taylor asked what our peak was during the summer. Mr. Howard stated that it was 23 ½. Energy Agent Kenny Kreutzer explained that you have seven from both the five and fourteen mega watt units and nine from our MKEC contract. Mr. Howard repeated that if we lose our tie, we could have trouble depending on the time of the year.
Commissioner Taylor questioned how much a new cooling tower would cost. Mr. Howard answered that it would be around half a million, but the building materials were dropping monthly. Mr. Smith stated that he had received a cost of $400,000 in June for a wooden tower and that a metal cooling tower was about $350,000 due to the lower life expectancy. Commissioner Borho commented that we have gotten the use out of our wooden ones we have.
Mayor Nystrom questioned how much a tie cost. Mr. Howard stated that it was about $2,000,000. Mr. Kreutzer stated that with building a substation and the accessories, it could add up to about $8,000,000. Mr. Howard commented that that was why it had not been done. Mayor Nystrom questioned what if where the tie was connected with the grid and it got wiped out by a tornado, like it did, then we would have a back-up on our side. Mr. Howard commented that whenever there is a development opportunity, one of the things we were looking for was a chance to get that second tie. Mr. Howard added that wind generation could help to provide that.
Mr. Howard commented that they would move forward with this and bring the cooling tower to the Commission within the next couple of months. Commissioner Taylor asked if they would be updating the bid. Mr. Howard stated that they would have something for them to bid on and that they were watching the incentive program. Mr. Smith commented that the outfit that was interested in taking the cooling tower down was not interested in doing the job if we were not going to buy from them. Mr. Smith added that there was a company coming in Wednesday to see how much it cost to take it down and Kansas Can would be out to see if there was any salvage value in the tower. Mayor Nystrom asked what we have in that. Mr. Smith answered that there were two gear boxes, two motors, 20’ aluminum bladed fans with eight blades on each one plus fiberglass cones.
REPORTS:
Executive session request:
City Manager Howard requested an executive session at the end of the meeting for non-elective personnel to last ten minutes with no decisions expected.
Street Department:
Public Works Director Russ Rambat reported that the street department continues to cut out areas of brick on the side streets. Mr. Rambat explained that salt sits up close to the curb and eats at the bricks in some areas of town.
Curb & Gutter Project 2009:
Mr. Rambat informed the Commission that he was beginning to measure up for the 2009 curb and gutter project.
Baker Pool & Spa Safety Act:
Commissioner Borho questioned the article in the packet concerning the Virginia Graeme Baker Pool and Spa Safety Act. Mr. Rambat stated that he thought it was named after the original victim. Commissioner Borho asked if this was something we were looking at. Mr. Rambat stated we were taking initial measurements to come into compliance. Commissioner Borho asked about where you get an aquatic engineer. Mr. Rambat stated that there were several out there and he had spoken to one at length. Mr. Rambat explained that he would be draining the pool in a few weeks and modify the box and hopes that we do not have to cut into the pool. Commissioner Borho asked if we would have to patch the fiberglass liner. Mr. Rambat stated that we would have to hire that company back to patch the liner if we need to cut into it. Commissioner Borho asked how this was checked. Mr. Rambat stated that he was not sure. Commissioner Borho questioned if it would be OSHA. Mr. Rambat commented that it would probably be some branch of that.
Red Cross designation:
Recreation Director Bruce Pinkall informed the Commission that he had finally gotten the information on the Red Cross disaster designations for the Municipal Building and Community Center. Commissioner Borho asked if this was something that came before the Commission. Mr. Pinkall answered that this was just reassuring them that we have these facilities and that the Red Cross had done the inventory of the buildings.
Topeka trip:
Police Chief Steve Holmes informed the Commission that he would be leaving for Topeka in the morning for a law enforcement legislative meeting. Chief Holmes commented that the state wide no smoking topic would be discussed.
State budget cuts:
Finance Director Diana Garten stated that she had been watching what was going on with the state budget cuts and how they related to us. Ms. Garten stated that the Governor proposed $159,000,000 in budget cuts and that the House and the Senate were on different sides. Ms. Garten commented that one of the major items was that we could lose 100% of the liquor tax, which is about $45,000. Commissioner Peltier questioned why we would not get the liquor tax. Ms. Garten stated that the State would keep all of it to save their budget. Commissioner Borho asked if their deficit was predicted to be around $180,000,000. Ms. Garten stated that right now they are looking at $160,000,000, but they are talking about it being as much as $300,000,000 by 2011 if they do not do these cuts. Ms. Garten commented that the Senate is being proactive and they want to cut more than the Governor has proposed; whereas the House is being more generous. Ms. Garten explained that the budget is going to be cut, they are not going to taxes, but we are just not sure where the cuts are going to come from. Ms. Garten commented that the Democrats want to hit local government, but the Republicans want to spread it out to all entities.
Ms. Garten stated that besides the liquor tax, the State City County Highway Fund, which is how we maintain our streets, could be affected with the Senate wanting to cut it by about 10% or $20,000 a year and the House is looking at about a 4% cut. Commissioner Taylor asked if we had given away some of the highway miles to the highway project. Ms. Garten answered that we are paying on the highway project, but the possible stimulus package from the Federal Government could help make up some of that.
Ms. Garten stated that the machinery and equipment slider that took business machinery away in 2006 and put a slider in to make up for it, is something they do not want to pay. Ms. Garten explained that the Senate wants to delay the payment until May so they can see the income tax revenues when they come in and the House is wanting to go ahead and pay on time with the first payment being now.
Ms. Garten stated that another item is the LABTR that was to be reinstated in 2010, but that it does not look like that will happen.
Ms. Garten stated that the Senate closely mirrored the Governor’s projections and that we could be looking at $65,000 to $95,000 in cuts over the next two years.
Ms. Garten informed the Commission that there is a forum on February 14th in Pratt with Mitch Holmes and Ruth Teichman, but the time and place were not certain yet.
Sales Tax:
Ms. Garten informed the Commission that the sales tax for January, which was based on November 2008 sales, did not show a recession. Ms. Garten commented that this was the best month ever going back to 2003 and that it was up from this time last year by $52,736.73.
City Hall Day:
Mayor Nystrom commented that he had attended City Hall Day and had visited with Representative Yoder. Mayor Nystrom explained that he had asked Representative Yoder where the proposed shortfalls were coming from and he had stated that these were projections and there currently was not a loss. Commissioner Borho commented that they had not stopped their State House renovation. Mayor Nystrom stated that they had not, but the Capital was a beautiful place. Ms. Garten added that they are going to finish the wing they had started and then postpone the rest.
Mayor Nystrom added that one thing we are not going to get is real support from our state representatives and they are going to pass the buck down to the local taxing entities. Mayor Nystrom commented that they made it clear that they were more concerned about the election than they are about performance.
Executive Session:
A motion by Mayor Nystrom to enter into executive session to discuss non-elective personnel for ten minutes. The motion was seconded by Commissioner Taylor and carried unanimously.
Upon proper motion, the Commission returned from executive session with nothing to report.
ADJOURN:
The regular meeting was adjourned by proper motion.
_______________________________________
ERIC NYSTROM, Mayor
(SEAL)
ATTEST:
_________________________________________
LUANN KRAMER, City Clerk
FEBRUARY 02, 2009
The Governing Body of the City of Pratt met in Regular session in the Commission Room located in City Hall.
PRESENT: Eric Nystrom Mayor
Glenna Borho Commissioner
Jeff Taylor Commissioner
Bill Hlavachick Commissioner
Willy Peltier Commissioner
ALSO PRESENT: Dave Howard City Manager
LuAnn Kramer City Clerk
Ken Van Blaricum City Attorney
Diana Garten Finance Director
Steve Holmes Chief of Police
Russ Rambat Public Works Director
Bruce Pinkall Recreation Director
CALL TO ORDER:
Mayor Nystrom called the regular session to order. The Mayor instructed the Clerk to note that all Commissioners were present with the exception of Commissioner Peltier.
MINUTES:
A motion by Commissioner Borho to approve the minutes of the January 19, 2009 regular Commission meeting. The motion was seconded by Commissioner Taylor and carried unanimously.
OPEN AGENDA:
Request to vacate :
Mr. Richard McDiffett, 524 Logan, addressed the Commission on a vacation of Taylor Street between Simpson and New Streets. Commissioner Borho asked why Mr. McDiffett wanted this. Mr. McDiffett stated that he had been maintaining the area for twenty-two years. (Commissioner Peltier arrived at 5:05 p.m.) Mr. McDiffett continued to explain that he had cleaned up the area and kept it mowed along with the neighbors keeping the area around their property clean. Mr. McDiffett added that the street easement was 65’ wide and City easements were 80’ wide so if the City would want to develop the street, they would need an additional 15’. Commissioner Taylor asked who owned the property to the north. Mr. McDiffett stated that Mr. Rod Siedel owned that property. Commissioner Hlavachick asked if it had ever been a road. City Manager Howard commented that it had not and that the north half of the property would go to the north property owners and the southern half would go to those property owners that border the property. Mr. McDiffett stated that Kansas Statute 12-506 states that streets that are vacated shall revert to the owners of the property immediately abutting the land; therefore, the area not platted to the north of Logan Street would go to the owners of the property to the north. Commissioner Peltier commented that the down side of vacating Simpson Street would be that it would not be able to be expanded for development in the future. Commissioner Borho commented that that was a fair assessment.
Mr. Howard commented that there was a plat in the early stages and it would not need Simpson Street to go to the west. Commissioner Borho asked if the property to the north had ever been annexed into the City. Mr. Howard stated that it had not and that the only City utility would be electric.
Mayor Nystrom questioned if he and Commissioner Peltier should abstain from this discussion since they both own property next to the proposal. City Attorney Van Blaricum stated that this was a complex issue and that it should go before the Planning & Zoning Commission with something in writing for an application of vacation. Mr. Van Blaricum commented that if it gets to that point, it could be a conflict. Mayor Nystrom questioned if they should have input now. Mr. Van Blaricum stated that it was a mute point right now and they should wait and see what the Zoning Commission decides. Mr. Van Blaricum added that they should not vote on this question. Mayor Nystrom clarified that no vote, no input. Mr. Van Blaricum stated yes.
Mr. Howard commented that he had visited with a party involved last Friday and the reason they are here was to see if the Commissioners would consider vacating that property before they went to the expense of surveying, etc. Commissioner Borho commented that it was right on the City County line and that this subject was usually pursued through the Zoning Commissioner and they make a recommendation. Commissioner Taylor asked if anyone was paying property taxes. Mr. Howard commented that the property was owned by the City so no property taxes were being paid. Commissioner Hlavachick asked if the City would maintain the utility easement. Mr. Howard stated that we would. Commissioner Hlavachick commented that he recommended that it come through the Planning and Zoning Commission also. Mr. McDiffett commented that he had closed Mound Street a few years ago through this group. Mr. Howard stated that the plat was in the early stages and that, in the end, we would feel better having it vacated on the recommendation of the Planning and Zoning Commission. Mr. McDiffett commented that he was confused a little as he got one street vacated and now he cannot, even with the landowners being in favor.
Mr. Rod Siedel addressed the Commission and let them know that he had purchased the property north from the Doskocil Estate and his dream was to someday develop it. Mr. Siedel commented that he had cleaned up the sand pit that had become a dump for anyone that could sneak in. Mr. Siedel stated that he had visited with Mr. Blake Himmelwright and he was in total agreement with the development. Mr. Siedel commented that he had planned on coming before the Commission in a few weeks with the plans and he wants to make it good for the City. City Manager Howard commented that he had visited with Mr. Siedel and informed him that utilities would not be extended unless the property was annexed, but they only want electric. Mr. Howard added that they would like the okay to go ahead before spending a lot of money, because if they do not have any electric, there would be no plat. Commissioner Borho questioned how they would access the development. Mr. Siedel stated that there could be a couple of different ways and one being that you stay on Simpson Street behind 516 Logan and bring the access through the right-of-way to where Mound Street used to be and close the rest of Simpson Street. Mr. Siedel explained that the other way would be to access from Taylor Street and go straight north.
Mr. Howard commented that the plat would be by Mr. Himmelwright and Mr. Siedel and that the decision now would be whether we allow electrical utilities. Commissioner Borho questioned if they want the vacation no matter what the access. Mr. Siedel stated that he did. Commissioner Borho commented that she would like to see this researched by the Planning and Zoning attorney and that the Commission was pro-development wanting to see Pratt grow and, if by a private developer, that was all the better. The Commission and City Manager clarified that this would be brought before the Planning and Zoning Commission at their next meeting and the City Commission would review upon the Zoning Commissions recommendation.
BUSINESS:
PRESENTATION OF ‘JOE WYNN VOLUNTEER AWARD’ FOR 2007 TO THE PRATT ROTARY CLUB:
Mayor Nystrom presented the Joe Wynn Volunteer Award for 2007 to Mr. Don Belden, representative for the Pratt Rotary Club. Mayor Nystrom explained that the Pratt Rotary Club was nominated for their work on the nature trail and other volunteer work they do in Pratt.
CONSIDERATION AND APPROVAL OF ORDINANCE AMENDING ZONING CLASSIFICATION:
City Attorney Ken Van Blaricum stated the property involved in the zoning change was across from Zerger Park on First Street. Mr. Van Blaricum commented that the Epp brothers had filed an application with the Planning and Zoning Commission with the request to go from residential to highway service district. Mr. Van Blaricum explained that the Planning and Zoning Commission has voted unanimously to do that. Commissioner Taylor asked if it was any more than the three houses. City Manager Howard stated that it was the three houses and six lots behind to Blaine Street. Mr. Howard added that there had been a public hearing as required.
The following Ordinance 0902 was then presented to the Commission for their approval: AN ORDINANCE AMENDING THE ZONING CLASSIFICATION OR DISTRICT OF LOTS ONE (1), TWO (2), THREE (3), FOUR (4), FIVE (5) AND SIX (6), IN BLOCK SIX (6) OF SIMPSON’S SUBDIVISION OF BLOCK 25 IN SIMPSON’S SECOND ADDITION TO THE CITY OF PRATT, PRATT COUNTY, KANSAS UNDER THE AUTHORITY GRANTED IN THE ZONING AND SUBDIVISION REGULATIONS OF THE CITY OF PRATT, KANSAS, AS INCORPORATED IN THE CODE OF THE CITY OF PRATT, KANSAS. A motion by Commissioner Borho to accept the recommendation from the Planning and Zoning Commission to change the zoning classifications as listed in Ordinance 0902. Commissioner Hlavachick questioned if Mr. Jim Hays was in favor of this. Mr. Van Blaricum stated that if they were signed in, they were opposed. Mr. Van Blaricum commented that Mr. Hays lived in the house to the west and he felt that the possibility of a business going there would be detrimental to his property. Mr. Van Blaricum added that the people that live across the street to the east from the first lot felt that it would also be detrimental to their property for the same reason. Commissioner Taylor stated that he was uncomfortable with this situation and that you do not want to put a business in the middle of residential property. Mr. Van Blaricum commented that there was good discussion both ways. Commissioner Hlavachick commented that it passed in the meeting with a three to one vote. Commissioner Peltier seconded the motion on the table. The motion passed with four approved votes and one opposed voted by Commissioner Taylor.
Commissioner Taylor commented that he was not against business, but there are areas for business and that was not in a residential area. Commissioner Taylor added that we could be stirring up a hornet’s nest. Mayor Nystrom stated that there are a lot of non-conforming actions that result in doing someone a favor down the road and others will appreciate it down the road.
CONSIDERATION AND APPROVAL OF ORDINANCE CONCERNING SMOKING IN PUBLIC PLACES:
City Attorney Van Blaricum commented that the Commission had been working on this ordinance for some time and that at the last meeting we had gotten pretty close to a final ordinance. Mr. Van Blaricum stated that he had made the changes requested. Mr. Van Blaricum explained that on page two the definitions were pretty clear and pointed out that it was important to note that when talking about enclosed areas in Pratt,that does not include outdoors. Mr. Van Blaricum quickly talked about definition ‘D’ that talks about enclosed areas, ‘E-F’ that describes where alcohol beverages are allowed, and ‘I’ which defines a public place. Mr. Van Blaricum continued to point out definition ‘K’ that was pretty important and described the separate designated smoking area and ‘N’ that talks about sports arenas and that it does not include outdoor fields. Mr. Van Blaricum explained that if the school district wants to make Zerger Field non-smoking during their events, they can, but it would not be because of this ordinance.
Mr. Van Blaricum stated that prohibition of smoking in public places goes into effect May 1, 2009. Mr. Van Blaricum commented that Section G (1) involves food service establishments except for outdoor sections and that they have to be physically separated, (2) allows smoking in restaurants between 10:30 p.m. and 5:00 a.m., but that this provision shall expire January 4, 2010, and (3) January 5, 2010 allows smoking in a physically separated area only. Commissioner Taylor questioned if that included a closed door. Mr. Van Blaricum stated that it did and that goes back to designated separate area. Mr. Van Blaricum clarified that you have to have access, but it has to be kept closed.
Mr. Van Blaricum commented on prohibition of smoking in places of employment and that employers have the responsibility to put up signs. Mr. Van Blaricum stated that all City owned facilities must be non-smoking. Commissioner Borho questioned if smoking was allowed under the awnings at the Green Sports Complex, but areas around the concession stand were prohibited. Mr. Van Blaricum stated that was correct.
Mayor Nystrom questioned if an owner can make his whole restaurant a designated smoking area. Commissioner Borho pointed out prohibition of smoking on page three that states that smoking shall be prohibited to all enclosed areas. Mayor Nystrom explained that a smoking area could be a big as they want. Mr. Howard commented that you could make a small area non-smoking. Commissioner Borho commented that you could until January 2010. Mr. Van Blaricum stated that state law says they assume that there is a non-smoking area. Mayor Nystrom commented that non-smokers should not have to go through the smoking area to get to their area.
Commissioner Peltier questioned why retail tobacco stores that only sale tobacco should be able to smoke. Chief of Police Steve Holmes commented that you try cigars or pipe tobacco before purchasing. Commissioner Borho questioned who decides what employees work in a smoking area. Mr. Van Blaricum explained that if there was a room inside Woody’s designated as a smoking area, a person would have to technically come out to be served and bus their own tables. Commissioner Peltier stated that they have until January 2010 to work out the kinks. Mr. Van Blaricum commented that the boss can work a smoking area, but not the employees.
Commissioner Borho questioned why we do not outlaw smoking in public places period. Commissioner Peltier commented that owners would spend money to comply with this ordinance and then January 2010, we decide they cannot smoke at all and that was unfair. Mr. Van Blaricum commented that we would be willing to work with businesses a year in advance and would not jerk the rug out from under an owner. Commissioner Borho commented that states have gone non-smoking and wondered how they did that. Mr. Van Blaricum commented that they have lead time to prepare. Commissioner Borho commented that businesses may not spend money on an area if it is banned altogether. Commissioner Hlavachick commented that it might be decided by the State at some point.
Commissioner Borho stated that we should be straight forward and remove the statement that allows smoking from 10:30 p.m. to 5:00 a.m. and make it no smoking after January 5, 2010. Commissioner Borho commented that the State would not care what happens to owners. Commissioner Taylor questioned what other states had done this. Commissioner Borho explained that California, Colorado and New York were a few.
A audience guest reporter addressed the Commission and let them know that in Illinois where she had been a reporter, they did a ban that did not allow smoking within ten feet of a business and they did not discuss enclosed areas. Commissioner Peltier commented that we should take out Section G (2). Commissioner Borho stated that (2) should stay in with the exception of the last sentence and (3) should be rewritten to say enclosed area smoking is banned; then give the owner a whole year to not have smoking indoors. Commissioner Peltier commented that on and after January 5, 2010, smoking would be prohibited in restaurants. Commissioner Borho stated that for this year, (2) should stand as is to give businesses time.
The following Ordinance 0903 was then presented to the Commission for their approval: AN ORDINANCE CONCERNING SMOKING IN PUBLIC PLACES. Commissioner Peltier made a motion to approve Ordinance 0903 stating ‘on and after January 2010 smoking will not be permitted in a restaurant or licensed premises’. Commissioner Borho clarified that, if in a separate area, you can have smoking. Commissioner Hlavachick stated that even if Woody’s decided to close off an area, there was no smoking allowed indoors. Commissioner Hlavachick added that it seems that we could get there without all of this. Commissioner Borho seconded the motion on the table. Commissioner Borho commented that even if it is specific, the State may come in and not permit it. Mr. Van Blaricum commented that we can do it this way, but whatever the State of Kansa does, it will be more or less restrictive than our ordinance and then we may have to forget ours. Commissioner Borho commented that we do have home rule. Mr. Van Blaricum stated that the Commission could adopt the ordinance as written or wait for the change. Commissioner Taylor stated that he would like to wait to have the change in place.
Recreation Director Bruce Pinkall commented that as far as the Sports Complex, he felt that we should model that behavior and be non-smoking. Commissioner Taylor agreed and commented that you can post any area as non-smoking. Mr. Pinkall stated that he could do that.
After little more discussion, Commissioner Peltier and Commissioner Borho withdrew their motions to approve Ordinance 0903. Mr. Van Blaricum stated that he would redraft the ordinance for the next meeting. Mayor Nystrom clarified that after May 1, 2009, smoking is allowed after 10:30 p.m., but after January 4, 2010, you cannot smoke in enclosed areas. All were in agreement.
CONSIDERATION AND APPROVAL OF BID TO CRUSH OLD CONCRETE FOR ALLEY AND UTILITY CUT USE:
This item was tabled for a future meeting at the request of Public Works Director Russ Rambat.
CONSIDERATION AND APPROVAL OF REPLACEMENT OF COMPUTER AND SOFTWARE AT THE CEMETERY DIRECTORY:
Public Works Director Russ Rambat informed the Commission that the directory at the Cemetery had not been operational for several months. Mr. Rambat explained that they had tried to get the machine up and running, but it cannot be done as the software on the hard drive was written by the company without further expansion capabilities. Mr. Rambat commented that the directory had been installed in 2001 and had run up until the end of last year. Mr. Rambat stated that he had been able to gather the data and the Cemetery board had talked about updating the directory with a new touch screen monitor and software that would give Mr. Butch Simpson, Cemetery Sexton, the ability to do updates from his office. Mr. Rambat stated that the board would like to go out for bids. Commissioner Borho questioned what the original cost was. Mr. Rambat stated that it was around $22,000 with construction and the computer. Commissioner Borho commented that they should go out for bids and all Commissioners were in agreement. Commissioner Taylor asked if this would ever be available on line. Mr. Rambat stated that he was looking into the information being available on our website.
Commissioner Taylor commented that the renovations to Baby Land were a great addition. Mr. Rambat stated that there were a lot of comments on it and that there are two rows left to finish. Mr. Rambat added that it should be able to be completed this summer when Mr. Simpson has some part-time help.
CONSIDERATION AND APPROVAL OF FLOODPLAIN MANAGEMENT RESOLUTION:
City Manager Howard stated that this resolution was an update of our flood plain management and that the most important thing was that it would allow citizens to get flood insurance. Mr. Howard commented that this regulates how the City permits and allows building in the City. Mayor Nystrom commented that this does not redefine boundaries. Mr. Howard stated that it does not and that there was a process that someone can go through to be removed from the flood plain. Mr. Howard stated that in article three on page eight, it states the City Commissioners or duly represented party and that right now, the inspector issues permits. Commissioner Borho questioned if we wanted to keep that. Mr. Howard stated that it should be made a part of the motion to say City Manager or designee and that without discussion, it could be a technicality.
The Floodplain Management Resolution 020209 was then presented to the Commission for their approval. A motion by Commissioner Borho to approve Resolution 020209, the Floodplain Management Resolution, and that on page eight, section three, the duly designated representative would be the City Manager or his/her designated representative to issue necessary permits. The motion was seconded by Commissioner Hlavachick and carried unanimously.
DISCUSSION ON REMOVAL OF SOUTH COOLING TOWERS AT POWER PLANT #1:
City Manager Howard explained that last fall, the Commission had approved the repair on damage to the cooling tower, but when the company came out, they recommended that we not put any money into it. Mr. Howard commented that after discussing it, the best option was to tear it down and keep the insurance money. Mr. Howard stated that we had not proposed to replace the tower, but pricing could get better and if the Federal government offers incentives packages to do improvements on Public Works, this may fall under that. Mr. Howard explained that what they will do is use the cooling towers to the north that are still standing, which are actually used for the five mega watt generator or to operate the fourteen mega watt, but at a lesser capacity. Mr. Howard added that depends on the temperature and would be between six and nine megs. Power Plant Superintendent Ernie Smith stated that it was originally designed for eight megs and you can safely get seven mega watts out of a fourteen mega watt unit. Commissioner Borho questioned if that was due to the cooling towers capacity. Mr. Smith added that even though it is a physically bigger tower, the flow rate on a fourteen mega watt unit is a lot more, but you are not going to get the capacity. Commissioner Borho questioned if it would not be worth it to retrofit the north tower to accommodate the increased flow rate. Mr. Smith answered that what happens is that the piping that comes to the suction line goes from 36” suction lines down to 24” lines.
Mr. Howard commented that one of the things that they looked at was to carry it over to the other cooling tower and back to where the return was, but there was not time to study that. Mr. Howard stated that this was to inform the Commission that we would like to tear the old cooling tower down before it comes down on its own, clean it up and then look at different options. Mr. Howard explained that the intent would be to put a new tower in, that would be approved by the Commission, and could handle the five and fourteen mega watt units. Mr. Howard commented that this way we can operate and meet all the capacity requirements with KMEA, MKEC, Sunflower and SPP standards.
Commissioner Borho questioned if the five meg was put in in the 1950’s and the fourteen meg in 1967 or so. Mr. Smith stated that the five meg unit was put in in 1952 and the fourteen meg unit in 1964. Commissioner Borho asked about the north and south cooling towers. Mr. Smith stated that the south tower was in 1964 and the north tower was in 1961. Mr. Howard commented that we were not going to abandon the five mega watt unit, but show it out of service. Mr. Howard explained that as long as we only have one tie into the City, we need to have it. Commissioner Borho commented that it was good insurance. Mr. Howard agreed. Commissioner Taylor questioned if we do still have our 112% capacity. Mr. Howard stated that we would, but if we lost energy and had to shut down, the capacity would not be there for a time. Commissioner Taylor asked what our peak was during the summer. Mr. Howard stated that it was 23 ½. Energy Agent Kenny Kreutzer explained that you have seven from both the five and fourteen mega watt units and nine from our MKEC contract. Mr. Howard repeated that if we lose our tie, we could have trouble depending on the time of the year.
Commissioner Taylor questioned how much a new cooling tower would cost. Mr. Howard answered that it would be around half a million, but the building materials were dropping monthly. Mr. Smith stated that he had received a cost of $400,000 in June for a wooden tower and that a metal cooling tower was about $350,000 due to the lower life expectancy. Commissioner Borho commented that we have gotten the use out of our wooden ones we have.
Mayor Nystrom questioned how much a tie cost. Mr. Howard stated that it was about $2,000,000. Mr. Kreutzer stated that with building a substation and the accessories, it could add up to about $8,000,000. Mr. Howard commented that that was why it had not been done. Mayor Nystrom questioned what if where the tie was connected with the grid and it got wiped out by a tornado, like it did, then we would have a back-up on our side. Mr. Howard commented that whenever there is a development opportunity, one of the things we were looking for was a chance to get that second tie. Mr. Howard added that wind generation could help to provide that.
Mr. Howard commented that they would move forward with this and bring the cooling tower to the Commission within the next couple of months. Commissioner Taylor asked if they would be updating the bid. Mr. Howard stated that they would have something for them to bid on and that they were watching the incentive program. Mr. Smith commented that the outfit that was interested in taking the cooling tower down was not interested in doing the job if we were not going to buy from them. Mr. Smith added that there was a company coming in Wednesday to see how much it cost to take it down and Kansas Can would be out to see if there was any salvage value in the tower. Mayor Nystrom asked what we have in that. Mr. Smith answered that there were two gear boxes, two motors, 20’ aluminum bladed fans with eight blades on each one plus fiberglass cones.
REPORTS:
Executive session request:
City Manager Howard requested an executive session at the end of the meeting for non-elective personnel to last ten minutes with no decisions expected.
Street Department:
Public Works Director Russ Rambat reported that the street department continues to cut out areas of brick on the side streets. Mr. Rambat explained that salt sits up close to the curb and eats at the bricks in some areas of town.
Curb & Gutter Project 2009:
Mr. Rambat informed the Commission that he was beginning to measure up for the 2009 curb and gutter project.
Baker Pool & Spa Safety Act:
Commissioner Borho questioned the article in the packet concerning the Virginia Graeme Baker Pool and Spa Safety Act. Mr. Rambat stated that he thought it was named after the original victim. Commissioner Borho asked if this was something we were looking at. Mr. Rambat stated we were taking initial measurements to come into compliance. Commissioner Borho asked about where you get an aquatic engineer. Mr. Rambat stated that there were several out there and he had spoken to one at length. Mr. Rambat explained that he would be draining the pool in a few weeks and modify the box and hopes that we do not have to cut into the pool. Commissioner Borho asked if we would have to patch the fiberglass liner. Mr. Rambat stated that we would have to hire that company back to patch the liner if we need to cut into it. Commissioner Borho asked how this was checked. Mr. Rambat stated that he was not sure. Commissioner Borho questioned if it would be OSHA. Mr. Rambat commented that it would probably be some branch of that.
Red Cross designation:
Recreation Director Bruce Pinkall informed the Commission that he had finally gotten the information on the Red Cross disaster designations for the Municipal Building and Community Center. Commissioner Borho asked if this was something that came before the Commission. Mr. Pinkall answered that this was just reassuring them that we have these facilities and that the Red Cross had done the inventory of the buildings.
Topeka trip:
Police Chief Steve Holmes informed the Commission that he would be leaving for Topeka in the morning for a law enforcement legislative meeting. Chief Holmes commented that the state wide no smoking topic would be discussed.
State budget cuts:
Finance Director Diana Garten stated that she had been watching what was going on with the state budget cuts and how they related to us. Ms. Garten stated that the Governor proposed $159,000,000 in budget cuts and that the House and the Senate were on different sides. Ms. Garten commented that one of the major items was that we could lose 100% of the liquor tax, which is about $45,000. Commissioner Peltier questioned why we would not get the liquor tax. Ms. Garten stated that the State would keep all of it to save their budget. Commissioner Borho asked if their deficit was predicted to be around $180,000,000. Ms. Garten stated that right now they are looking at $160,000,000, but they are talking about it being as much as $300,000,000 by 2011 if they do not do these cuts. Ms. Garten commented that the Senate is being proactive and they want to cut more than the Governor has proposed; whereas the House is being more generous. Ms. Garten explained that the budget is going to be cut, they are not going to taxes, but we are just not sure where the cuts are going to come from. Ms. Garten commented that the Democrats want to hit local government, but the Republicans want to spread it out to all entities.
Ms. Garten stated that besides the liquor tax, the State City County Highway Fund, which is how we maintain our streets, could be affected with the Senate wanting to cut it by about 10% or $20,000 a year and the House is looking at about a 4% cut. Commissioner Taylor asked if we had given away some of the highway miles to the highway project. Ms. Garten answered that we are paying on the highway project, but the possible stimulus package from the Federal Government could help make up some of that.
Ms. Garten stated that the machinery and equipment slider that took business machinery away in 2006 and put a slider in to make up for it, is something they do not want to pay. Ms. Garten explained that the Senate wants to delay the payment until May so they can see the income tax revenues when they come in and the House is wanting to go ahead and pay on time with the first payment being now.
Ms. Garten stated that another item is the LABTR that was to be reinstated in 2010, but that it does not look like that will happen.
Ms. Garten stated that the Senate closely mirrored the Governor’s projections and that we could be looking at $65,000 to $95,000 in cuts over the next two years.
Ms. Garten informed the Commission that there is a forum on February 14th in Pratt with Mitch Holmes and Ruth Teichman, but the time and place were not certain yet.
Sales Tax:
Ms. Garten informed the Commission that the sales tax for January, which was based on November 2008 sales, did not show a recession. Ms. Garten commented that this was the best month ever going back to 2003 and that it was up from this time last year by $52,736.73.
City Hall Day:
Mayor Nystrom commented that he had attended City Hall Day and had visited with Representative Yoder. Mayor Nystrom explained that he had asked Representative Yoder where the proposed shortfalls were coming from and he had stated that these were projections and there currently was not a loss. Commissioner Borho commented that they had not stopped their State House renovation. Mayor Nystrom stated that they had not, but the Capital was a beautiful place. Ms. Garten added that they are going to finish the wing they had started and then postpone the rest.
Mayor Nystrom added that one thing we are not going to get is real support from our state representatives and they are going to pass the buck down to the local taxing entities. Mayor Nystrom commented that they made it clear that they were more concerned about the election than they are about performance.
Executive Session:
A motion by Mayor Nystrom to enter into executive session to discuss non-elective personnel for ten minutes. The motion was seconded by Commissioner Taylor and carried unanimously.
Upon proper motion, the Commission returned from executive session with nothing to report.
ADJOURN:
The regular meeting was adjourned by proper motion.
_______________________________________
ERIC NYSTROM, Mayor
(SEAL)
ATTEST:
_________________________________________
LUANN KRAMER, City Clerk
02/02/09 Recessed Comm. meeting minutes
MONDAY
FEBRUARY 02, 2009
The Governing Body of the City of Pratt met in Recessed session in the Commission Room located in City Hall.
PRESENT: Eric Nystrom Mayor
Glenna Borho Commissioner
Jeff Taylor Commissioner
Bill Hlavachick Commissioner
Willy Peltier Commissioner
ALSO PRESENT: Dave Howard City Manager
LuAnn Kramer City Clerk
Ken Van Blaricum City Attorney
Charles Rinke County Commissioner
Joe Reynolds County Commissioner
Dwight Adams County Commissioner
Sherry Kruse County Clerk
Gordon Stull County Counselor
CALL TO ORDER:
Mayor Nystrom called the recessed meeting to order. The Mayor instructed the Clerk to note that all Commissioners were present.
BUSINESS:
DISCUSSION ON RECYCLING PROGRAM WITHIN THE CITY LIMITS OF PRATT:
Mayor Nystrom introduced Mr. Marvin Nisley, Nisley Brothers Trash Service, to the City and County Commissioners and explained that he was going to discuss a recycling program for the City of Pratt. Mr. Nisley stated that he had visited with the City Commission a couple of months ago on a recycling program. Mr. Nisley explained that the City wanted to visit with the County Commissioners before doing anything, which brought him to this meeting.
Mr. Nisley showed the Commissioners a brief power point presentation on the services that his company provides. Mr. Nisley explained that the cardboard recycling containers are for cardboard only and that the cardboard is taken back to Hutchinson. Mr. Nisley commented that this program would reduce landfill costs and it would be good for the customer. Mr. Nisley stated that the down side would be loss of revenue on trash service for the City and also loss of revenue at the landfill for the County. Commissioner Peltier asked what we pay monthly to go to the landfill. City Manager Howard stated that it was based on weight and at the end of the year it is ‘trued up’, which could mean that the City would owe the County or vice versa.
Commissioner Borho commented that for some reason or other, cardboard is not being recycled at the Recycling Center and that it is going to the landfill now and not the Recycling Center. Mr. Nisley commented that Pratt County has a fine Recycling Center and that he was only targeting cardboard that is currently going to the landfill.
Mr. Nisley stated that a container cost about $50 per month for the cardboard container and $60 for a mixed paper container, but it could reduce the City services by 25%. Mr. Nisley commented that he knew that it was more expensive to recycle, but it was doing what was right. Commissioner Taylor questioned the cost being a lot for a customer to pay. Mr. Nisley stated that a customer would not use both containers.
Mr. Nisley asked the County if it was okay with them to provide these services to businesses in the Pratt County area. Commissioner Hlavachick questioned how much cardboard the Recycling Center received. Mr. Dean Staab commented that the County takes in about $6,000 a year just on cardboard. Commissioner Hlavachick asked what percentages of businesses are recycling now. Mr. Staab answered that there were several including Sears, Wildlife and Parks, lumber yard, Skaggs and Bolen’s. City Manager Howard showed the Commissioners a few pictures of what the City is dealing with now. Mr. Howard commented that some businesses are not taking their cardboard to the Recycling Center and we do not care, but there is a market out there and businesses are taking advantage of that. Mayor Nystrom questioned if Mr. Nisley was going to make a proposal to different businesses and ask them to cooperate. Mr. Nisley commented that was his intention if given the approval from the City and County Commissioners. County Commissioner Joe Reynolds commented that if the customers were going to be charged $50 for a container, the County would be able to go get it themselves and charge that. Commissioner Peltier questioned if the overhead cost would be justified if they would go into the garbage business. Commissioner Reynolds commented that they would just need a trailer with a screen. Mr. Staab commented that he would hate to see revenue for Pratt County go to Reno County and that the problem was educating people and getting them to participate in the program. Commissioner Borho asked how much was going to the landfill now. Mr. Stabb answered that it was a lot. Commissioner Borho commented that the program would bring less waste to the landfill. Mr. Staab stated that they are waiting at the Recycling Center to get a full semi-truck load. Commissioner Taylor commented that he had been taking his recyclables to Wichita and had taken 33,000 lbs in the last three years. Commissioner Reynolds commented that if the City does this, they would be losing revenue also. Mr. Howard stated that there may be a loss of revenue, but it would be offset by less expenditures. Mayor Nystrom commented that trash service was not profitable.
Commissioner Borho commented that this could extend the life of the landfill. County Commissioner Adams commented that cardboard dissolves. Commissioner Hlavachick asked if the Recycling Center could hold 12 to 14% more paper. Mr. Staab stated that it could. Mr. Nisley commented that if there is room, he could dump it here. Mr. Nisley explained that he was trying to keep from having a piece of equipment coming back to Hutchinson not being utilized. Commissioner Peltier asked Mr. Nisley what advantage he would have dumping it here. Mr. Nisley stated that there would no advantage.
County Commissioner Rinke commented that he did not want to do it and that he also wanted more time to think about it. Commissioner Adams added that they did not know that this was what was going to be discussed and they did need more time to see if it would meet requirements. Commissioner Reynolds commented that he was not sure that there was going to be a charge and that Mr. Nisley would be collecting for the container and keeping the cardboard. Mayor Nystrom reminded the Commissioners that Mr. Nisley had just stated that he would dump it here at the Recycling Center. Commissioner Reynolds added that they would want to be able to offer this to customers. Commissioner Taylor commented that after putting a pencil to it, it may not be worth it and that the County has not made a lot of money on the Recycling Center. Commissioner Rinke commented that the County could get more if they haul it. Mr. Howard commented that we haul it to the landfill now and that if we are doing that, the customer is not going to pay to have it done. Attorney Gordon Stull commented that you could make it mandatory and not pick up a dumpster if it had cardboard in it. Commissioner Adams questioned if Mr. Nisley was going to stop at cardboard. Commissioner Peltier commented that it would cost the County to open up a trash service and pick up for free. Commissioner Borho commented that it would be through tax dollars and usage fees.
Mr. Howard commented that Mr. Nisley was willing to dump here at no cost to the County. Mr. Nisley stated that he could do that all day long since recyclables were not worth anything. Commissioner Borho questioned if Mr. Nisley would open up other routes outside the City. Mr. Nisley stated that materials that were not going through the Recycling Center was a County issue, but he would do that. Mr. Staab commented that the Recycling Center takes mixed paper, but not with cardboard. Commissioner Peltier commented that some people are going to mix it. Commissioner Adams commented that Mr. Nisley had a container for mixed paper. Mr. Nisley stated that they do have that container and the plant bales it and they haul it to other markets.
Mr. Nisley questioned if the County was saying that it was okay to recycle cardboard as long as it went to the Recycling Center in Pratt. Commissioner Adams commented that he needed more time and he was not ready to make a decision. Commissioner Hlavachick asked if they would do a six month trial. Commissioner Adams stated that he still needed more time. Commissioner Adams added that they cannot stop him from talking to businesses. Mr. Howard commented that if it is not in our receptacles, it is not our trash. Mr. Howard commented that this would lower the cost for the City. Mayor Nystrom commented that if all the cardboard was picked up, it would probably not be a ton a day. Mr. Staab disagreed. Mayor Nystrom stated that we were not talking big numbers.
Mr. Nisley commented that trash was expensive, but the labor was more expensive. Mr. Nisley stated that he would sit tight and get with the County Commissioners in a few weeks if that was okay. Commissioner Adams commented that that would be fine.
Commissioner Taylor commented that he had no objections to doing this, but wanted the County to have time to discuss it. Commissioner Taylor commented that he would not be doing it now, but he had saved $70 a month on a City dumpster by taking it to Wichita when they are going that way anyway.
OPEN DISCUSSION:
Smoking Ordinance:
Attorney Stull commented that the County was waiting for the City to do something with the smoking ordinance and then they would do the same thing. Commissioner Rinke commented that Becky Eastes from the Uptown Café was in favor of the smoking ban.
Property taxes:
City Manager Howard asked the Commissioners if they had heard the news about Proposition K. Mr. Howard played the segment from the news for the Commissioners and the news reported that Pratt County property taxes went up 134% with a decrease in population of almost 4%. Several conversations were going on at the same time, but Mayor Nystrom explained that once his property goes off the revitalization program, he would have to refinance to pay the taxes. Commissioner Taylor commented that the farmers complain about taxes, but that they should not be taxed more and it should be more equitable.
Food Bank:
Commissioner Hlavachick commented that the Food Bank had double the people come in for help and that the volunteers were talking about a soup kitchen. Commissioner Hlavachick questioned if the building owned by the County on North Main could be used. Commissioner Reynolds commented that it did not pass the gas inspection and had a lot of problems. Commissioner Adams commented that they were going up there and could meet Commissioner Hlavachick about 2:00 p.m. Commissioner Peltier questioned why they think we need a soup kitchen. Commissioner Hlavachick stated that due to layoffs, the amount of people at the Food Bank had doubled. Mr. Howard commented that there have been a lot of layoffs in the oil patch and that they are living on unemployment. Commissioner Hlavachick commented that the soup kitchen would not be every day, but maybe three days a week.
Sheriff Chinn:
Commissioner Borho asked how Sheriff Chinn was doing at Quantico. Commissioner Adams commented that they had to run one of the first days and that was hard for him. Commissioner Reynolds joked that he had come in last. Commissioner Taylor questioned why we were sending him. Attorney Stull asked why the City had sent Chief Cavanaugh and added that if Sheriff Chinn did not want to show up for ninety days the County Commission could not do anything about it since he was an elected official. Commissioner Adams explained that Sheriff Chinn had been contacted by them after his involvement with Greensburg and elected as Sheriff of the Year.
Next meeting:
The Commissioners chose May 4th for the next City/County joint meeting at City Hall.
ADJOURN:
A motion by Commissioner Borho to adjourn. The motion was seconded by Commissioner Hlavachick and carried unanimously.
______________________________________
ERIC NYSTROM, Mayor
(SEAL)
ATTEST:
____________________________________
LUANN KRAMER, City Clerk
FEBRUARY 02, 2009
The Governing Body of the City of Pratt met in Recessed session in the Commission Room located in City Hall.
PRESENT: Eric Nystrom Mayor
Glenna Borho Commissioner
Jeff Taylor Commissioner
Bill Hlavachick Commissioner
Willy Peltier Commissioner
ALSO PRESENT: Dave Howard City Manager
LuAnn Kramer City Clerk
Ken Van Blaricum City Attorney
Charles Rinke County Commissioner
Joe Reynolds County Commissioner
Dwight Adams County Commissioner
Sherry Kruse County Clerk
Gordon Stull County Counselor
CALL TO ORDER:
Mayor Nystrom called the recessed meeting to order. The Mayor instructed the Clerk to note that all Commissioners were present.
BUSINESS:
DISCUSSION ON RECYCLING PROGRAM WITHIN THE CITY LIMITS OF PRATT:
Mayor Nystrom introduced Mr. Marvin Nisley, Nisley Brothers Trash Service, to the City and County Commissioners and explained that he was going to discuss a recycling program for the City of Pratt. Mr. Nisley stated that he had visited with the City Commission a couple of months ago on a recycling program. Mr. Nisley explained that the City wanted to visit with the County Commissioners before doing anything, which brought him to this meeting.
Mr. Nisley showed the Commissioners a brief power point presentation on the services that his company provides. Mr. Nisley explained that the cardboard recycling containers are for cardboard only and that the cardboard is taken back to Hutchinson. Mr. Nisley commented that this program would reduce landfill costs and it would be good for the customer. Mr. Nisley stated that the down side would be loss of revenue on trash service for the City and also loss of revenue at the landfill for the County. Commissioner Peltier asked what we pay monthly to go to the landfill. City Manager Howard stated that it was based on weight and at the end of the year it is ‘trued up’, which could mean that the City would owe the County or vice versa.
Commissioner Borho commented that for some reason or other, cardboard is not being recycled at the Recycling Center and that it is going to the landfill now and not the Recycling Center. Mr. Nisley commented that Pratt County has a fine Recycling Center and that he was only targeting cardboard that is currently going to the landfill.
Mr. Nisley stated that a container cost about $50 per month for the cardboard container and $60 for a mixed paper container, but it could reduce the City services by 25%. Mr. Nisley commented that he knew that it was more expensive to recycle, but it was doing what was right. Commissioner Taylor questioned the cost being a lot for a customer to pay. Mr. Nisley stated that a customer would not use both containers.
Mr. Nisley asked the County if it was okay with them to provide these services to businesses in the Pratt County area. Commissioner Hlavachick questioned how much cardboard the Recycling Center received. Mr. Dean Staab commented that the County takes in about $6,000 a year just on cardboard. Commissioner Hlavachick asked what percentages of businesses are recycling now. Mr. Staab answered that there were several including Sears, Wildlife and Parks, lumber yard, Skaggs and Bolen’s. City Manager Howard showed the Commissioners a few pictures of what the City is dealing with now. Mr. Howard commented that some businesses are not taking their cardboard to the Recycling Center and we do not care, but there is a market out there and businesses are taking advantage of that. Mayor Nystrom questioned if Mr. Nisley was going to make a proposal to different businesses and ask them to cooperate. Mr. Nisley commented that was his intention if given the approval from the City and County Commissioners. County Commissioner Joe Reynolds commented that if the customers were going to be charged $50 for a container, the County would be able to go get it themselves and charge that. Commissioner Peltier questioned if the overhead cost would be justified if they would go into the garbage business. Commissioner Reynolds commented that they would just need a trailer with a screen. Mr. Staab commented that he would hate to see revenue for Pratt County go to Reno County and that the problem was educating people and getting them to participate in the program. Commissioner Borho asked how much was going to the landfill now. Mr. Stabb answered that it was a lot. Commissioner Borho commented that the program would bring less waste to the landfill. Mr. Staab stated that they are waiting at the Recycling Center to get a full semi-truck load. Commissioner Taylor commented that he had been taking his recyclables to Wichita and had taken 33,000 lbs in the last three years. Commissioner Reynolds commented that if the City does this, they would be losing revenue also. Mr. Howard stated that there may be a loss of revenue, but it would be offset by less expenditures. Mayor Nystrom commented that trash service was not profitable.
Commissioner Borho commented that this could extend the life of the landfill. County Commissioner Adams commented that cardboard dissolves. Commissioner Hlavachick asked if the Recycling Center could hold 12 to 14% more paper. Mr. Staab stated that it could. Mr. Nisley commented that if there is room, he could dump it here. Mr. Nisley explained that he was trying to keep from having a piece of equipment coming back to Hutchinson not being utilized. Commissioner Peltier asked Mr. Nisley what advantage he would have dumping it here. Mr. Nisley stated that there would no advantage.
County Commissioner Rinke commented that he did not want to do it and that he also wanted more time to think about it. Commissioner Adams added that they did not know that this was what was going to be discussed and they did need more time to see if it would meet requirements. Commissioner Reynolds commented that he was not sure that there was going to be a charge and that Mr. Nisley would be collecting for the container and keeping the cardboard. Mayor Nystrom reminded the Commissioners that Mr. Nisley had just stated that he would dump it here at the Recycling Center. Commissioner Reynolds added that they would want to be able to offer this to customers. Commissioner Taylor commented that after putting a pencil to it, it may not be worth it and that the County has not made a lot of money on the Recycling Center. Commissioner Rinke commented that the County could get more if they haul it. Mr. Howard commented that we haul it to the landfill now and that if we are doing that, the customer is not going to pay to have it done. Attorney Gordon Stull commented that you could make it mandatory and not pick up a dumpster if it had cardboard in it. Commissioner Adams questioned if Mr. Nisley was going to stop at cardboard. Commissioner Peltier commented that it would cost the County to open up a trash service and pick up for free. Commissioner Borho commented that it would be through tax dollars and usage fees.
Mr. Howard commented that Mr. Nisley was willing to dump here at no cost to the County. Mr. Nisley stated that he could do that all day long since recyclables were not worth anything. Commissioner Borho questioned if Mr. Nisley would open up other routes outside the City. Mr. Nisley stated that materials that were not going through the Recycling Center was a County issue, but he would do that. Mr. Staab commented that the Recycling Center takes mixed paper, but not with cardboard. Commissioner Peltier commented that some people are going to mix it. Commissioner Adams commented that Mr. Nisley had a container for mixed paper. Mr. Nisley stated that they do have that container and the plant bales it and they haul it to other markets.
Mr. Nisley questioned if the County was saying that it was okay to recycle cardboard as long as it went to the Recycling Center in Pratt. Commissioner Adams commented that he needed more time and he was not ready to make a decision. Commissioner Hlavachick asked if they would do a six month trial. Commissioner Adams stated that he still needed more time. Commissioner Adams added that they cannot stop him from talking to businesses. Mr. Howard commented that if it is not in our receptacles, it is not our trash. Mr. Howard commented that this would lower the cost for the City. Mayor Nystrom commented that if all the cardboard was picked up, it would probably not be a ton a day. Mr. Staab disagreed. Mayor Nystrom stated that we were not talking big numbers.
Mr. Nisley commented that trash was expensive, but the labor was more expensive. Mr. Nisley stated that he would sit tight and get with the County Commissioners in a few weeks if that was okay. Commissioner Adams commented that that would be fine.
Commissioner Taylor commented that he had no objections to doing this, but wanted the County to have time to discuss it. Commissioner Taylor commented that he would not be doing it now, but he had saved $70 a month on a City dumpster by taking it to Wichita when they are going that way anyway.
OPEN DISCUSSION:
Smoking Ordinance:
Attorney Stull commented that the County was waiting for the City to do something with the smoking ordinance and then they would do the same thing. Commissioner Rinke commented that Becky Eastes from the Uptown Café was in favor of the smoking ban.
Property taxes:
City Manager Howard asked the Commissioners if they had heard the news about Proposition K. Mr. Howard played the segment from the news for the Commissioners and the news reported that Pratt County property taxes went up 134% with a decrease in population of almost 4%. Several conversations were going on at the same time, but Mayor Nystrom explained that once his property goes off the revitalization program, he would have to refinance to pay the taxes. Commissioner Taylor commented that the farmers complain about taxes, but that they should not be taxed more and it should be more equitable.
Food Bank:
Commissioner Hlavachick commented that the Food Bank had double the people come in for help and that the volunteers were talking about a soup kitchen. Commissioner Hlavachick questioned if the building owned by the County on North Main could be used. Commissioner Reynolds commented that it did not pass the gas inspection and had a lot of problems. Commissioner Adams commented that they were going up there and could meet Commissioner Hlavachick about 2:00 p.m. Commissioner Peltier questioned why they think we need a soup kitchen. Commissioner Hlavachick stated that due to layoffs, the amount of people at the Food Bank had doubled. Mr. Howard commented that there have been a lot of layoffs in the oil patch and that they are living on unemployment. Commissioner Hlavachick commented that the soup kitchen would not be every day, but maybe three days a week.
Sheriff Chinn:
Commissioner Borho asked how Sheriff Chinn was doing at Quantico. Commissioner Adams commented that they had to run one of the first days and that was hard for him. Commissioner Reynolds joked that he had come in last. Commissioner Taylor questioned why we were sending him. Attorney Stull asked why the City had sent Chief Cavanaugh and added that if Sheriff Chinn did not want to show up for ninety days the County Commission could not do anything about it since he was an elected official. Commissioner Adams explained that Sheriff Chinn had been contacted by them after his involvement with Greensburg and elected as Sheriff of the Year.
Next meeting:
The Commissioners chose May 4th for the next City/County joint meeting at City Hall.
ADJOURN:
A motion by Commissioner Borho to adjourn. The motion was seconded by Commissioner Hlavachick and carried unanimously.
______________________________________
ERIC NYSTROM, Mayor
(SEAL)
ATTEST:
____________________________________
LUANN KRAMER, City Clerk
Monday, February 16, 2009
2/16/09 City Commission Reg. Meeting Agenda
MONDAY
FEBRUARY 16, 2009
PRATT CITY COMMISSION – REGULAR COMMISSION MEETING
COMMISSION ROOM – 5:00 P.M.
1. CALL TO ORDER (Remind audience that meeting is being recorded and/or taped)
2. ROLL CALL
3. MINUTES – February 02, 2009 Recessed City/County Meeting
February 02, 2009 Regular Commission Meeting
4. OPEN AGENDA
5. BUSINESS:
5.1 Discussion with Commission – Loren Barker (No info for packet)
5.2 Consideration and Approval of Bid to Crush Old Concrete for Alley and Utility Cut Use – Russ Rambat, Public Works Director
5.3 Consideration and Approval of Ordinance Concerning Smoking in Public Places – Ken Van Blaricum, City Attorney (Ordinance 0903)
6. REPORTS:
6.1 City Manager
6.2 City Attorney
6.3 Department Heads
6.4 Mayor
6.5 City Commission
7. ADJOURN.
FEBRUARY 16, 2009
PRATT CITY COMMISSION – REGULAR COMMISSION MEETING
COMMISSION ROOM – 5:00 P.M.
1. CALL TO ORDER (Remind audience that meeting is being recorded and/or taped)
2. ROLL CALL
3. MINUTES – February 02, 2009 Recessed City/County Meeting
February 02, 2009 Regular Commission Meeting
4. OPEN AGENDA
5. BUSINESS:
5.1 Discussion with Commission – Loren Barker (No info for packet)
5.2 Consideration and Approval of Bid to Crush Old Concrete for Alley and Utility Cut Use – Russ Rambat, Public Works Director
5.3 Consideration and Approval of Ordinance Concerning Smoking in Public Places – Ken Van Blaricum, City Attorney (Ordinance 0903)
6. REPORTS:
6.1 City Manager
6.2 City Attorney
6.3 Department Heads
6.4 Mayor
6.5 City Commission
7. ADJOURN.
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