ORDINANCE 0903
AN ORDINANCE CONCERNING SMOKING IN PUBLIC PLACES
Whereas, numerous studies have determined that environmental tobacco smoke (ETS) is a significant source of exposure to toxic air indoor contaminants, causally associated with respiratory illnesses, including lung cancer, asthma and emphysema; and
Whereas, there is scientific research linking ETS with heart disease, responsible for an estimated 35,000 coronary heart disease deaths annually among adult nonsmokers in the United States as a result of ETS exposure; and
Whereas, ETS carcinogens and poisons pose special risk to children, the elderly, food service employees, and individuals with cardiovascular disease and/or impaired respiratory function, including asthmatics and those with obstructive airway disease; and
Whereas, ETS exposure has been causally associated with developmental, respiratory, carcinogenic and cardiovascular effects, including fatal outcomes such as sudden infant death syndrome; and
Whereas, Tobacco use is the single largest cause of preventable death in Kansas; and
Whereas, the separation of smokers from nonsmokers within the same airspace does not eliminate the exposure of nonsmokers to ETS, given that no safe level of exposure to carcinogens has been found; and
Whereas, accordingly, the Pratt City Commission recognizes that ETS poses a serious public health hazard, that nonsmokers need protection from ETS exposure and that therefore, regulation by the City Commission of the burning of tobacco in public places and places of employment is imperative in order to protect the public health and welfare of the citizens of the City of Pratt;
NOW THEREFORE BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF PRATT, KANSAS:
PURPOSE.
The purpose of this Article is to (1) improve and protect the public’s health by eliminating smoking in public places and places of employment; (2) guarantee the right of nonsmokers to breathe smoke-free air; and (3) recognize that the need to breathe smoke-free air shall have priority over the choice to smoke.
DEFINITIONS.
The following words and phrases, whenever used in this Article, shall be construed as defined in this section:
(A) Business means any sole proprietorship, partnership, joint venture, corporation or other business entity formed for profit-making purposes, including retail establishments where goods or services are sold as well as professional corporations and other entities where legal, medical, dental, engineering, architectural or other professional services are delivered.
(B) Employee means any person who is employed by an employer in consideration for direct or indirect monetary wages or profit, and any person who volunteers his or her services to a non-profit entity.
(C) Employer means any person, partnership, corporation, including a municipal corporation, or non-profit entity, which employs the services of one or more individual persons.
(D) Enclosed area means all space between a floor and ceiling which is enclosed on all sides by solid walls or windows (exclusive of door or passage ways) which extend from the floor to the ceiling, including all space therein screened by partitions which do not extend to the ceiling or are not solid, “office landscaping” or similar structures.
(E) Food Service Establishment shall mean any place in which food is served or is prepared for sale or service on the premises or elsewhere. Such term shall include, but not be limited to, fixed or mobile restaurant, coffee shop, cafeteria, short-order café, luncheonette, grill, tea room, sandwich shop, soda fountain, tavern, private club, roadside kitchen, commissary and any other private, public or nonprofit organization or institution routinely serving food and any other eating or drinking establishment or operation where food is served or provided for the public with or without charge.
(F) Licensed Premises shall mean any premises where alcoholic liquor or cereal malt beverages, or both, by the individual drink as defined by K.S.A. Chapter 41, and amendments thereto, is served or provided for consumption or use on the premises with or without charge. Such term shall include drinking establishments, Class A Private Clubs, Class B Private Clubs, and cereal malt beverage retailers, all as defined by K.S.A. Chapter 41, and amendments thereto, and this Code.
(G) Place of Employment means any enclosed area under the control of a public or private employer which employees normally frequent during the course of employment, including, but not limited to, work areas, employee lounges and restrooms, conference and classrooms, employee cafeterias and hallways. A private residence is not a “place of employment” unless it is used as a childcare, adult day care or health care facility.
(H) Private Place means any enclosed area to which the public is not invited or in which the public is not permitted, including but not limited to, personal residences or personal motor vehicles. A privately owned business, open to the public, is not a “private place.”
(I) Public Place means any enclosed area to which the public is invited or in which the public is permitted, including but not limited to, banks, educational facilities, health facilities, laundromats, public transportation facilities, reception areas, production and marketing establishments, retail service establishments, retail stores, theaters, and waiting rooms. A private residence is not a “public place.”
(J) Retail Tobacco Store means a retail store utilized primarily for the sale of tobacco products and accessories and in which the sale of other products is merely incidental.
(K) Separate Designated Smoking Area means an indoor area where smoking is allowed, physically separated from the required smoke-free restaurant or licensed premises areas, and which includes physical separation and appropriate ventilation so that smoke from those areas does not drift, permeate, or re-circulate into any smoke-free restaurant or licensed premises areas.
(L) Service Line means any indoor line at which one (1) or more persons are waiting for or receiving service of any kind, whether or not such service involves the exchange of money.
(M) Smoking means inhaling, exhaling, burning or carrying any lighted cigar, cigarette, pipe, weed, plant or combustible substance in any manner or in any form.
(N) Sports Arena means sports pavilions, gymnasiums, health spas, swimming pools, roller rinks, bowling alleys and other similar places where members of the general public assemble either to engage in physical exercise, participate in athletic competition, or witness sports events.
PROHIBITION OF SMOKING IN PUBLIC PLACES.
On and after May 1, 2009, Smoking shall be prohibited in all enclosed public places within the City of Pratt, including, but not limited to, the following places:
(A) Elevators.
(B) Restrooms, lobbies, reception areas, hallways, and any other common-use areas.
(C) The airport, and other facilities and means of public transit in the City of Pratt, as well as ticket, boarding, and waiting areas of public transit depots.
(D) Service lines.
(E) Retail stores.
(F) All areas available to and customarily used by the general public in all businesses and non-profit entities patronized by the public, including, but not limited to, attorneys’ offices, and other offices, banks, laundromats, hotels, and motels.
(G) Food service establishments and licensed premises, except for the following:
(1) Smoking may be permitted in the outdoor or sidewalk seating portions of a restaurant or licensed premises if the outdoor or sidewalk seating area and the indoor smoke-free restaurant or licensed premises area are physically separated.
(2) Smoking may be allowed in a restaurant or licensed premises between 10:30 p.m. and 5:00 a.m. under the following circumstances: during that time a proprietor of a restaurant or licensed premises may designate a smoking area in accordance with KSA 21-4009 et seq. This provision shall expire at midnight on January 4, 2010. On and after January 5, 2010, smoking will not be permitted in a restaurant or licensed premises.
The City Inspector is authorized to make reasonable requirements and determinations consistent with the building code and this ordinance with regard to physical separation and appropriate ventilation in any case where those requirements need to be applied to smoke-free restaurant or licensed premises areas adjacent or connected to areas in which smoking is permitted.
(H) Galleries, libraries, museums, and grounds.
(I) Any facility which is primarily used for exhibiting any motion picture, stage, drama, lecture, musical recital or other similar performance, except that performers may smoke when the smoking is a part of a stage production.
(J) Sports arenas and convention halls, including bowling facilities.
(K) Every room, chamber, place of meeting or public assembly, including school buildings under the control of any board, council, commission, committee, including joint committees, or agencies of the City of Pratt or any political subdivision of the State during such time as a public meeting is in progress, to the extent such place is subject to the jurisdiction of the City of Pratt.
(L) Waiting rooms, hallways, wards and semiprivate rooms of health facilities, including, but not limited to, hospitals, clinics, physical therapy facilities, doctors’ offices, and dentists’ offices.
(M) Lobbies, hallways, and other common areas in apartment buildings, condominiums, trailer parks, retirement facilities, nursing homes, and other multiple-unit residential facilities.
(N) Polling places.
(O) Private clubs and fraternal organization facilities.
PROHIBITION OF SMOKING IN PLACES OF EMPLOYMENT.
(A) Smoking shall be prohibited in all enclosed places of employment within the City of Pratt, subject to the exceptions set out herein.
(B) It shall be the responsibility of employers to provide a smoke-free workplace for all employees.
(C) Each employer having any enclosed place of employment located within the City of Pratt shall adopt, implement, make known and maintain, a written smoking policy which shall contain the following requirements:
Smoking shall be prohibited in all enclosed facilities within a place of employment without exception. This includes common work areas, auditoriums, classrooms, conference and meeting rooms, private offices, elevators, hallways, medical facilities, cafeterias, employee lounges, stairs, restrooms, vehicles, and all other enclosed facilities.
(D) The smoking policy shall be communicated to all employees within four (4) weeks of the adoption of this ordinance.
(E) All employers shall supply a written copy of the smoking policy upon request to any existing or prospective employee.
ADDITIONAL DECLARATION OF NON-SMOKING ESTABLISHMENT.
Notwithstanding any other provision of this Article, any owner, operator, manager or other person who controls any establishment described in this Article may declare that entire establishment as a non-smoking establishment.
APPLICATION OF ARTICLE TO CITY-OWNED FACILITIES.
All enclosed facilities owned by the City of Pratt shall be non-smoking at all times notwithstanding other provisions of this Article.
WHERE SMOKING IS NOT REGULATED: PRIVATE AND PUBLIC PLACES.
Notwithstanding any other provision of this Article to the contrary, the following areas shall not be subject to the smoking restrictions of this Article:
(A) Private residences, except when used as a childcare, adult day care or health care facility; (B) No more than twenty-five percent (25%) of hotel and motel rooms rented to guests.
(C) Retail tobacco stores.
(D) Restaurants, hotel and motel conference or meeting rooms and public and private assembly rooms while such places are being used for private functions except while contracted food or beverage service functions are taking place (including set-up, service and clean-up activities or when the room is used for exhibit activities).
(E) Outdoor places of employment except those otherwise covered by this Article.
(F) Private places.
POSTING OF SIGNS.
(A) The owner, manager or other person having control of such building or other areas where smoking is prohibited by this Article shall have a conspicuously posted sign clearly stating that smoking is prohibited at each entrance and within the building or other areas where smoking is prohibited.
(B) Such "No Smoking" signs shall have bold lettering of not less than one (1) inch in height. The international "No Smoking" symbol may also be used (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with red bar across it).
(C) All ashtrays and other smoking paraphernalia shall be limited in facilities to that required for the enforcement of extinguishing of smoking materials in public places.
ENFORCEMENT.
(A) The Chief of Police shall be responsible for enforcing the provisions of this Article within the City.
(B) Notice of the provisions set forth in this article shall be given to all applicants for a City business license and liquor or drinking establishment license.
(C) Any person may register a complaint under this Article to initiate enforcement with the Police Chief.
(D) Any owner, manager, operator or employee of any establishment regulated by this Article shall be responsible for informing persons violating this Article of the provisions through appropriate signage.
NON-RETALIATION.
No person or employer shall discharge, refuse to hire or in any manner retaliate against any employee, applicant for employment or customer because such employee, applicant or customer exercises any right to a smoke free environment afforded by this Article.
VIOLATIONS AND PENALTIES.
(A) It shall be unlawful for any person who owns, manages, operates or otherwise controls the use of any premises subject to regulation under this Article to fail to comply with all of its provisions, except for violations noted in Section (B) below.
(B) It shall be unlawful for any person to smoke in any area where smoking is prohibited by the provisions of this Article.
(C) Any person who violates any provision of this Article shall be guilty of a misdemeanor, punishable by:
1. A fine not exceeding One Hundred Dollars ($100.00) for the first violation.
2. A fine not exceeding Two Hundred Dollars ($200.00) for a second violation within a one (1) year period of the first violation.
3. A fine not exceeding Five Hundred Dollars ($500.00) for an additional violation within a one (1) year period of the first violation.
OTHER APPLICABLE LAWS.
This Article shall not be interpreted nor construed to permit smoking where it is otherwise restricted by other applicable laws.
SEVERABILITY.
If any provision, clause, sentence or paragraph of this Article or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the other provisions of this Article which can be given effect without the invalid provision or application, and to this end the provisions of this Article are declared to be severable.
EFFECTIVE DATE
This ordinance shall take effect and be in force from and after its publication in the official City newspaper.
Passed by the Governing Body this 2nd day of February, 2009.
ERIC NYSTROM, Mayor
(SEAL)
ATTEST:
__________________________________
LUANN KRAMER, City Clerk
Friday, April 24, 2009
Monday, April 20, 2009
04/06/09-Approved City Commission Minutes
MONDAY
APRIL 06, 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
Russ Rambat Public Works Director
Steve Holmes Chief of Police
Brad Blankenship Building Inspector
Kelly Hemphill Dir. of Electric Utilities
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.
MINUTES:
A motion by Commissioner Borho to approve the minutes of the March 16, 2009 regular Commission meeting. The motion was seconded by Commissioner Taylor and carried with four approved votes and one abstained vote from Commissioner Hlavachick.
OPEN AGENDA:
Charles Phillippe’s complaint:
Mr. Charles Phillippe from 319 Champa Street addressed the Commission concerning his complaints about his neighbors at 321 Champa Street. Mr. Phillippe stated that there was a motor home in the back yard and there was no access to the back yard without coming onto his property and there were vehicles in the front yard sometimes a week at a time when there was adequate parking in the street. Mr. Phillippe commented that there was ‘burning out’ and throwing dirt when they left the residence, which caused damage to his personal vehicle that was in his driveway.
Mr. Phillippe continued with a complaint concerning the building addition that had no proper roof or foundation and he did not believe that they had the proper permit for the addition. Mr. Phillippe stated that he had contacted the building inspector on March 26, 2009, but the snow storm hit and he had not heard back from him yet.
Mr. Phillippe stated that his complaint to the City Commission was that there was not an ordinance preventing vehicles to park in this manner. Mr. Phillippe commented that this property brings down the value of his and it could spread from block to block. Mr. Phillippe stated that he felt the vehicles were a fire danger since all vehicles were required to have catalytic convertors and can get hot. Mr. Phillippe stated that an ordinance would stop this and he brought pictures and a sample ordinance for the Commission to consider. Mr. Phillippe commented that an addition to the existing ordinance could contain statements pertaining to parking in established driveways and that a permit would be required if expanded parking was requested. Mr. Phillippe suggested exemptions such as unloading heavy objects, moving in or out of a residence, assisting the elderly or handicapped or to protect from a natural disaster and that any other reasons would require a permit.
Mayor Nystrom questioned if the back lot could only be accessed by utilitizing Mr. Phillippe’s property. Mr. Phillippe commented that they could probably squeak by, but the motor home had to utilize his property. Commissioner Borho asked how long the motor home had been in the back yard. Mr. Phillippe stated that it went in some time last year. Mayor Nystrom asked if the vehicles were tagged. Mr. Phillippe stated that they were. Commissioner Borho questioned if the other neighbors were also upset about the situation. Mr. Phillippe commented that they were.
The Commission thanked Mr. Phillippe for taking the time to bring this to their attention and that they would take his suggestions under advisement.
Jim Zeltner’s comments:
Mr. Jim Zeltner of 219 Edgeford Drive thanked the City Manager, employees and Commission for a job well done during the blizzard. Mr. Zeltner commented that he had to take a panel out of his door to get out and that City crews were on the job. Mr. Zeltner stated that he had visited with the County Commission and thanked them for opening up the road on Walnut Street and Larimer Street on the request of Mark McManaman. Mr. Zeltner commented that he had told the County Commission that at one time, the two Commissions did not even wave at each other and it was nice to have the County staff help a bit. Mr. Zeltner stated that management had surrounded himself with good people and he appreciated the hourly wage employees and the leaders who were on straight time. Mr. Zeltner commented that he was compelled to thank the Commission for supporting City staff.
Brenna Thomas statement:
Ms. Brenna Thomas addressed the Commission concerning a phone call from the City Manager on Wednesday dealing with her letter to the editor. Ms. Thomas stated that the City Manager had told her that he did not appreciate her opinion and he did not know where she had gotten her information as her statements and accusations were false, but he knew what her intentions were and they were not going to work and he wanted her to retract her opinion. Ms. Thomas commented that this has changed her views on the City and who was working for us. Ms. Thomas added that he would not tell her where he had gotten her personal cell phone number. City Manager Howard interrupted and said that he had said that he got it from his staff and that he had said that he did not know what her intentions were. Mr. Howard added that everything else she had said was true.
Mayor Nystrom questioned what her issues were and what she wanted the City Council to do. Ms. Thomas stated that she was being robbed of her freedom and wanted the Commission to reevaluate the City Manager. Mayor Nystrom stated that he did not understand. Ms. Thomas commented that Mr. Howard does not have the right to call her on City time and demand a retraction of her freedom of speech because he did not like what she had written. Mayor Nystrom commented that the City Manager does not have work hours.
Mr. Howard commented that he asked why she had put untrue statements in the paper. Ms. Thomas commented that she had not seen the firefighters thanked and had thrown in the statement about the City Manager. Mr. Howard stated that he could not help what the paper printed in the article, but he had asked Mr. Gale Rose of the Pratt Tribune to thank the firefighters and he had no control over what he did print. Mr. Howard commented that he had thanked the firemen and if he did not, it was the first time. Mr. Howard repeated that he did not control the paper and that the paragraph had quoted Mark McManaman, the new Emergency Management Director and himself and they had thanked all the agencies for their help and that included the firemen.
Ms. Thomas stated that he did not have a right to call her. Commissioner Taylor commented that people have a right to defend themselves and the City Manager had a right to call to do that. Mr. Howard commented that he had called to ask what it was about. Ms. Thomas stated that she had been asked to retract her statement and that was her opinion. Mr. Howard commented that he thought she should retract the statement, but she did not have to Ms. Thomas stated that she was not going to retract the statement. Mr. Howard stated that he did not care and that was fine.
Pam Hensley statement:
Ms. Pam Hensley of 501 North Pine, mother of Ms. Thomas stated that Mr. Howard can say what he wants, but that her daughter had miscarried this weekend after he had called. Ms. Hensley commented that the City had dropped the ball on this snow storm and that it was private individuals that got us out. Ms. Hensley stated that she did not see any snow plows out on Friday or Saturday.
BUSINESS:
CONSIDERATION AND APPROVAL OF EXTENSION OF ELECTRICAL SERVICES NORTHWEST OF THE CITY:
Mr. Blake Himmelwright commented that he was before the Commission on behalf of the Pauline Miller Trust and was requesting electrical service to property northwest of the City. Mr. Himmelwright pointed out the real estate of 240 acres on an overhead map and stated that Mr. Rod Seidel and he have a proposed plat. Mr. Himmelwright commented that the City lines already run north and south of the feedlot and he would grant a City easement for power that would be an extension of New Street and Logan Street. Mr. Himmelwright asked that the request for electrical service be without annexation.
City Manager Howard commented that the City’s policy was that if property was adjoining, they have to annex to extend our utilities. Mayor Nystrom commented that this would be a voluntary annexation. Mr. Himmelwright commented that if they have to annex to get service, they would reevaluate and that they were not asking for water and sewer services. Mayor Nystrom asked what the down side of annexation would be. Mr. Himmelwright commented that there would be an increase in property taxes and would diminish their profits. Mr. Himmelwright commented that the property would continue to be agriculture and he was not sure what the increase in taxes would be. Commissioner Taylor questioned if annexation could start once a building went on a lot. Mr. Howard commented that you could if the lots were sold that were not contiguous with the City, but that it would be more complicated. Mr. Howard added that if properties were not sold, it would be a checker board.
Commissioner Peltier clarified that they were only asking for electrical services. Mr. Himmelwright stated that was correct. Mayor Nystrom commented that the access would come off of tax payer’s properties and maintained by those tax payers and that he would have access without paying taxes. Mr. Himmelwright commented that most access was on County roads.
Commissioner Borho questioned if the land had been tested for sewer and water. Mr. Himmelwright commented that he was currently coming before the Commission to see if the plat layout was okay. Mr. Himmelwright questioned if water would be extended if he went for annexation. Commissioner Borho commented that the developer pays for that cost. Mayor Nystrom commented that if there was to be an extension, the City would aid them and do what we could. Mayor Nystrom added that we were all for the City growing.
Mr. Himmelwright questioned if the Commission could tell if the plat would be okay or if it would require annexation. Mr. Howard commented that the best for everybody would be an annexation so there would be an extension of water and sewer. Mr. Howard added that to extend water and sewer for twelve lots would be cost prohibitive.
Mr. Rod Seidel commented that if they were going to have to annex, they might break it down to smaller lots. Mr. Seidel added that he had thought about building out there, but would need electrical service and he was for the growth of Pratt. Mr. Howard stated that if the real estate was annexed, the City would make utilities accessible. Mr. Howard added that the developer pays for that and the City would pay for the extension of the water lines.
Mr. Himmelwright commented that his intent was to come up with something that did not require improvement, so he had come up with the larger parcels. Commissioner Peltier questioned if it could be REA’s if the City would not extend utilities. Mr. Howard commented that they could not as it was our territory, although we can allow another electrical provider into our territory. Commissioner Borho questioned if it would have to be approved by the KCC. Mr. Howard commented that he was not sure if we were in agreement to let them infringe into our territory. Mr. Howard added that REA would traditionally have to pay for the total cost.
Commissioner Taylor questioned how far out this property was. Mr. Seidel stated that it was out by the old dog pound about a mile and a half. Mr. Himmelwright added that it was on the City of Pratt line and would be an extension off of his place. Commissioner Peltier commented that there was electricity on the east side of Mr. Seidel’s lot. Mr. Seidel commented that it was off of Commissioner Peltier’s property and that it would be cheaper to split the cost down to New Street. Mr. Himmelwright commented that it would also be more cost effective as well with any road improvements and reminded the Commission that he was not asking for curb or gutter, but a usable road. Mayor Nystrom stated that this was in the 2009 budget, but he was not sure that it was going to happen. Mr. Seidel commented that a lot of people use that road.
Commissioner Borho questioned if the subject of annexing was nil. Mr. Himmelwright stated that he was not saying that and he would have to push a pencil to it and look at the taxes. Commissioner Borho commented that the City cannot have growth if it is in the County.
Commissioner Borho commented that these were very large plats of land. Commissioner Hlavachick asked if the Planning and Zoning Commission would be looking at this. Mr. Howard commented that they would be, but you have to have a preliminary plat and there is an expense to that. Mr. Howard added that Mr. Himmelwright wanted to know if he had to annex to be extended electrical services before deciding what his next move would be. Commissioner Peltier questioned if the City had to provide trash, water and sewer if it was annexed. Mr. Howard stated that you do not on a voluntary annexation. Commissioner Peltier questioned if we could get away with just electricity. Mr. Howard commented that he believed so, but he would have to research that. Commissioner Peltier commented that a sewer line would be cost prohibitive. Mr. Himmelwright stated that he was not planning on that anyway.
Commissioner Peltier commented that if the expensive items were not on the City, it seemed pretty doable and questioned if a blacktop road would be voted on. Mr. Howard commented that we would need to get to the electrical services. Commissioner Taylor questioned if we knew what the cost would be to extend the street. Mr. Howard stated that he did not. Commissioner Borho reminded the Commission and staff that Mr. Himmelwright had stated that it did not have to be paved, but asphalt would be fine. Mr. Himmelwright commented that it would have to be resurveyed also. Commissioner Taylor commented that we would need to put a pencil to it also and that he was not opposed to it. Commissioner Taylor stated that annexation would be great and asked if this would be on the agenda. Mr. Howard commented that he could get the cost on the improvement together.
Commissioner Borho commented that the last time Mr. Seidel was here, he had talked about multiple lots. Mr. Seidel stated that that was sixteen acres and he was looking at the cost, the sale of the parcels, and what works best. Mr. Seidel commented that he was in limbo which way to go and he did not want to step on anyone’s toes. Mr. Himmelwright commented that he had talked to realtors and larger parcels were selling for better money. Commissioner Borho questioned the concept of what would be in the City and if it would be like the Country Estates. Mr. Seidel commented that they were open to suggestions from the Commission and that was one of the reasons they were here. Mr. Himmelwright commented that they did not want to hassle with a full scale development, because that was risky in Pratt and they do not have any specials. Commissioner Borho asked if they had thought about doing what Mr. Bill Robbins had done on Tenth Street. Mr. Seidel commented that they had one thing against them, which was being on the wrong side of the tracks and that causes issues that would have to be taken care of.
Commissioner Peltier commented that there was a lot of building going on. Mayor Nystrom commented that it would give the Commission something to think about. Mr. Himmelwright commented that he would be on the next agenda. Mayor Nystrom commented that if the Commission gives the okay and the lots sit for three to five years, they could replat then and still have electrical service. Mr. Himmelwright added that there would not have to be any poles until necessary. Mr. Himmelwright questioned if a person has to come to the Commission and ask to replat or revise a plat. Commissioner Borho answered that you do that through the Planning and Zoning Commission and then they make a recommendation to the Commission. Commissioner Peltier commented that there are flood zone issues in part of that property. Mayor Nystrom commented that that has no bearing on this issue.
Mayor Nystrom commented that he appreciated the concept of what they were doing and asked them to return to the next meeting with some figures. Commissioner Taylor commented that the Commission would also have time to look at the figures before the next meeting.
CONSIDERATION AND APPROVAL OF THE APPOINTMENT OF DIRECTOR #1 ON THE KMEA BOARD OF DIRECTORS:
Commissioner Hlavachick made a motion to leave the Directors on the KMEA Board as they are since it had worked up to now. The motion was seconded by Commissioner Taylor and carried unanimously.
CONSIDERATION AND APPROVAL OF EMP2 NATURAL GAS MANAGEMENT SERVICES AGREEMENT BETWEEN KMEA AND CITY OF PRATT:
Mr. Kenny Kreutzer, Energy Agent for the City of Pratt, addressed the Commission on the gas agreement. Mr. Kreutzer commented that for the last ten years the City had done business with ONEOK and their agreement had always been renewable. Mr. Kreutzer explained that Rainbow Energy Marketing Company had come to the City of Pratt and stated that they could get us a better price for gas. Mr. Kreutzer stated that they had put a proposal together and he was recommending the Commission’s approval.
City Manager Dave Howard commented that we need to look at what we can purchase energy at and the missing component of arranging our own gas had been that we never really know what our price of gas is going to be. Mr. Howard added that with this contract we would be able to say who would get the better price for generated energy.
Commissioner Borho asked if Rainbow Energy Marketing Company was a broker and buying from many different companies. Mr. Kreutzer stated that was correct and that we could be buying from the same people, but at a better price. Mr. Kreutzer commented that Russell and Pratt are the ones that produce.
Mr. Howard stated that we had asked for a provision of a thirty day out. Mr. Howard explained that if we do not think they are doing a better job than in the past, we would bring it back to the Commission and ask to get out. Commissioner Borho asked about KMEA’s market service fees. Mr. Kreutzer stated that we would be buying directly from Rainbow and KMEA would not be making any money. Mr. Kreutzer explained that the fees for KMEA would be what Rainbow Energy Marketing Company would have and by doing a contract with KMEA, Rainbow would be making the money.
Commissioner Hlavachick commented that he felt we should try this and that it was a reasonable way to get a handle on cheaper gas. Mayor Nystrom questioned Mr. Kreutzer if he would be monitoring this. Mr. Kreutzer stated that he would and that he would advise the City Manager and Commission if it would be cheaper to go back to ONEOK. Commissioner Peltier clarified that we can get out with thirty days notice. Mr. Howard stated that this was a twenty-two month contract, but that we can terminate it with a thirty day written notice.
Commissioner Peltier questioned if they ‘maybe can’ get us a better price or they ‘can’. Mr. Kreutzer stated that they do not guarantee it, but they will tell us every time they can. Commissioner Peltier asked if we were tied into this contract for at least thirty days. Mr. Howard explained that this company buys gas for several entities and they have access to markets that we do not. Mr. Howard added that we have been going around with them for three months to get this contract.
Commissioner Borho questioned if there would ever be a situation where ONEOK would say that they do not want to deal with us. Mr. Kreutzer stated that they would take us back. Mayor Nystrom asked if we were paying them for transportation. Mr. Howard stated that we were paying them and others depending on where Rainbow Energy Marketing Company was purchasing from. Mr. Kreutzer commented that if ONEOK comes back with a lower price, we want to go with the best that we can and we do have a good relationship with ONEOK.
City Attorney Ken Van Blaricum stated that this was contract that was good to form. The following contract was then presented to the Commission for their approval: ENERGY MANAGEMENT PROJECT NO. 2, NATURAL GAS MANAGEMENT SERVICES AGREEMENT BETWEEN KANSAS MUNICIPAL ENERGY AGENCY AND CITY OF PRATT, KS. A motion by Commissioner Hlavachick to accept the contract between KMEA and the City of Pratt in regards to natural gas. The motion was seconded by Commissioner Borho and carried unanimously.
REPORTS:
Valuations by County:
City Manager Howard commented that he had gone through the valuation reports from the County on City property and even though we are not taxed, the valuations were up 50% to 100%. Mr. Howard stated that he had visited with DJ at the Appraisers Office and he had told him that communities had found out that in a disaster situation, FEMA had gone off of valuations that were old. Mr. Howard explained that City property would be evaluated like all others. Mr. Howard added that Sanders Insurance had said that they go for replacement cost and this was not going to affect our insurance costs. Mayor Nystrom questioned if this would have an impact on grants. Mr. Howard commented that it had never been an issue, but it may in the future.
Executive Session:
Mr. Howard requested an executive session at the end of the meeting for non-elected personnel to last thirty minutes.
Information on snow storm:
Public Works Director Russ Rambat shared information with the Commission concerning the snow storm last weekend. Mr. Rambat commented that this was an extraordinary event and the City had done the best we could with what we had. Mr. Rambat stated that from March 27th to April 1st, the City had fourteen employees with 292.5 hours of overtime adding up to $7,000.83 and selected contractors had 56 hours amounting to $3,870.83. Mr. Howard commented that the City had done a good job. Mayor Nystrom echoed that statement.
Commissioner Peltier questioned if there was anything we would be capable of changing. Mr. Rambat stated he did not think that any City could have handled this head on. Mr. Rambat explained that the City could not justify purchasing pieces of equipment, such as road graters, for a rare storm like this one. Mr. Rambat commented that along with the fire department and County workers, we did the best we could. Mr. Rambat stated that he would have liked to get to every street, not only the snow routes, but they had kept moving as best they could with the storm being as severe as it was.
Commissioner Peltier asked if we had equipment that had a blade. Mr. Rambat stated that there is always a time when you can use more equipment, but we had proven in the past that we can handle a snow load.
Mr. Howard commented that the storm was about moving snow. Mr. Howard stated that he had visited with Mr. Mark McManaman about 1:00 a.m. concerning emergency services not getting where they would need to go. Mr. Howard explained that the solution was to provide a road grater for them by the County and that left the City to focus on snow removal and other issues such as looking for people.
Mr. Howard commented that every street had cars on both sides of the street and you have to be careful, which means that you could not do those streets after dark. Commissioner Peltier commented that he appreciated the help with emergency personnel getting to and from work. Mr. Rambat commented that the road grater was the only thing that could stay mobile and he thanked the Commission for letting the City purchase four wheel drive vehicles. Mr. Rambat added that those vehicles were immeasurable and had gotten them around where they needed to go.
Electric side of storm:
Director of Electric Utilities Kelly Hemphill commented that on the electric side of the storm, there were not many outages. Mr. Hemphill stated that rural outages were difficult to get to, but by Saturday they had come back on. Mr. Hemphill explained that there was one man on call from distribution and he did what he could.
Mr. Hemphill stated that the plant operators had gotten the diesel up in case it was needed and had also gotten the boiler prepared for lighting if necessary.
Mr. Hemphill stated that the four wheel drive vehicles were the only way to get personnel to the power plant and they did well. Mr. Hemphill commented that snow is not as difficult as ice and that the tree trimming had helped. Mr. Howard added that some lines had been rebuilt and can now withstand more.
FEMA:
Mr. Hemphill stated that FEMA was now obligated and the money was to be handed down to the State. Mr. Hemphill commented that it would amount to about $423,000. Commissioner Borho thanked Mr. Hemphill for his work on getting that done.
Jamie Huber on advertisement:
Mr. Hemphill commented that Mr. Jamie Huber had gone on his own to tour the Huskie Tool Company and had written an essay about their tools. Mr. Hemphill explained that Mr. Huber did not receive anything but the opportunity to view tools and the factory and that this was a unique opportunity to be in a publication. Commissioner Borho commented that the magazine probably had a nice distribution and this would be a feather in our cap.
Storm comments:
Police Chief Steve Holmes commented that he had never seen anyone get rid of that much snow and that the sun did help. Chief Holmes thanked everyone who helped pull his guys out.
Sales tax report:
Finance Director Diana Garten presented the sales tax report to the Commission. Ms. Garten stated that this was sales tax thru March based on January sales and that the City was about $42,000 above last year.
Recognition of City employees:
Mayor Nystrom recognized Harley Dancaster, Devin Shaffer, Roy Sinclair and Gavin Ezell for continuing their education.
Doggie bowls:
Commissioner Borho stated that she had received an e-mail requesting a doggie bowl at Lemon’s Park by the fountain similar to the one in Sixth Street Park. Commissioner Borho added that if we needed donations for this, we could contact this person.
Storm e-mail:
Commissioner Borho stated that she had received another e-mail addressing street issues during the snow storm and how things were handled. Commissioner Borho commented that she had stopped by this person’s home and visited with them about the fact that people parked on the snow route streets and that there were 58.7 miles of street in Pratt. Commissioner Borho added that in previous years, the snows had been much less in volume and people had been unhappy about the City blading and having drifts. Commissioner Borho explained that the City was trying to rut the roads. Commissioner Borho stated to this person that there is a lot of misinformation out there and that if the Commission is asked something they do not know the answer to, they would find it.
Storm comments:
Commissioner Taylor commented that he had to bust through a 15’ drift to take his wife to work and had later gotten stuck. Commissioner Taylor stated that it was pretty neat to see people working together like in a natural disaster. Commissioner Taylor recalled that in 1971 there was no four wheel drive, it was winter and far more snow than this time.
Commissioner Taylor added that good work had been done by the City and it made it hard when you have to shovel through 2 ½’ of snow to get to where you have your equipment. Commissioner Taylor commented that he appreciated the volunteers and that without the citizens help, it would have been more difficult.
People helping people:
Commissioner Hlavachick commented that his neighbor had been pulled out by the grater so that he could get to work. Commissioner Hlavachick stated that the best part of the storm was people helping others.
EXECUTIVE SESSION:
Mayor Nystrom made a motion to enter into executive session for non-elective personnel to last thirty minutes coming out with nothing to report. The motion was seconded by Commissioner Taylor and carried unanimously.
A motion by Mayor Nystrom to return from executive session with nothing to report. The motion was seconded by Commissioner Borho and carried unanimously.
ADJOURN:
A motion by Commissioner Taylor to adjourn. The motion was seconded by Commissioner Hlavachick and carried unanimously.
____________________________________
ERIC NYSTROM, Mayor
(SEAL)
ATTEST:
___________________________________
LUANN KRAMER, City Clerk
APRIL 06, 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
Russ Rambat Public Works Director
Steve Holmes Chief of Police
Brad Blankenship Building Inspector
Kelly Hemphill Dir. of Electric Utilities
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.
MINUTES:
A motion by Commissioner Borho to approve the minutes of the March 16, 2009 regular Commission meeting. The motion was seconded by Commissioner Taylor and carried with four approved votes and one abstained vote from Commissioner Hlavachick.
OPEN AGENDA:
Charles Phillippe’s complaint:
Mr. Charles Phillippe from 319 Champa Street addressed the Commission concerning his complaints about his neighbors at 321 Champa Street. Mr. Phillippe stated that there was a motor home in the back yard and there was no access to the back yard without coming onto his property and there were vehicles in the front yard sometimes a week at a time when there was adequate parking in the street. Mr. Phillippe commented that there was ‘burning out’ and throwing dirt when they left the residence, which caused damage to his personal vehicle that was in his driveway.
Mr. Phillippe continued with a complaint concerning the building addition that had no proper roof or foundation and he did not believe that they had the proper permit for the addition. Mr. Phillippe stated that he had contacted the building inspector on March 26, 2009, but the snow storm hit and he had not heard back from him yet.
Mr. Phillippe stated that his complaint to the City Commission was that there was not an ordinance preventing vehicles to park in this manner. Mr. Phillippe commented that this property brings down the value of his and it could spread from block to block. Mr. Phillippe stated that he felt the vehicles were a fire danger since all vehicles were required to have catalytic convertors and can get hot. Mr. Phillippe stated that an ordinance would stop this and he brought pictures and a sample ordinance for the Commission to consider. Mr. Phillippe commented that an addition to the existing ordinance could contain statements pertaining to parking in established driveways and that a permit would be required if expanded parking was requested. Mr. Phillippe suggested exemptions such as unloading heavy objects, moving in or out of a residence, assisting the elderly or handicapped or to protect from a natural disaster and that any other reasons would require a permit.
Mayor Nystrom questioned if the back lot could only be accessed by utilitizing Mr. Phillippe’s property. Mr. Phillippe commented that they could probably squeak by, but the motor home had to utilize his property. Commissioner Borho asked how long the motor home had been in the back yard. Mr. Phillippe stated that it went in some time last year. Mayor Nystrom asked if the vehicles were tagged. Mr. Phillippe stated that they were. Commissioner Borho questioned if the other neighbors were also upset about the situation. Mr. Phillippe commented that they were.
The Commission thanked Mr. Phillippe for taking the time to bring this to their attention and that they would take his suggestions under advisement.
Jim Zeltner’s comments:
Mr. Jim Zeltner of 219 Edgeford Drive thanked the City Manager, employees and Commission for a job well done during the blizzard. Mr. Zeltner commented that he had to take a panel out of his door to get out and that City crews were on the job. Mr. Zeltner stated that he had visited with the County Commission and thanked them for opening up the road on Walnut Street and Larimer Street on the request of Mark McManaman. Mr. Zeltner commented that he had told the County Commission that at one time, the two Commissions did not even wave at each other and it was nice to have the County staff help a bit. Mr. Zeltner stated that management had surrounded himself with good people and he appreciated the hourly wage employees and the leaders who were on straight time. Mr. Zeltner commented that he was compelled to thank the Commission for supporting City staff.
Brenna Thomas statement:
Ms. Brenna Thomas addressed the Commission concerning a phone call from the City Manager on Wednesday dealing with her letter to the editor. Ms. Thomas stated that the City Manager had told her that he did not appreciate her opinion and he did not know where she had gotten her information as her statements and accusations were false, but he knew what her intentions were and they were not going to work and he wanted her to retract her opinion. Ms. Thomas commented that this has changed her views on the City and who was working for us. Ms. Thomas added that he would not tell her where he had gotten her personal cell phone number. City Manager Howard interrupted and said that he had said that he got it from his staff and that he had said that he did not know what her intentions were. Mr. Howard added that everything else she had said was true.
Mayor Nystrom questioned what her issues were and what she wanted the City Council to do. Ms. Thomas stated that she was being robbed of her freedom and wanted the Commission to reevaluate the City Manager. Mayor Nystrom stated that he did not understand. Ms. Thomas commented that Mr. Howard does not have the right to call her on City time and demand a retraction of her freedom of speech because he did not like what she had written. Mayor Nystrom commented that the City Manager does not have work hours.
Mr. Howard commented that he asked why she had put untrue statements in the paper. Ms. Thomas commented that she had not seen the firefighters thanked and had thrown in the statement about the City Manager. Mr. Howard stated that he could not help what the paper printed in the article, but he had asked Mr. Gale Rose of the Pratt Tribune to thank the firefighters and he had no control over what he did print. Mr. Howard commented that he had thanked the firemen and if he did not, it was the first time. Mr. Howard repeated that he did not control the paper and that the paragraph had quoted Mark McManaman, the new Emergency Management Director and himself and they had thanked all the agencies for their help and that included the firemen.
Ms. Thomas stated that he did not have a right to call her. Commissioner Taylor commented that people have a right to defend themselves and the City Manager had a right to call to do that. Mr. Howard commented that he had called to ask what it was about. Ms. Thomas stated that she had been asked to retract her statement and that was her opinion. Mr. Howard commented that he thought she should retract the statement, but she did not have to Ms. Thomas stated that she was not going to retract the statement. Mr. Howard stated that he did not care and that was fine.
Pam Hensley statement:
Ms. Pam Hensley of 501 North Pine, mother of Ms. Thomas stated that Mr. Howard can say what he wants, but that her daughter had miscarried this weekend after he had called. Ms. Hensley commented that the City had dropped the ball on this snow storm and that it was private individuals that got us out. Ms. Hensley stated that she did not see any snow plows out on Friday or Saturday.
BUSINESS:
CONSIDERATION AND APPROVAL OF EXTENSION OF ELECTRICAL SERVICES NORTHWEST OF THE CITY:
Mr. Blake Himmelwright commented that he was before the Commission on behalf of the Pauline Miller Trust and was requesting electrical service to property northwest of the City. Mr. Himmelwright pointed out the real estate of 240 acres on an overhead map and stated that Mr. Rod Seidel and he have a proposed plat. Mr. Himmelwright commented that the City lines already run north and south of the feedlot and he would grant a City easement for power that would be an extension of New Street and Logan Street. Mr. Himmelwright asked that the request for electrical service be without annexation.
City Manager Howard commented that the City’s policy was that if property was adjoining, they have to annex to extend our utilities. Mayor Nystrom commented that this would be a voluntary annexation. Mr. Himmelwright commented that if they have to annex to get service, they would reevaluate and that they were not asking for water and sewer services. Mayor Nystrom asked what the down side of annexation would be. Mr. Himmelwright commented that there would be an increase in property taxes and would diminish their profits. Mr. Himmelwright commented that the property would continue to be agriculture and he was not sure what the increase in taxes would be. Commissioner Taylor questioned if annexation could start once a building went on a lot. Mr. Howard commented that you could if the lots were sold that were not contiguous with the City, but that it would be more complicated. Mr. Howard added that if properties were not sold, it would be a checker board.
Commissioner Peltier clarified that they were only asking for electrical services. Mr. Himmelwright stated that was correct. Mayor Nystrom commented that the access would come off of tax payer’s properties and maintained by those tax payers and that he would have access without paying taxes. Mr. Himmelwright commented that most access was on County roads.
Commissioner Borho questioned if the land had been tested for sewer and water. Mr. Himmelwright commented that he was currently coming before the Commission to see if the plat layout was okay. Mr. Himmelwright questioned if water would be extended if he went for annexation. Commissioner Borho commented that the developer pays for that cost. Mayor Nystrom commented that if there was to be an extension, the City would aid them and do what we could. Mayor Nystrom added that we were all for the City growing.
Mr. Himmelwright questioned if the Commission could tell if the plat would be okay or if it would require annexation. Mr. Howard commented that the best for everybody would be an annexation so there would be an extension of water and sewer. Mr. Howard added that to extend water and sewer for twelve lots would be cost prohibitive.
Mr. Rod Seidel commented that if they were going to have to annex, they might break it down to smaller lots. Mr. Seidel added that he had thought about building out there, but would need electrical service and he was for the growth of Pratt. Mr. Howard stated that if the real estate was annexed, the City would make utilities accessible. Mr. Howard added that the developer pays for that and the City would pay for the extension of the water lines.
Mr. Himmelwright commented that his intent was to come up with something that did not require improvement, so he had come up with the larger parcels. Commissioner Peltier questioned if it could be REA’s if the City would not extend utilities. Mr. Howard commented that they could not as it was our territory, although we can allow another electrical provider into our territory. Commissioner Borho questioned if it would have to be approved by the KCC. Mr. Howard commented that he was not sure if we were in agreement to let them infringe into our territory. Mr. Howard added that REA would traditionally have to pay for the total cost.
Commissioner Taylor questioned how far out this property was. Mr. Seidel stated that it was out by the old dog pound about a mile and a half. Mr. Himmelwright added that it was on the City of Pratt line and would be an extension off of his place. Commissioner Peltier commented that there was electricity on the east side of Mr. Seidel’s lot. Mr. Seidel commented that it was off of Commissioner Peltier’s property and that it would be cheaper to split the cost down to New Street. Mr. Himmelwright commented that it would also be more cost effective as well with any road improvements and reminded the Commission that he was not asking for curb or gutter, but a usable road. Mayor Nystrom stated that this was in the 2009 budget, but he was not sure that it was going to happen. Mr. Seidel commented that a lot of people use that road.
Commissioner Borho questioned if the subject of annexing was nil. Mr. Himmelwright stated that he was not saying that and he would have to push a pencil to it and look at the taxes. Commissioner Borho commented that the City cannot have growth if it is in the County.
Commissioner Borho commented that these were very large plats of land. Commissioner Hlavachick asked if the Planning and Zoning Commission would be looking at this. Mr. Howard commented that they would be, but you have to have a preliminary plat and there is an expense to that. Mr. Howard added that Mr. Himmelwright wanted to know if he had to annex to be extended electrical services before deciding what his next move would be. Commissioner Peltier questioned if the City had to provide trash, water and sewer if it was annexed. Mr. Howard stated that you do not on a voluntary annexation. Commissioner Peltier questioned if we could get away with just electricity. Mr. Howard commented that he believed so, but he would have to research that. Commissioner Peltier commented that a sewer line would be cost prohibitive. Mr. Himmelwright stated that he was not planning on that anyway.
Commissioner Peltier commented that if the expensive items were not on the City, it seemed pretty doable and questioned if a blacktop road would be voted on. Mr. Howard commented that we would need to get to the electrical services. Commissioner Taylor questioned if we knew what the cost would be to extend the street. Mr. Howard stated that he did not. Commissioner Borho reminded the Commission and staff that Mr. Himmelwright had stated that it did not have to be paved, but asphalt would be fine. Mr. Himmelwright commented that it would have to be resurveyed also. Commissioner Taylor commented that we would need to put a pencil to it also and that he was not opposed to it. Commissioner Taylor stated that annexation would be great and asked if this would be on the agenda. Mr. Howard commented that he could get the cost on the improvement together.
Commissioner Borho commented that the last time Mr. Seidel was here, he had talked about multiple lots. Mr. Seidel stated that that was sixteen acres and he was looking at the cost, the sale of the parcels, and what works best. Mr. Seidel commented that he was in limbo which way to go and he did not want to step on anyone’s toes. Mr. Himmelwright commented that he had talked to realtors and larger parcels were selling for better money. Commissioner Borho questioned the concept of what would be in the City and if it would be like the Country Estates. Mr. Seidel commented that they were open to suggestions from the Commission and that was one of the reasons they were here. Mr. Himmelwright commented that they did not want to hassle with a full scale development, because that was risky in Pratt and they do not have any specials. Commissioner Borho asked if they had thought about doing what Mr. Bill Robbins had done on Tenth Street. Mr. Seidel commented that they had one thing against them, which was being on the wrong side of the tracks and that causes issues that would have to be taken care of.
Commissioner Peltier commented that there was a lot of building going on. Mayor Nystrom commented that it would give the Commission something to think about. Mr. Himmelwright commented that he would be on the next agenda. Mayor Nystrom commented that if the Commission gives the okay and the lots sit for three to five years, they could replat then and still have electrical service. Mr. Himmelwright added that there would not have to be any poles until necessary. Mr. Himmelwright questioned if a person has to come to the Commission and ask to replat or revise a plat. Commissioner Borho answered that you do that through the Planning and Zoning Commission and then they make a recommendation to the Commission. Commissioner Peltier commented that there are flood zone issues in part of that property. Mayor Nystrom commented that that has no bearing on this issue.
Mayor Nystrom commented that he appreciated the concept of what they were doing and asked them to return to the next meeting with some figures. Commissioner Taylor commented that the Commission would also have time to look at the figures before the next meeting.
CONSIDERATION AND APPROVAL OF THE APPOINTMENT OF DIRECTOR #1 ON THE KMEA BOARD OF DIRECTORS:
Commissioner Hlavachick made a motion to leave the Directors on the KMEA Board as they are since it had worked up to now. The motion was seconded by Commissioner Taylor and carried unanimously.
CONSIDERATION AND APPROVAL OF EMP2 NATURAL GAS MANAGEMENT SERVICES AGREEMENT BETWEEN KMEA AND CITY OF PRATT:
Mr. Kenny Kreutzer, Energy Agent for the City of Pratt, addressed the Commission on the gas agreement. Mr. Kreutzer commented that for the last ten years the City had done business with ONEOK and their agreement had always been renewable. Mr. Kreutzer explained that Rainbow Energy Marketing Company had come to the City of Pratt and stated that they could get us a better price for gas. Mr. Kreutzer stated that they had put a proposal together and he was recommending the Commission’s approval.
City Manager Dave Howard commented that we need to look at what we can purchase energy at and the missing component of arranging our own gas had been that we never really know what our price of gas is going to be. Mr. Howard added that with this contract we would be able to say who would get the better price for generated energy.
Commissioner Borho asked if Rainbow Energy Marketing Company was a broker and buying from many different companies. Mr. Kreutzer stated that was correct and that we could be buying from the same people, but at a better price. Mr. Kreutzer commented that Russell and Pratt are the ones that produce.
Mr. Howard stated that we had asked for a provision of a thirty day out. Mr. Howard explained that if we do not think they are doing a better job than in the past, we would bring it back to the Commission and ask to get out. Commissioner Borho asked about KMEA’s market service fees. Mr. Kreutzer stated that we would be buying directly from Rainbow and KMEA would not be making any money. Mr. Kreutzer explained that the fees for KMEA would be what Rainbow Energy Marketing Company would have and by doing a contract with KMEA, Rainbow would be making the money.
Commissioner Hlavachick commented that he felt we should try this and that it was a reasonable way to get a handle on cheaper gas. Mayor Nystrom questioned Mr. Kreutzer if he would be monitoring this. Mr. Kreutzer stated that he would and that he would advise the City Manager and Commission if it would be cheaper to go back to ONEOK. Commissioner Peltier clarified that we can get out with thirty days notice. Mr. Howard stated that this was a twenty-two month contract, but that we can terminate it with a thirty day written notice.
Commissioner Peltier questioned if they ‘maybe can’ get us a better price or they ‘can’. Mr. Kreutzer stated that they do not guarantee it, but they will tell us every time they can. Commissioner Peltier asked if we were tied into this contract for at least thirty days. Mr. Howard explained that this company buys gas for several entities and they have access to markets that we do not. Mr. Howard added that we have been going around with them for three months to get this contract.
Commissioner Borho questioned if there would ever be a situation where ONEOK would say that they do not want to deal with us. Mr. Kreutzer stated that they would take us back. Mayor Nystrom asked if we were paying them for transportation. Mr. Howard stated that we were paying them and others depending on where Rainbow Energy Marketing Company was purchasing from. Mr. Kreutzer commented that if ONEOK comes back with a lower price, we want to go with the best that we can and we do have a good relationship with ONEOK.
City Attorney Ken Van Blaricum stated that this was contract that was good to form. The following contract was then presented to the Commission for their approval: ENERGY MANAGEMENT PROJECT NO. 2, NATURAL GAS MANAGEMENT SERVICES AGREEMENT BETWEEN KANSAS MUNICIPAL ENERGY AGENCY AND CITY OF PRATT, KS. A motion by Commissioner Hlavachick to accept the contract between KMEA and the City of Pratt in regards to natural gas. The motion was seconded by Commissioner Borho and carried unanimously.
REPORTS:
Valuations by County:
City Manager Howard commented that he had gone through the valuation reports from the County on City property and even though we are not taxed, the valuations were up 50% to 100%. Mr. Howard stated that he had visited with DJ at the Appraisers Office and he had told him that communities had found out that in a disaster situation, FEMA had gone off of valuations that were old. Mr. Howard explained that City property would be evaluated like all others. Mr. Howard added that Sanders Insurance had said that they go for replacement cost and this was not going to affect our insurance costs. Mayor Nystrom questioned if this would have an impact on grants. Mr. Howard commented that it had never been an issue, but it may in the future.
Executive Session:
Mr. Howard requested an executive session at the end of the meeting for non-elected personnel to last thirty minutes.
Information on snow storm:
Public Works Director Russ Rambat shared information with the Commission concerning the snow storm last weekend. Mr. Rambat commented that this was an extraordinary event and the City had done the best we could with what we had. Mr. Rambat stated that from March 27th to April 1st, the City had fourteen employees with 292.5 hours of overtime adding up to $7,000.83 and selected contractors had 56 hours amounting to $3,870.83. Mr. Howard commented that the City had done a good job. Mayor Nystrom echoed that statement.
Commissioner Peltier questioned if there was anything we would be capable of changing. Mr. Rambat stated he did not think that any City could have handled this head on. Mr. Rambat explained that the City could not justify purchasing pieces of equipment, such as road graters, for a rare storm like this one. Mr. Rambat commented that along with the fire department and County workers, we did the best we could. Mr. Rambat stated that he would have liked to get to every street, not only the snow routes, but they had kept moving as best they could with the storm being as severe as it was.
Commissioner Peltier asked if we had equipment that had a blade. Mr. Rambat stated that there is always a time when you can use more equipment, but we had proven in the past that we can handle a snow load.
Mr. Howard commented that the storm was about moving snow. Mr. Howard stated that he had visited with Mr. Mark McManaman about 1:00 a.m. concerning emergency services not getting where they would need to go. Mr. Howard explained that the solution was to provide a road grater for them by the County and that left the City to focus on snow removal and other issues such as looking for people.
Mr. Howard commented that every street had cars on both sides of the street and you have to be careful, which means that you could not do those streets after dark. Commissioner Peltier commented that he appreciated the help with emergency personnel getting to and from work. Mr. Rambat commented that the road grater was the only thing that could stay mobile and he thanked the Commission for letting the City purchase four wheel drive vehicles. Mr. Rambat added that those vehicles were immeasurable and had gotten them around where they needed to go.
Electric side of storm:
Director of Electric Utilities Kelly Hemphill commented that on the electric side of the storm, there were not many outages. Mr. Hemphill stated that rural outages were difficult to get to, but by Saturday they had come back on. Mr. Hemphill explained that there was one man on call from distribution and he did what he could.
Mr. Hemphill stated that the plant operators had gotten the diesel up in case it was needed and had also gotten the boiler prepared for lighting if necessary.
Mr. Hemphill stated that the four wheel drive vehicles were the only way to get personnel to the power plant and they did well. Mr. Hemphill commented that snow is not as difficult as ice and that the tree trimming had helped. Mr. Howard added that some lines had been rebuilt and can now withstand more.
FEMA:
Mr. Hemphill stated that FEMA was now obligated and the money was to be handed down to the State. Mr. Hemphill commented that it would amount to about $423,000. Commissioner Borho thanked Mr. Hemphill for his work on getting that done.
Jamie Huber on advertisement:
Mr. Hemphill commented that Mr. Jamie Huber had gone on his own to tour the Huskie Tool Company and had written an essay about their tools. Mr. Hemphill explained that Mr. Huber did not receive anything but the opportunity to view tools and the factory and that this was a unique opportunity to be in a publication. Commissioner Borho commented that the magazine probably had a nice distribution and this would be a feather in our cap.
Storm comments:
Police Chief Steve Holmes commented that he had never seen anyone get rid of that much snow and that the sun did help. Chief Holmes thanked everyone who helped pull his guys out.
Sales tax report:
Finance Director Diana Garten presented the sales tax report to the Commission. Ms. Garten stated that this was sales tax thru March based on January sales and that the City was about $42,000 above last year.
Recognition of City employees:
Mayor Nystrom recognized Harley Dancaster, Devin Shaffer, Roy Sinclair and Gavin Ezell for continuing their education.
Doggie bowls:
Commissioner Borho stated that she had received an e-mail requesting a doggie bowl at Lemon’s Park by the fountain similar to the one in Sixth Street Park. Commissioner Borho added that if we needed donations for this, we could contact this person.
Storm e-mail:
Commissioner Borho stated that she had received another e-mail addressing street issues during the snow storm and how things were handled. Commissioner Borho commented that she had stopped by this person’s home and visited with them about the fact that people parked on the snow route streets and that there were 58.7 miles of street in Pratt. Commissioner Borho added that in previous years, the snows had been much less in volume and people had been unhappy about the City blading and having drifts. Commissioner Borho explained that the City was trying to rut the roads. Commissioner Borho stated to this person that there is a lot of misinformation out there and that if the Commission is asked something they do not know the answer to, they would find it.
Storm comments:
Commissioner Taylor commented that he had to bust through a 15’ drift to take his wife to work and had later gotten stuck. Commissioner Taylor stated that it was pretty neat to see people working together like in a natural disaster. Commissioner Taylor recalled that in 1971 there was no four wheel drive, it was winter and far more snow than this time.
Commissioner Taylor added that good work had been done by the City and it made it hard when you have to shovel through 2 ½’ of snow to get to where you have your equipment. Commissioner Taylor commented that he appreciated the volunteers and that without the citizens help, it would have been more difficult.
People helping people:
Commissioner Hlavachick commented that his neighbor had been pulled out by the grater so that he could get to work. Commissioner Hlavachick stated that the best part of the storm was people helping others.
EXECUTIVE SESSION:
Mayor Nystrom made a motion to enter into executive session for non-elective personnel to last thirty minutes coming out with nothing to report. The motion was seconded by Commissioner Taylor and carried unanimously.
A motion by Mayor Nystrom to return from executive session with nothing to report. The motion was seconded by Commissioner Borho and carried unanimously.
ADJOURN:
A motion by Commissioner Taylor to adjourn. The motion was seconded by Commissioner Hlavachick and carried unanimously.
____________________________________
ERIC NYSTROM, Mayor
(SEAL)
ATTEST:
___________________________________
LUANN KRAMER, City Clerk
Friday, April 17, 2009
4/20/09-City Commission Agenda
MONDAY
APRIL 20, 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 – April 06, 2009 Regular Commission Meeting
4. OPEN AGENDA
5. Certification of April 07, 2009 City/School General Election – LuAnn Kramer, City Clerk
6. Oath of Office Given to Newly Elected City Commissioner – LuAnn Kramer, City Clerk
7. Presentation of Mayor’s Plaque – Dave Howard, City Manager
8. Reorganization of Pratt City Commission – Mayor and Commission
8.1 Nomination for Mayor
8.2 Nomination for Vice-Mayor
8.3 Designation of Official City Depositories – The Peoples Bank, First National Bank, First State Bank and Trust
8.4 Designation of Official City Newspaper – The Pratt Tribune
9. BUSINESS:
9.1 Consideration and Approval of Bid for Water Meters for 2009 – Kelvin Clay, Water Superintendent
9.2 Proposal from Economic Development Board – Brian Hoffman, Chamber Director
9.3 Continued Discussion on Himmelwright Land Development – Blake Himmelwright, Rod Seidel, Commission and Staff
9.4 Proclamation for Arbor Day on April 23, 2009 – George Brown, Recreation Department; Bruce Pinkall, Recreation Director
9.5 Consideration and Approval of Reappointment of Kelly Garrison to Airport Authority Board – Dave Howard, City Manager (3-year term)
9.6 Consideration and Approval of Resolution to Reallocate the Baseload Energy for the City of Pratt from KMEA – Kelly Hemphill, Dir. of Electric Utilities; Kenny Kreutzer. Energy Agent; Dave Howard, City Manager (RESOLUTION 042009)
9.7 Consideration and Approval of Bid for Materials for the FEMA Reconductor Projects – Kelly Hemphill, Dir. of Electric Utilities
9.8 Proclamation Declaring April as Fair Housing Month – Mayor
9.9 Consideration for Pratt Relay for Life to Use a Room for their Meetings at the Municipal Building at ‘No Charge’ – Mayor and Commission
10. REPORTS:
6.1 City Manager
6.2 City Attorney
6.3 Department Heads
6.4 Mayor
6.5 City Commission
11. RECESS until May 04, 2009 at 11:00 a.m. to meet with the County Commissioners at City Hall
APRIL 20, 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 – April 06, 2009 Regular Commission Meeting
4. OPEN AGENDA
5. Certification of April 07, 2009 City/School General Election – LuAnn Kramer, City Clerk
6. Oath of Office Given to Newly Elected City Commissioner – LuAnn Kramer, City Clerk
7. Presentation of Mayor’s Plaque – Dave Howard, City Manager
8. Reorganization of Pratt City Commission – Mayor and Commission
8.1 Nomination for Mayor
8.2 Nomination for Vice-Mayor
8.3 Designation of Official City Depositories – The Peoples Bank, First National Bank, First State Bank and Trust
8.4 Designation of Official City Newspaper – The Pratt Tribune
9. BUSINESS:
9.1 Consideration and Approval of Bid for Water Meters for 2009 – Kelvin Clay, Water Superintendent
9.2 Proposal from Economic Development Board – Brian Hoffman, Chamber Director
9.3 Continued Discussion on Himmelwright Land Development – Blake Himmelwright, Rod Seidel, Commission and Staff
9.4 Proclamation for Arbor Day on April 23, 2009 – George Brown, Recreation Department; Bruce Pinkall, Recreation Director
9.5 Consideration and Approval of Reappointment of Kelly Garrison to Airport Authority Board – Dave Howard, City Manager (3-year term)
9.6 Consideration and Approval of Resolution to Reallocate the Baseload Energy for the City of Pratt from KMEA – Kelly Hemphill, Dir. of Electric Utilities; Kenny Kreutzer. Energy Agent; Dave Howard, City Manager (RESOLUTION 042009)
9.7 Consideration and Approval of Bid for Materials for the FEMA Reconductor Projects – Kelly Hemphill, Dir. of Electric Utilities
9.8 Proclamation Declaring April as Fair Housing Month – Mayor
9.9 Consideration for Pratt Relay for Life to Use a Room for their Meetings at the Municipal Building at ‘No Charge’ – Mayor and Commission
10. REPORTS:
6.1 City Manager
6.2 City Attorney
6.3 Department Heads
6.4 Mayor
6.5 City Commission
11. RECESS until May 04, 2009 at 11:00 a.m. to meet with the County Commissioners at City Hall
Thursday, April 9, 2009
Approved minutes of 03/16/2009
MONDAY
MARCH 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
Willie Peltier Commissioner
ALSO PRESENT: Dave Howard City Manager
LuAnn Kramer City Clerk
Ken Van Blaricum City Attorney
Diana Garten Finance Director
Russell Rambat Public Works Director
Brad Blankenship Building Inspections
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 Hlavachick who was out for medical reasons.
Mayor Nystrom reminded the audience that the meeting may be taped and/or recorded.
MINUTES:
A motion by Commissioner Taylor to approve the minutes of the March 02, 2009 regular Commission meeting. The motion was seconded by Commissioner Borho and carried unanimously.
OPEN AGENDA:
No one in the audience wished to address the Commission.
BUSINESS:
CONSIDERATION AND APPROVAL OF DOCUMENTS PERTAINING TO USE OF ENHANCEMENT FUNDS:
· Approval of Application (Mayor to Sign)
Mr. Alan Luttrell of EBH Engineering explained to the Commission that he had been visiting with City Manager Dave Howard and Public Works Director Russell Rambat for about two years about funds to do a street scape along South Main Street. Mr. Luttrell commented that it would include replacing sidewalks and light poles, burying electric lines, new benches and planters. Mr. Luttrell stated that through the stimulus package, the state is to receive $11 million and that our application is for $2.3 million. Mr. Luttrell commented that this project would make sense since the sidewalks would have to be replaced anyway during the waterline project. Mr. Luttrell explained that there would probably be about $80 to $90 million worth of applications for the $11 million the state is expected to receive.
Commissioner Taylor questioned if we could receive a portion of the money. Mr. Luttrell commented that he was not sure. Commissioner Taylor asked if we are obligated to do the project if we are only offered 10%. Mr. Luttrell stated that if they offer a portion and it is not feasible, we do not have to do it. Mr. Luttrell explained that part of the money for the Main Street project is coming from the highway program and the waterline is done with the loan application.
City Manager Dave Howard commented that the discussions on this project for the last two years involved the costs of the street reconstruction and looking at any grants that might be available. Mr. Howard added that this was something that we would look at after that. Mr. Howard explained that with the street torn up for the new service line, the ARRA program gives us the opportunity to get the other improvements partially funded. Commissioner Borho asked if we have to do the project if it is accepted for funding. Mr. Luttrell stated that you do not, but if you accept the funds, you cannot use them for anything else.
Mr. Luttrell commented that the project has to be let by November 2009. Commissioner Taylor questioned if the funds would be transferred to anyone else if we decline. Mr. Luttrell commented that the funds would be lost. Commissioner Borho questioned the detailed Davis-Bacon Act. Mr. Luttrell commented that under the new administration, they are pro-union and you have to abide by the Davis-Bacon Act, which means you have to pay union wages on projects.
Commissioner Borho asked if the lights would be LED. Mr. Luttrell commented that we could go green. Mr. Howard commented that they are expensive and they would change the numbers in the application.
Mr. Luttrell commented that he had done several of these projects and it adds to the downtown by getting rid of clutter overhead and softens the view. Commissioner Borho commented that it would be great to do all at once.
A motion by Commissioner Borho to authorize the Mayor to sign the ARRA application for the downtown landscaping on 281 Highway from Highway 54 to Sixth Street. The motion was seconded by Commissioner Peltier and carried unanimously.
· Approval of Resolution 031609
The following Resolution 031609 was then presented to the Commission for their approval: A RESOLUTION DECLARING THE ELIGIBILITY OF THE CITY OF PRATT, KANSAS TO SUBMIT AN APPLICATION TO THE KANSAS DEPARTMENT OF TRANSPORTATION FOR USE OF TRANSPORTATION ENHANCEMENT FUNDS SET FORTH BY THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 FOR THE PRATT DOWNTOWN TRANSPORTATION ENHANCEMENT PROJECT IN THE CITY OF PRATT, KANSAS AND AUTHORIZING THE MAYOR TO SIGN THE APPLICATION. A motion by Commissioner Taylor to approve Resolution 031609 pertaining to the ARRA application. The motion was seconded by Commissioner Borho and carried unanimously.
CONSIDERATION AND APPROVAL OF LETTER AGREEMENT BETWEEN CITY AND PRATT AREA HUMANE SOCIETY:
City Attorney Ken Van Blaricum commented that this was a regular contract and would replace the previous agreement. Mr. Van Blaricum explained that the contract contained the $1,000 monthly donation as it had in the past, but #3 had been added to give a credit of $6,000 a year towards utilities. Mr. Van Blaricum commented that 2009 would be prorated.
Mr. Van Blaricum stated that the contract would be effective April 01, 2009 and would be considered during the regular City budget session. Mr. Van Blaricum commented that the contract can be terminated by either party, but has to be done in writing. Mr. Van Blaricum stated that this was a good agreement and that this was an independent partnership, which means that the Humane Society is not an employee of the City. Mr. Van Blaricum recommended the approval of the agreement to the Commission. Mayor Nystrom questioned if we were paying for the utilities at this time. City Clerk LuAnn Kramer stated that they were currently at ‘no charge’. Commissioner Taylor commented that for 2009 they would receive nine months credit and he liked the part that states that there is no carry over. Commissioner Borho commented that if they use up the money by October, then the Humane Society would be responsible for the bills.
A motion by Commissioner Borho to enter into an agreement between the City and the Pratt Area Humane Society as printed. The motion was seconded by Commissioner Peltier and carried with three approved votes and one no vote by Commissioner Taylor.
Mr. Van Blaricum commented that he would get the signed contract to Mr. Mike Hill.
CONSIDERATION AND APPROVAL OF ORDINANCE 0904 AMENDING ZONING CLASSIFICATION:
Mayor Nystrom turned the meeting over to Vice-Mayor Borho since he was the owner of the property requesting the zoning change.
Vice-Mayor Borho commented that the Ordinance changed the zoning on the City block at Eighth Street and High Street from R-2, Single Family Residential Dwelling District to R-3, Two Family Residential Dwelling District. City Attorney Van Blaricum clarified that Mayor Nystrom owned the property and had filed an application to change the zoning and the Planning and Zoning Commission had approved the application and recommends the Commission’s approval as well.
The following Ordinance 0904 was then presented to the Commission for their approval: AN ORDINANCE AMENDING THE ZONING CLASSIFICATION OR DISTRICT OF LOTS SEVEN (7), EIGHT (8), NINE (9), TEN (10), ELEVEN (11) AND TWELVE (12) OF BLOCK TWENTY SEVEN (27) IN ANDERSON’S 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 Taylor to approve Ordinance 0904 amending the zoning of the mentioned lots from R-2, Single Family Residential Dwelling District to R-3, Two Family Residential Dwelling District. The motion was seconded by Commissioner Peltier and carried with three approved votes and one abstained vote by Mayor Nystrom.
Vice-Mayor Borho turned the meeting back to Mayor Nystrom.
REPORTS:
BP Wind Energy:
City Manager Dave Howard commented that he had visited with a BP Wind Energy representative along with Brian Hoffman, Chamber Director. Mr. Howard stated that Westar had accepted 300 mega watt wind farm proposals. Mr. Howard commented that they had talked about what they could do to help Pratt and he had told them that we would wait and see how things go.
Request for Executive Session:
City Manager Howard requested an executive session following the regular meeting to last 15 minutes to discuss attorney/client privilege.
Welcome Brad:
City Attorney Van Blaricum commented that he was glad to have the new City Inspector Brad Blankenship on board and that there is a lot of work to be done.
Public Works:
· Street Department
Public Works Director Russell Rambat commented that the Street Department had been doing brick work by the Post Office. Commissioner Taylor commented that there were a lot of bricks broken up. Mr. Rambat stated that the first two blocks of Jackson Street and Ninnescah Street had several broken down areas due to water sitting there.
· Trash pick-up
Mr. Rambat informed the Commission that the Street Department had also been picking up trash by Paso Junction and on right-of-ways. Commissioner Borho commented that there was a lot of trash north of McDonald’s also. Commissioner Taylor questioned where all of the trash was coming from. Mr. Rambat commented that he was not sure, but that this was a low area and trash accumulates there due to the winds. Mr. Rambat stated that he would try to have the Parks Department help clean up entries into the City.
Commissioner Taylor commented that there was a lot of trash that accumulates back behind Long John Silver’s in the wooded area. Mr. Rambat commented that he was not sure that was City property and we need to be careful on private property. Mayor Nystrom asked about persons needing to serve community service. Mr. Rambat commented that there was nothing there and that there were restrictions on what they can and cannot do plus there was no one available. City Attorney Van Blaricum stated that Ms. Peggy Lee was in charge of guiding community service and even if they are scheduled for a project and do not show up, Ms. Lee ends up doing the job. Mr. Howard added that there are liability issues you have to be aware of also.
· Crack sealing
Mr. Rambat commented that the Street Department had been crack sealing to get ready for the slurry seal.
· Water Department
Mr. Rambat commented that the Water Department had been painting fire hydrants.
· Parks Department
Mr. Rambat stated that the Parks Department had been cleaning up trees in the parks.
Enjoyed first days:
City Inspector Brad Blankenship commented that he had enjoyed his first few days. Mr. Howard commented that Mr. Blankenship had been a general contractor and would be working with Fire Chief David Kramer on the new station. Mr. Blankenship commented that he had visited with Chief Kramer Friday and again today and they were down to the final plans. Mr. Blankenship stated that he would be using the drawing by Chief Kramer and should be getting specs out soon.
2010 Budget:
Finance Director Diana Garten commented that she would begin working on the 2010 budget in April and with the economy the way it was, the Commission’s input was important.
Certificates:
Mayor Nystrom commended the certificates of training received by Harley Dancaster and Roy Sinclair from the Street Department.
Optimist Club:
Mayor Nystrom commented that the Optimist Club had not been able to use the old J.C. Food’s building to distribute bikes last November, but would like to use it now. Mr. Howard commented that it would be about the 1st of April and they could get a key from City Clerk Kramer. A motion by Commissioner Taylor for allow the Optimist Club to use the J.C. Food’s Building to distribute bikes. The motion was seconded by Commissioner Borho and carried unanimously.
New Tribune publisher:
Tribune reporter Gale Rose informed the Commission that Eric Strobel was the new publisher of the Tribune and would start a week from today.
EXECUTIVE SESSION:
Mayor Nystrom made a motion to enter into executive session for 15 minutes to discuss attorney/client privilege. The motion was seconded by Commissioner Borho and carried unanimously.
Upon proper motion, the Commission returned from executive session.
ADJOURN:
The meeting adjourned upon proper motion.
________________________________
ERIC NYSTROM, Mayor
(SEAL)
ATTEST:
______________________________
LUANN KRAMER, City Clerk
MARCH 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
Willie Peltier Commissioner
ALSO PRESENT: Dave Howard City Manager
LuAnn Kramer City Clerk
Ken Van Blaricum City Attorney
Diana Garten Finance Director
Russell Rambat Public Works Director
Brad Blankenship Building Inspections
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 Hlavachick who was out for medical reasons.
Mayor Nystrom reminded the audience that the meeting may be taped and/or recorded.
MINUTES:
A motion by Commissioner Taylor to approve the minutes of the March 02, 2009 regular Commission meeting. The motion was seconded by Commissioner Borho and carried unanimously.
OPEN AGENDA:
No one in the audience wished to address the Commission.
BUSINESS:
CONSIDERATION AND APPROVAL OF DOCUMENTS PERTAINING TO USE OF ENHANCEMENT FUNDS:
· Approval of Application (Mayor to Sign)
Mr. Alan Luttrell of EBH Engineering explained to the Commission that he had been visiting with City Manager Dave Howard and Public Works Director Russell Rambat for about two years about funds to do a street scape along South Main Street. Mr. Luttrell commented that it would include replacing sidewalks and light poles, burying electric lines, new benches and planters. Mr. Luttrell stated that through the stimulus package, the state is to receive $11 million and that our application is for $2.3 million. Mr. Luttrell commented that this project would make sense since the sidewalks would have to be replaced anyway during the waterline project. Mr. Luttrell explained that there would probably be about $80 to $90 million worth of applications for the $11 million the state is expected to receive.
Commissioner Taylor questioned if we could receive a portion of the money. Mr. Luttrell commented that he was not sure. Commissioner Taylor asked if we are obligated to do the project if we are only offered 10%. Mr. Luttrell stated that if they offer a portion and it is not feasible, we do not have to do it. Mr. Luttrell explained that part of the money for the Main Street project is coming from the highway program and the waterline is done with the loan application.
City Manager Dave Howard commented that the discussions on this project for the last two years involved the costs of the street reconstruction and looking at any grants that might be available. Mr. Howard added that this was something that we would look at after that. Mr. Howard explained that with the street torn up for the new service line, the ARRA program gives us the opportunity to get the other improvements partially funded. Commissioner Borho asked if we have to do the project if it is accepted for funding. Mr. Luttrell stated that you do not, but if you accept the funds, you cannot use them for anything else.
Mr. Luttrell commented that the project has to be let by November 2009. Commissioner Taylor questioned if the funds would be transferred to anyone else if we decline. Mr. Luttrell commented that the funds would be lost. Commissioner Borho questioned the detailed Davis-Bacon Act. Mr. Luttrell commented that under the new administration, they are pro-union and you have to abide by the Davis-Bacon Act, which means you have to pay union wages on projects.
Commissioner Borho asked if the lights would be LED. Mr. Luttrell commented that we could go green. Mr. Howard commented that they are expensive and they would change the numbers in the application.
Mr. Luttrell commented that he had done several of these projects and it adds to the downtown by getting rid of clutter overhead and softens the view. Commissioner Borho commented that it would be great to do all at once.
A motion by Commissioner Borho to authorize the Mayor to sign the ARRA application for the downtown landscaping on 281 Highway from Highway 54 to Sixth Street. The motion was seconded by Commissioner Peltier and carried unanimously.
· Approval of Resolution 031609
The following Resolution 031609 was then presented to the Commission for their approval: A RESOLUTION DECLARING THE ELIGIBILITY OF THE CITY OF PRATT, KANSAS TO SUBMIT AN APPLICATION TO THE KANSAS DEPARTMENT OF TRANSPORTATION FOR USE OF TRANSPORTATION ENHANCEMENT FUNDS SET FORTH BY THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 FOR THE PRATT DOWNTOWN TRANSPORTATION ENHANCEMENT PROJECT IN THE CITY OF PRATT, KANSAS AND AUTHORIZING THE MAYOR TO SIGN THE APPLICATION. A motion by Commissioner Taylor to approve Resolution 031609 pertaining to the ARRA application. The motion was seconded by Commissioner Borho and carried unanimously.
CONSIDERATION AND APPROVAL OF LETTER AGREEMENT BETWEEN CITY AND PRATT AREA HUMANE SOCIETY:
City Attorney Ken Van Blaricum commented that this was a regular contract and would replace the previous agreement. Mr. Van Blaricum explained that the contract contained the $1,000 monthly donation as it had in the past, but #3 had been added to give a credit of $6,000 a year towards utilities. Mr. Van Blaricum commented that 2009 would be prorated.
Mr. Van Blaricum stated that the contract would be effective April 01, 2009 and would be considered during the regular City budget session. Mr. Van Blaricum commented that the contract can be terminated by either party, but has to be done in writing. Mr. Van Blaricum stated that this was a good agreement and that this was an independent partnership, which means that the Humane Society is not an employee of the City. Mr. Van Blaricum recommended the approval of the agreement to the Commission. Mayor Nystrom questioned if we were paying for the utilities at this time. City Clerk LuAnn Kramer stated that they were currently at ‘no charge’. Commissioner Taylor commented that for 2009 they would receive nine months credit and he liked the part that states that there is no carry over. Commissioner Borho commented that if they use up the money by October, then the Humane Society would be responsible for the bills.
A motion by Commissioner Borho to enter into an agreement between the City and the Pratt Area Humane Society as printed. The motion was seconded by Commissioner Peltier and carried with three approved votes and one no vote by Commissioner Taylor.
Mr. Van Blaricum commented that he would get the signed contract to Mr. Mike Hill.
CONSIDERATION AND APPROVAL OF ORDINANCE 0904 AMENDING ZONING CLASSIFICATION:
Mayor Nystrom turned the meeting over to Vice-Mayor Borho since he was the owner of the property requesting the zoning change.
Vice-Mayor Borho commented that the Ordinance changed the zoning on the City block at Eighth Street and High Street from R-2, Single Family Residential Dwelling District to R-3, Two Family Residential Dwelling District. City Attorney Van Blaricum clarified that Mayor Nystrom owned the property and had filed an application to change the zoning and the Planning and Zoning Commission had approved the application and recommends the Commission’s approval as well.
The following Ordinance 0904 was then presented to the Commission for their approval: AN ORDINANCE AMENDING THE ZONING CLASSIFICATION OR DISTRICT OF LOTS SEVEN (7), EIGHT (8), NINE (9), TEN (10), ELEVEN (11) AND TWELVE (12) OF BLOCK TWENTY SEVEN (27) IN ANDERSON’S 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 Taylor to approve Ordinance 0904 amending the zoning of the mentioned lots from R-2, Single Family Residential Dwelling District to R-3, Two Family Residential Dwelling District. The motion was seconded by Commissioner Peltier and carried with three approved votes and one abstained vote by Mayor Nystrom.
Vice-Mayor Borho turned the meeting back to Mayor Nystrom.
REPORTS:
BP Wind Energy:
City Manager Dave Howard commented that he had visited with a BP Wind Energy representative along with Brian Hoffman, Chamber Director. Mr. Howard stated that Westar had accepted 300 mega watt wind farm proposals. Mr. Howard commented that they had talked about what they could do to help Pratt and he had told them that we would wait and see how things go.
Request for Executive Session:
City Manager Howard requested an executive session following the regular meeting to last 15 minutes to discuss attorney/client privilege.
Welcome Brad:
City Attorney Van Blaricum commented that he was glad to have the new City Inspector Brad Blankenship on board and that there is a lot of work to be done.
Public Works:
· Street Department
Public Works Director Russell Rambat commented that the Street Department had been doing brick work by the Post Office. Commissioner Taylor commented that there were a lot of bricks broken up. Mr. Rambat stated that the first two blocks of Jackson Street and Ninnescah Street had several broken down areas due to water sitting there.
· Trash pick-up
Mr. Rambat informed the Commission that the Street Department had also been picking up trash by Paso Junction and on right-of-ways. Commissioner Borho commented that there was a lot of trash north of McDonald’s also. Commissioner Taylor questioned where all of the trash was coming from. Mr. Rambat commented that he was not sure, but that this was a low area and trash accumulates there due to the winds. Mr. Rambat stated that he would try to have the Parks Department help clean up entries into the City.
Commissioner Taylor commented that there was a lot of trash that accumulates back behind Long John Silver’s in the wooded area. Mr. Rambat commented that he was not sure that was City property and we need to be careful on private property. Mayor Nystrom asked about persons needing to serve community service. Mr. Rambat commented that there was nothing there and that there were restrictions on what they can and cannot do plus there was no one available. City Attorney Van Blaricum stated that Ms. Peggy Lee was in charge of guiding community service and even if they are scheduled for a project and do not show up, Ms. Lee ends up doing the job. Mr. Howard added that there are liability issues you have to be aware of also.
· Crack sealing
Mr. Rambat commented that the Street Department had been crack sealing to get ready for the slurry seal.
· Water Department
Mr. Rambat commented that the Water Department had been painting fire hydrants.
· Parks Department
Mr. Rambat stated that the Parks Department had been cleaning up trees in the parks.
Enjoyed first days:
City Inspector Brad Blankenship commented that he had enjoyed his first few days. Mr. Howard commented that Mr. Blankenship had been a general contractor and would be working with Fire Chief David Kramer on the new station. Mr. Blankenship commented that he had visited with Chief Kramer Friday and again today and they were down to the final plans. Mr. Blankenship stated that he would be using the drawing by Chief Kramer and should be getting specs out soon.
2010 Budget:
Finance Director Diana Garten commented that she would begin working on the 2010 budget in April and with the economy the way it was, the Commission’s input was important.
Certificates:
Mayor Nystrom commended the certificates of training received by Harley Dancaster and Roy Sinclair from the Street Department.
Optimist Club:
Mayor Nystrom commented that the Optimist Club had not been able to use the old J.C. Food’s building to distribute bikes last November, but would like to use it now. Mr. Howard commented that it would be about the 1st of April and they could get a key from City Clerk Kramer. A motion by Commissioner Taylor for allow the Optimist Club to use the J.C. Food’s Building to distribute bikes. The motion was seconded by Commissioner Borho and carried unanimously.
New Tribune publisher:
Tribune reporter Gale Rose informed the Commission that Eric Strobel was the new publisher of the Tribune and would start a week from today.
EXECUTIVE SESSION:
Mayor Nystrom made a motion to enter into executive session for 15 minutes to discuss attorney/client privilege. The motion was seconded by Commissioner Borho and carried unanimously.
Upon proper motion, the Commission returned from executive session.
ADJOURN:
The meeting adjourned upon proper motion.
________________________________
ERIC NYSTROM, Mayor
(SEAL)
ATTEST:
______________________________
LUANN KRAMER, City Clerk
Friday, April 3, 2009
April 06, 2009 City Commission Agenda
MONDAY
APRIL 06, 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 16, 2009 Regular Commission Meeting
4. OPEN AGENDA
5. BUSINESS:
5.1 Consideration and Approval of Extension of Electrical Services Northwest of the City – Dave Howard, City Manager; Blake Himmelwright
5.2 Consideration and Approval of the Appointment of Director #1 on the KMEA Board of Directors – Mayor and Commission
Current Members:
Bill Hlavachick – Director #1 (Term expires 4/30/2009)
Dave Howard – Director #2 (Term expires 4/30/2010)
Kelly Hemphill – Alternate (Term is permanent)
5.3 Consideration and Approval of EMP2 Natural Gas Management Services Agreement Between KMEA and City of Pratt – Dave Howard, City Manager; Kelly Hemphill, Dir. of Electric Utilities; Kenny Kreutzer, Energy Agent
6. REPORTS:
6.1 City Manager
6.2 City Attorney
6.3 Department Heads
6.4 Mayor
6.5 City Commission
7. ADJOURN
APRIL 06, 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 16, 2009 Regular Commission Meeting
4. OPEN AGENDA
5. BUSINESS:
5.1 Consideration and Approval of Extension of Electrical Services Northwest of the City – Dave Howard, City Manager; Blake Himmelwright
5.2 Consideration and Approval of the Appointment of Director #1 on the KMEA Board of Directors – Mayor and Commission
Current Members:
Bill Hlavachick – Director #1 (Term expires 4/30/2009)
Dave Howard – Director #2 (Term expires 4/30/2010)
Kelly Hemphill – Alternate (Term is permanent)
5.3 Consideration and Approval of EMP2 Natural Gas Management Services Agreement Between KMEA and City of Pratt – Dave Howard, City Manager; Kelly Hemphill, Dir. of Electric Utilities; Kenny Kreutzer, Energy Agent
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
03/16/09 City Commission Meeting Agenda
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
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
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
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