Monday, April 15, 2019

04/04/2019-Approved Recessed City Commission Meeting Minutes


THURSDAY
APRIL 04, 2019
The Governing Body of the City of Pratt met in a Recessed Session in the meeting room located at BTI in Pratt, Kansas.
PRESENT:      

Doug Meyer                 Mayor
Gary Schmidt               Commissioner
Don Peters                    Commissioner
Jason Leslie                  Commissioner
Zach Deeds                   Commissioner

ALSO PRESENT:   
 
Roy Eckert                   City Manager                                                                                               

CALL TO ORDER: 

The recessed meeting was called to order by Mayor Meyer.  Mayor Meyer stated that all Commissioners were present.   

BUSINESS: 

GROUNDBREAKING AT THE TRACK AND SPORTS COMPLEX: 

Mayor Meyer stated that the Commissioners were together today for the sole purpose of participating in the groundbreaking ceremony for the new Track and Sports Complex. 

ADJOURN:

After the ceremony was completed, Commissioner Peters made a motion to adjourn.  Commissioner Deeds seconded the motion and it passed unanimously.
 
_____________________________________
DOUG MEYER, Mayor

ATTEST:

______________________________________
LUANN KRAMER, City Clerk 

04/01/2019-Approved City Commission Meeting Mintues


MONDAY 

APRIL 01, 2019 

The Governing Body of the City of Pratt met in Regular Session in the Commission Room located at City Hall. 

PRESENT: 

Doug Meyer  Mayor
Gary Schmidt  Commissioner
Don Peters  Commissioner
Jason Leslie  Commissioner
Zach Deeds  Commissioner

ALSO PRESENT:

Roy Eckert  City Manager
LuAnn Kramer  City Clerk
Regina Probst  City Attorney
Diana Garten  Finance Director
Nate Humble  Police Chief
Russell Rambat  Public Works Director
Brad Blankenship Building Inspector
Jamie Huber  Dir. of Electric :Utilities
Bruce Pinkall  Recreation Director
                                                     
CALL TO ORDER: 

The regular meeting was called to order by Mayor Meyer.  The Mayor instructed the City Clerk to note that all Commissioners were present. 

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

INVOCATION AND PLEDGE OF ALLEGIANCE: 

Commissioner Peters led the staff and audience in the invocation and Mayor Meyer led the Pledge of Allegiance. 

CONSENT AGENDA: 

·        March 18, 2019 Recessed City/County Commission Meeting

·        March 18, 2019 Regular Commission Meeting 

Commissioner Peters made a motion to approve the consent agenda.  The motion was seconded by Commissioner Schmidt and carried unanimously. 

BUSINESS: 

CONSIDERATION AND APPROVAL FOR LEGACY BANK TO HAVE AN OUTDOOR EVENT APRIL 26TH:

Legacy Representative Jack Galle reminded the Commission that the First National Bank was now Legacy Bank.  Mr. Galle commented that it was National Community Bank Month and they wanted to celebrate on April 26th with an open house and they would be feeding the community.  Mr. Galle explained that there would be a cooker outside on Third Street and seating inside and outside.  Mr. Galle stated that there would be things spring related to give away.  Mr. Galle requested that several parking spots be blocked off on Third Street from 8:30 a.m. to 2:00 p.m.  Public Works Director Rambat stated that he would drop off some barricades and they could set them up where they needed to and he would also make a note to deliver a few extra polycarts for trash.  Mr. Galle thanked the Commission for the opportunity to make this request.  The Commission were all in agreement to allow the parking spaces to be blocked off and seating on the sidewalk on April 26th from 8:30 a.m. to 2:00 p.m. 

CONSIDERATION AND APPROVAL FOR THE USE OF JACK EWING PARK FOR THE ANNUAL BEAVER BACKER’S DUCK RACE:

Mr. Scott Goodheart, PCC Assistant Athletic Director, stated that the Third Annual Beaver Backer’s Duck Race was scheduled for April 25th at Jack Ewing Park.  Mr. Goodheart stated that the City’s help was appreciated and he asked permission to do it again this year.  Mr. Goodheart commented that the City helped with picnic tables, water and polycarts.  Mr. Goodheart added that they would need the park from noon on.  Mr. Rambat stated that they would get those things down there and get the water going about 5:30 p.m.  Mr. Rambat asked if Mr. Goodheart had sandbags.  Mr. Goodheart stated that he did not.  Street Superintendent Sinclair stated that he would get them some.  With no further discussion, Commissioner Peters made a motion to approve the use of Jack Ewing Park for the Third Annual Beaver Backer’s Duck Race on April 25th.  The motion was seconded by Commissioner Schmidt and carried unanimously. 

CONSIDERATION AND APPROVAL FOR A 5K RUN FOR HOPE ON APRIL 27TH:

Ms. Desiree Miller, SCK-SEC Representative, stated that they wanted to hold another 5K Run for Hope and there would be no changes from last year.  Ms. Miller commented that the route would start at the high school, go down Taylor Street, up Tenth Street to West River Road and back to the high school.  Ms. Miller stated that they had volunteers at certain points and they had not had any problems with traffic last year.  Mr. Rambat stated that he thought they had dropped off about fifteen cones for them to use last year and would do the same this year.  Ms. Miller commented that they had about eighty participants last year and had raised about $1,200.  Recreation Director Pinkall stated that that was the same day as the Open Range Gravel Race, but they would start at Lemon Park.  Commissioner Deeds made a motion to approve the route for the 5K Run for Hope on April 27th as presented.  The motion was seconded by Commissioner Leslie and carried unanimously. 

CONSIDERATION AND APPROVAL OF APPOINTMENTS TO THE PRATT LIBRARY BOARD: 

Mayor Meyer stated that the appointments of Ms. Amy Schrag and Mr. Bob Lee would expire April 30th and the Library Director Eric Killough had sent a letter stating that Ms. Kristi Nelson and Ms. Griselda Castillo were willing to fill those positions on the Library Board.  With no discussion, Commissioner Leslie made a motion to appoint Ms. Krista Nelson and Ms. Griselda Castillo to a four year term on the Pratt Library Board.  The motion was seconded by Commissioner Deeds and carried unanimously. 

CONSIDERATION AND APPROVAL OF AIR COMPRESSOR BID FOR STREET DEPARTMENT: 

Public Works Director Rambat stated that he had gone out for bids for a replacement air compressor for the street department, which had been a budgeted item for a few years.  Mr. Rambat commented that they had gotten three bids back and The Victor Phillips Company out of Wichita bid $21,325, CRAFCO Inc. out of Chandler, Arizona bid $19,425 and White Star Machinery and Supply bid $21,903.18.  Street Superintendent Sinclair stated that they had a 2007 model that had about 2,000 hours on it and it was not worth trading in or giving to another department.  Mr. Sinclair added that he would put it on Purple Wave, which had been a good connection for the City.  Mr. Rambat recommended the purchase of the air compressor from CRAFCO Inc. in the amount of $19,425.  Mayor Meyer questioned how long it would take for it to be delivered.  Mr. Sinclair stated that he did not think it would take too long.  With no more discussion, Commissioner Leslie made a motion to approve the purchase of an air compressor for the street department from CRAFCO Inc. in the amount of $19,425.  The motion was seconded by Commissioner Peters and carried unanimously.   

OPEN AGENDA: 

No one in the audience wished to address the Commission. 

REPORTS: 

City Manager: 

·                  Succession Planning: 

City Manager Eckert stated that he was sending out a memo to staff about their succession plan for those that would be retiring in the near future.  Mr. Eckert commented that he wanted this to be taken seriously and he wanted to do everything we could to get our kids to stay in town. 

·                  Bids on Municipal Building: 

Mr. Eckert stated that they would be going out for bids on the refurbishing of the Municipal Building.  Mr. Eckert commented that we would see what way we want to go and being brain storming. 

·                  Long term ideas:

Mr. Eckert stated that we would be setting aside a day to be with Ms. Paula Downs to discuss long term ideas for Pratt.  Mr. Eckert commented that we needed to be thinking about where we want to be in twenty to thirty years and what we need to get people to come to Pratt and stay.   

City Attorney: 

·                  Medicine Lodge Attorney: 

City Attorney Probst informed the Commission that Attorney Bob Christensen from Medicine Lodge had been killed while riding his bike.  Ms. Probst stated that our Indigent Attorney Hannah Brass was his law partner and he was a good man.  Ms. Probst added that Ms. Brass was doing remarkably well. 

Public Works: 

·                  Chemicals: 

Public Works Director Rambat stated that he would be starting to purchase chemicals for the different departments. 

·                  Airport Waterline Project: 

Mr. Rambat commented that they had gone out for bids on the Airport Waterline Project after getting blessings from KDHE on the design.
 
·                  Concrete Panels: 

Mr. Rambat stated that there were a couple of concrete panels that had cracked north of Skaggs Ace Hardware and the guys would be jumping in there and barricading it off on one of these mornings about 3:00 a.m.  Mr. Rambat commented that he would let KDOT know ahead of time and traffic should be flowing again in two or three days.  Mr. Rambat explained that that intersection gets beat up pretty bad by the trucks.

Building Inspections:

·                  Dollar Tree: 

Building Inspector Blankenship stated that Dollar Tree was moving forward and they had cut the curb on North Fincham Road.  Mr. Blankenship commented that it had been a busy place. 

·                  Americare: 

Mr. Blankenship stated that we had been contacted by Americare for permits and tap fees. 

·                  Houses on Agenda Last Month: 

Mayor Meyer asked how things were going with the houses that were on the agenda about a month ago.  Mr. Blankenship stated that the one on Pearl Street had put up a fence and moved a dune buggy into the back and the owner of the house on South Oak Street had been moving things out and they were on course.  Mr. Blankenship explained that his budget pays for mowing and trash pick-ups, but he was not sure about taking down more houses besides these two.  Mr. Blankenship commented that they had been there for thirty years and he could not get them all torn down.  Commissioner Peters questioned if they had not looked at raising those fees for mowing, etc.  Mr. Blankenship stated that it had been talked about and they needed it to sting a little bit for the owners.  Mr. Blankenship added that he thought we had done something that did not put a number on it, but a reasonable amount and he would check on that tomorrow. 

Electric Department:

·                  Wind Storm: 

Director of Electric Utilities Huber stated that they had lost a couple of poles in the rural areas during the wind storm the other day. 

·                  Projects: 

Mr. Huber stated that they had heated up Heavy Metal and Dollar Tree.  Mr. Huber commented that they had also done a bore project on the North Main Street and they should be starting to get poles back on in that area.  Mr. Huber explained that the cost had come in lower than anticipated, so he may look at boring the other side at the end of the year.

Recreation Department: 

·                  Events at the Parks: 

Recreation Director Pinkall stated that baseball and softball were beginning at Sixth Street, Lemon Park and Green Sports Complex.  Mr. Pinkall commented that they had gone to the County to see if they could help assist in some of the costs since Skyline would be playing here and they had donated $10,000, with the stipulation that they know what we spent it on.  Mr. Pinkall stated that it would go towards the scoreboards and a few more things with the field. 

·                  Track and Soccer Facility: 

Mr. Pinkall reminded the Commission of the college groundbreaking for the new track and soccer facility this Thursday at 11:00 a.m.  Mr. Pinkall stated that they wanted a head count so that they had the right number of hard hats and shovels. 

·                  First Tournament: 

Mr. Pinkall stated that the first summer tournament was in two weeks and we would also be hosting Skyline’s regionals this year.

 

·                  Municipal Building Bids:

Mr. Pinkall stated that bids went out today for the heating, air and electrical for the Municipal Building and they would be on the next agenda.  Mr. Pinkall commented that he would not be looking for approval of those bids, but that they would be up for discussion.  Mr. Pinkall explained that the bids would give them some numbers to look at and see where we could go with this project.  Mayor Meyer asked if we would need to do a work session sometime.  Mr. Pinkall stated that we might need to once we see the numbers.  Mr. Pinkall added that the historic piece had been put on hold due to the expense.

·               Open Range Gravel Race:

Mr. Pinkall stated that the Open Range Gravel Race would be April 27th and it would start at Lemon Park.  Mayor Meyer asked if they usually come to the Commission for approval.  Mr. Pinkall stated that they did, but he had not talked to Mr. Eric Sutter yet.  Mr. Pinkall added that he would contact him tomorrow and get him on the next agenda. 

·               Tennis Tournament: 

Mr. Pinkall stated that he would have requests to close Third Street and Fourth Street for the KSHAA State tennis tournament.  Commissioner Peters stated that it was great to have the facilities we have to bring in what we do.  Commissioner Peters added that Mr. Pinkall did a great job running the tournaments.  Mr. Pinkall stated that we had a great relationship with scholastic sports. 

Police Department: 

·                  Open Range Gravel Run: 

Police Chief Humble stated that they would be doing the same as last year in escorting the bikers at 7:30 a.m. on April 27th.  Chief Humble added that they would open Lemon Park at 5:00 a.m. and be available if anyone needed anything. 

·                  Drug Take Back Program: 

Chief Humble stated that they would be doing the Drug Take Back Program on April 27th at Wal-Mart and at the County Preparedness Fair that would be at the armory.  Chief Humble commented that they would have the pedal car for impaired driving and the K-9 at the Fair. 

·                  Insurance/LEC: 

Chief Humble stated that EMC had contacted him and the mold problem was not covered by insurance.  Commissioner Leslie asked if they knew where the leaks were coming from.  Chief Humble stated that it was from the flashing and the HVAC system that had been put in.  Chief Humble added that some existed from the old boiler system.  Chief Humble stated that he was working with Sheriff White and they were taking this situation seriously. 

·                  K-9:

Commissioner Peters asked how often the K-9 was being used.  Chief Humble stated that it was used quite a bit and they had also had a request from another agency to use the dog in another jurisdiction.  Commissioner Peters questioned if they had to pay for that.  Chief Humble stated that they did not.  Commissioner Peters asked if they could call on him any time of day.  Chief Humble commented that he was available 24/7.

Finance Department: 

·                  Budget Schedule:

Finance Director Garten stated that she had put a budget time line for this year in the packet and asked for the Commissioners to look it over and let her know what works for them.  Ms. Garten commented that this followed what was done last year. 

·                  Sales Tax: 

Ms. Garten stated that sales tax was still up 7% over last year.

·                  Audit: 

Ms. Garten commented that the auditors would be here the week of April 15th.  Ms. Garten added that this would be the second year for this company. 

Mayor and Commission: 

·                  Solar Farm Contest:

Mayor Meyer questioned when Inovateus would be naming the winner of the contest to name the Solar Farm.  Mr. Eckert stated that he had talked to them and it should be ready by the end of the month. 

·                  Chamber Meeting: 

Mayor Meyer stated that he had attended a Chamber meeting in Wichita with Chamber Director DeClue and they had promoted Wichita instead of Kansas City.  Mayor Meyer commented that there was a pilot shortage and they had a mandatory retirement age of 65. 

·                  Bruce Pinkall: 

Commissioner Deeds took a moment to recognize Recreation Director Pinkall for doing an exceptional job with the Management Committee for the track and soccer facility.  Commissioner Schmidt added that there was good leadership and that solved a lot of problems. 

RECESS:

Mayor Meyer made a motion to recess until Thursday, April 4th at 11:00 a.m. for the groundbreaking for the track and soccer complex.  The motion was seconded by Commissioner Schmidt and carried unanimously.
 
 
                                                         
Doug Meyer, Mayor

ATTEST:

                                                           
LuAnn Kramer, City Clerk

 

 

 

 

Thursday, April 11, 2019

04/15/2109-City Commission Meeting Agenda


MONDAY
 
APRIL 15, 2019

PRATT CITY COMMISSION – REGULAR COMMISSION MEETING

COMMISSION ROOM – 5:00 P.M.

1.      CALL TO ORDER (Remind the audience that meeting is being recorded and/or taped.)
2.      ROLL CALL
3.      INVOCATION & PLEDGE OF ALLEGIANCE
4.   CONSENT AGENDA:
      4.1 Minutes:          April 01, 2019 Regular Commission Meeting
                                    April 04, 2019 Recessed Commission Meeting
                                                                         
5.   BUSINESS:

5.1   Consideration and Approval of Materials Bid for the Airport Waterline Improvement Project – Mike Youngers, EBH Engineering   (Bid Opening 4/12 @ 1:30 p.m.--Information to come to Commission Monday a.m.)

5.2   Consideration and Approval of Bid for Bore Projects for the Airport Waterline Improvement Project – Russell Rambat, Public Works Director; Kelvin Clay, Water Superintendent   (Bid Opening 4/12 @ 1:45 p.m.--Information to come to Commission Monday a.m.)

5.3   Discussion on Numbers Concerning the Municipal Building Electric and HVAC Bids – Bruce Pinkall, Recreation Director

5.4   Consideration and Approval of the Winner for the Pratt Solar Farm Logo Contest and the Winner for the Pratt Solar Farm Name Contest – Mayor and Commission

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

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

8.    ADJOURN

Monday, April 1, 2019

03/18/19-Approved Regular City Commission Meeting Minutes


MONDAY 

MARCH 18, 2019 

The Governing Body of the City of Pratt met in Regular Session in the Commission Room located at City Hall.
 
PRESENT:                  

Doug Meyer                 Mayor
Gary Schmidt               Commissioner
Don Peters                    Commissioner                         
Jason Leslie                  Commissioner
Zach Deeds                   Commissioner
                                                                                               
ALSO PRESENT: 
 
Roy Eckert                   City Manager
LuAnn Kramer             City Clerk
Regina Probst               City Attorney
Diana Garten                Finance Director
Russell Rambat             Public Works Director
Brad Blankenship         Building Inspector
Jamie Huber                 Director of Electric Utilities
Bruce Pinkall                Recreation Director
                                              
CALL TO ORDER: 

The regular meeting was called to order by Mayor Meyer.  The Mayor instructed the City Clerk to note that all Commissioners were present. 

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

INVOCATION AND PLEDGE OF ALLEGIANCE: 

Mayor Meyer led the staff and audience in the invocation and the Pledge of Allegiance.

CONSENT AGENDA: 

·        March 04, 2019 Regular Commission Meeting
·        March 07, 2019 Recessed Commission Meeting 

Commissioner Peters made a motion to approve the consent agenda.  The motion was seconded by Commissioner Schmidt and carried unanimously. 

BUSINESS: 

DISCUSSION ON DANGEROUS ANIMAL ORDINANCE: 

Mayor Meyer informed the Commission, staff and audience that the City Attorney had some ground rules for this discussion.  City Attorney Probst stated that she knew that emotions run high on this subject and she could argue both sides.  Ms. Probst explained that there were proponents that felt very strongly that certain breeds were dangerous and they wanted to protect children and the elderly and a ban would benefit those populations.  Ms. Probst continued explaining that the other side were the owners of those breeds and they were like a member of their family.  Ms. Probst commented that taking away their animal was like taking a child. 

Ms. Probst asked that everyone respect each other during this open debate and the best thing for the municipality would be done.  Ms. Probst stated that there was to be respect in this room, in the hallway and in the parking lot.  Ms. Probst informed those in attendance that they would get three minutes to speak, which would be monitored closely.  Ms. Probst asked that there be no side bar commenting and that they keep the discussion fact based and not emotion based.  Ms. Probst stated that this discussion was for the citizens of Pratt and anyone who had been affected by this ordinance.  Ms. Probst added that this ordinance did not affect the County and she respectfully asked that the discussion be kept to those that it applies to.  Ms. Probst stated that she would not hesitate to say something if anyone was disrespectful. 

Mr. Mark Walker, Preston resident, stated that he was the owner of the dog in the park incident.  Mr. Walker commented that everything that was in the paper was not exactly what happened.  Mr. Walker stated that he was parked on the north diamond parking lot and had been making a phone call and his dog was in the truck with him.  Mr. Walker added that he had the window down about half way.  Mr. Walker stated that Mr. Troy McEachern pulled up beside him and he noticed that they had their doors open, but he did not know that they had a dog.  Mr. Walker commented that they walked the dog by the truck and his dog slid out the window, which he had never done before.  Mr. Walker informed everyone that his dog had never bitten anyone or anything before.  Mr. Walker stated that his dog smelled the first dog and Mr. McEachern’s dog nipped his dog on the nose.  Mr. Walker explained that Mr. McEachern’s dog had also bit him when he was trying to get them apart and that Mr. McEachern’s dog was scared and ran into his truck.  Mr. Walker commented that Mr. McEachern had stated that he was going to shoot his dog if he did not get him off and he had his head right there also.  Mr. Walker stated that his dog was a good dog and he had been walking him in the park for eight years.

Humane Society Manager April Hemphill stated that she thought this was a good idea a year ago to do a dangerous animal ordinance.  Ms. Hemphill commented that if an animal was dangerous, it just was.  Ms. Hemphill stated that they had adopted out a lot of pit bulls and people came out and got theirs now. 

Mr. McEachern stated that he had come before the Commission about thirty days ago about his dog being attacked by a pit bull.  Mr. McEachern stated that his dog did not bite Mr. Walker’s dog; however, Mr. Walker’s dog would not release his dog so he did put the pistol to the pit bulls head.  Mr. McEachern commented that he did not care if pit bulls were in back yards, but owners needed to keep them there and out of the parks.  Mr. McEachern stated that he had seen Mr. Walker walk his dog before and pit bulls were strong.  Mr. McEachern added that he was glad that he did not have to kill the dog, because then he would be in trouble for that. 

Commissioner Leslie’s father-in-law, Mr. Foy O’Neal, stated that he had been a Shelter Insurance agent for years and had a little bit of experience with this.  Mr. O’Neal commented that his largest claim for a dog bite was $300,000 and it was for an eighteen month old little girl who had been eating and was attacked by the family’s pit bull.  Mr. O’Neal added that the little girl had to have lots of surgeries so the claims were probably way more than $300,000 and she was damaged forever.  Mr. O’Neal also related stories about pit bulls and one coming through a screen window after him.  Mr. O’Neal stated that he and his wife walk and they did not want to feel like they had to carry a pistol or mace. 

Mrs. Donna McEachern stated that their dogs were on leashes that day and the pit bull dog had come after her little dog and she had grabbed it up.  Mrs. McEachern commented that the pit bull then went after the bigger dog and Mr. McEachern yelled at Mr. Walker to get his dog.  Mrs. McEachern stated that she wondered what would have happened if they had had their grandkids.  Mrs. McEachern explained that the dog jumped out of the truck window and this was an unfortunate accident, but the City needed to revisit the ordinance.  Mrs. McEachern added that their dog did jump into Mr. Walker’s truck because he was scared and she thought he was going to die. 

Pratt resident Mr. Gene Messick stated that pit bulls were a breed that came from wolves and they could react in many ways.  Mr. Messick commented that Huskies and German Shepherds were marked as dangerous also and dogs were naturally active to the situation around them.  Mr. Messick added that if you were swung at the first time you met someone, you would become defensive also.  Mr. Messick stated that it was not always the dog’s fault or the owners.  Mr. Messick commented that we needed to take it for what it was and he hoped that the Commission let people keep their pets.  Mr. Messick added that maybe this could be revisited in a few years. 

Mr. Gary Skaggs, former City Commissioner, questioned what the Commission had discovered in other communities so they would know what worked and what did not.  Mr. Skaggs commented that it was hard to enforce a breed specific ordinance.  City Attorney Probst stated that jurisdictions were moving away from breed specific.  Ms. Probst added that the American Veterinary Association, the American Bar Association and the Center for Disease Control were also proponents of the non-breed specific language.  Mr. Skaggs asked if the ordinance was being enforced.  Ms. Probst stated that research showed that it sounds like a ban, but she would write whatever ordinance she was directed to write.  Ms. Probst explained that a breed specific ordinance would make officers decide on what breed a dog was and that puts them in a bad situation.  Ms. Probst commented that vet clinicians have said that a dog was a pit bull and they find out later they were wrong.   Ms. Probst repeated that that puts the officers in a bad situation and they could not do that.  Mr. Skaggs asked what the answer was if the Commission continued with a non-breed specific ordinance.  Police Chief Humble stated that the current ordinance covered all breeds, which was much easier to enforce.  Mr. Skaggs questioned if a dog was vicious that charges the fence every time he takes out the trash and continues to bark until he goes back in the house.  Chief Humble commented that that would be a noise violation, but not a vicious.  Mr. Skaggs disagreed.  Chief Humble stated that it did not make an animal a vicious animal if they were within your area.  Mr. Skaggs stated that he did not want the City to wait until an attack on someone.  Ms. Probst read this from the ordinance:  ‘Any animal which behaves in a manner that a reasonable person would believe poses an unjustified imminent threat of serious injury or death to one or more persons or domestic animals.’  Ms. Probst explained that we did not have to have an attack, but a reasonable situation where they were posing an imminent threat.

Mr. Troy McEachern stated that he did not have any facts with him; however, he had read some that stated that pit bulls were listed as the top dangerous breed.  Mr. McEachern commented that pit bulls make up 6.5% of the dog population and account for 64% of deaths   Commissioner Leslie commented that those were probably from Humane Society facts and he would defer from using their factual basis.  Commissioner Leslie stated that he had done a lot of research on both sides and not just on Breed Specific Legislation (BSL).  Commissioner Leslie stated that the numerous facts came from pediatrics, surgeon center, municipalities and States.  Commissioner Leslie added that 50% listed the pit bull as number one followed by Rottweiler and German Sheppard.  Commissioner Leslie stated that State Farm Insurance was a big proponent of the pit bulls and against BSL.  Ms. Probst stated that State Farm had issued a statement that they did not care what breed of dog was owned by a person.  Commissioner Leslie pointed out that they saw a 15% increase in dog bites and paid out $18 million more than the previous year.  Commissioner Leslie commented that they had removed the breed specific language in 2016 and had paid out billions in dog bite related claims.  Mr. McEachern stated that he knows that people love their pets, but he just wanted them out of the parks.

Ms. Hemphill again addressed the Commission and stated that there were the dog bites that got reported and those that did not.  Ms. Hemphill commented that she had heard stories on the news about a little girl that was attacked by two dogs and they turned out to be Huskies and there were many more stories out there; however, there were other bites that were never reported and she had kept that in mind when doing her research.  Commissioner Leslie stated that Level 1 bites were the most severe bites and those were the ones that caused the most permanent damage and what they were interested in.  Commissioner Leslie added that they were not looking at banning pit bulls, but they wanted responsible owners in town.  Ms. Hemphill stated that, in talking about responsible owners, the Humane Society would help with licensing pets and that would help this situation and theirs also.
 
Mayor Meyer thanked everyone for coming to the meeting and addressing the Commission.  Mayor Meyer commented that the Commission had done their research and did not take this lightly.  Mayor Meyer commented that it had taken six months to develop it.  Mayor Meyer pointed out that the literature stated that there were twenty-six states that still allow Breed Specific Legislation.  Mayor Meyer commented that they did not demand it; however, they allowed it.  Mayor Meyer stated that he began thinking that maybe he had voted wrong before so he looked for a municipality that had BSL and non-breed specific and he could not find one.  Mayor Meyer agreed with Ms. Hemphill in that you could make numbers and statistics show what you wanted.  Mayor Meyer stated that the City Commissioners were not trend setters, but they moved to a non-breed specific vicious animal dog Ordinance 1804 with a lot of thought and input on enforceability from the previous Police Chief.  Commissioner Peters stated that he felt that we had a good ordinance, but it had to be enforced and make the owners be accountable.  Commissioner Peters suggested putting a flyer in the next electric bill that gives a summary of the Ordinance and fines and then enforce it.  Commissioner Peters added that they were policy makers and not enforcers.  

Commissioner Leslie questioned if the officers were enforcing the regulation now for the vicious animal leash law.  Chief Humble stated that they did when they could, but they did not get every single one.  Commissioner Peters stated that his research talked about getting a dog spayed or neutered and he recommended that the City put some money aside for people who could not afford it.  Ms. Hemphill informed the Commission that the Humane Society had that program already for low income Pratt County residents.  Ms. Hemphill added that she had not refused one application since being there.  Commissioner Peters stated that he was glad to hear that and that would be good information that could be included in the flyer.  Ms. Probst asked that the paper put something in there about low cost spay or neutering.  Commissioner Leslie stated that he felt the officers were enforcing it when they could, but there were two that break away from their leash and try to get in his back yard.  Commissioner Leslie commented that fining would not change anything, so we needed to be more proactive by having the owners go to the police department to register the animal, they had to have the animal spayed or neutered and they had to be on a leash.  Commissioner Leslie stated that he sees many without a leash in Lemon Park, so simple proaction would be putting regulations in place to protect the citizens.  

Commissioner Leslie added that banning would be impossible.  Commissioner Schmidt stated that there were three elements that were important and this ordinance covers them.  Commissioner Schmidt stated that those elements were enforcement, penalties and owner responsibility.  Commissioner Schmidt commented that they were not responsible to micro-manage the police department and it was not the Commission’s position to take on what the court fines were.  Commissioner Schmidt commented that the owner’s responsibility was also addressed in the Ordinance where it talks about liability insurance and a photo ID of the dog.  Ms. Probst stated that she had been encouraged that she had had only two pit bull bite cases; however, she was fearful after looking at how often dogs that were not pit bulls were categorized as pit bulls.  Ms. Probst explained that the police report stated that they were pit bulls and that they had caused injury.  Ms. Probst commented that the owner had taken the initiative to put the dog down by the time they came to court.  Ms. Probst stated that she had one case pending that she had not disposed of and that dog had also been put down, but she was waiting on the victim to tell her what she was requesting as restitution.  Commissioner Leslie asked Ms. Probst if she was addressing it as a pit bull breed and added that pit bull was not a breed, which was a common misconception.  Ms. Probst stated that she was addressing it as a vicious animal, but the police report reported it as a pit bull.  Ms. Probst commented that one of her concerns was establishing any laws that called a pit bull a pit bull.  Ms. Probst questioned if she was supposed to make the officers responsible to make the right call, because she had been told that they did not feel that that was enforceable.  Commissioner Leslie stated that a lot of the State courts had upheld that someone with common intelligence could identify a pit bull.  Mayor Meyer commented that even veterinarians could not tell sometimes.  Ms. Probst stated that that was right and she asked what kind of responsibility she was going to put on an entire police department when they tell her that they cannot do it.  Ms. Probst added that she did not think that it was fair to tell them they had to because of an ordinance.  Commissioner Peters stated that he did not think that that was the question, but whether it was a vicious dog and it did not matter what breed it was.  Commissioner Peters added that the owner had to be held responsible, it had to be enforced and the ordinance takes care of that.  Commissioner Peters commented that Police Chief Humble might need to have a meeting with the officers and let them know that this was a big concern of the Commission and public.  Commissioner Peters stated that an owner should be fined and then maybe they would do something different. 

Ms. Hemphill stated that the Humane Society had fees for animals that the police department brought to them that were running at large.  Ms. Hemphill explained that the first day would cost $25 and every day after was $15; however, they had no way to enforce it when the owner did not have the money to pay the fine.  Ms. Probst stated that there was a difference between a boarding fee and running at large.  Chief Humble stated that it was impossible to serve someone with a dog at large if they did not know the owner and a dog at large fine was done through the court system.  Ms. Hemphill commented that Animal Control might not know the owner, but the Humane Society does.  Chief Humble stated that they would cite the owner if they knew who it was. Ms. Laurie Stroda commented that the City paid the salary of the Animal Control officer, so there should be some way to make the owner accountable for that money.  Ms. Probst stated that the Animal Control Officer could not issue citations; however, they could determine that a citation was necessary and contact an officer.  Ms. Hemphill stated that their State information says that boarding fees were part of the City fine.  Commissioner Peters questioned if the only fine for a dog running loose was from the shelter.  Chief Humble stated that the owner could get a warning, but they would get a citation if it happened multiple times.   

Mayor Meyer stated that this ordinance was well modeled and he recommended, as did Mr. Messick earlier, that we sit on this for a year and then re-evaluate to see if any changes needed to be made.  Commissioner Leslie recommended that they improve the language of this to identify certain requirements you had to do for a pit bull type dog.  Commissioner Leslie added that it was not banning a dog, but an extra precaution such as the picture ID and registrations.  Mayor Meyer stated that we did not do registrations.  Commissioner Leslie stated that that was something we could do and he added that there were ninety other cities in Kansas that had BSL in place and they made it work.  Commissioner Peters stated that Kansas had one of the highest BSL’s in the United States.  Commissioner Leslie informed the Commission that eight of the ten Cities with the highest number of dog bites had either no BSL or BSL restrictions.   

Mayor Meyer asked if Commissioner Leslie was making a motion or recommendation.  Commissioner Leslie stated that he would make the motion to put additional language that puts some kind of regulations on pit bulls and that they were not banned, but there were certain things that we needed to take extra measures on.  Commissioner Schmidt asked if that was not already in the existing document.  Commissioner Leslie stated that it was not and it was something that was after the fact.  Commissioner Leslie stated that a dangerous animal was established as a dangerous animal after it bites someone.  Commissioner Leslie added that after it bites someone the owner was required to be covered with insurance and that did not solve the problem.  Commissioner Leslie stated that it was fine if we kept this one in place, but we were just waiting for the next one to happen.  Commissioner Deeds stated that he was encouraged with the discussion and the logistics of citation.  Commissioner Deeds commented that everyone probably agreed that there was something lacking in the dog owner being in compliance with this ordinance; however, he was also encouraged in what they had talked about with Chief Humble. 

Commissioner Schmidt asked Chief Humble if there were any programs by the State that trained officers in identifying vicious animals or specific breeds.  Commissioner Schmidt added that it sounded like it was pretty hard to do.  Commissioner Leslie stated that it was not.  Chief Humble stated that he did not know of any, but they could identify one if they were enforcing the ordinance currently in place.  Ms. Hemphill stated that the Kansas Department of Agriculture trains managers and animal control officers to tell the difference, how to handle fearful animals and how to distinguish what a fearful or aggressive animal is.  Ms. Hemphill added that the training was once a year for specifics.  Ms. Probst asked that Ms. Hemphill share that information with the Police Department.  Commissioner Peters questioned how you get an owner to bring in a photo ID and register the animal.  Commissioner Leslie stated that other municipalities had the owner bring the dog to Animal Control or the police department to get registered and they get a photo then.  Ms. Hemphill suggested that they could be microchipped, which was better than a photo.  Commissioner Leslie stated that that was another way to go and that puts a little bit of burden on the owner to do something responsible.  Ms. Hemphill commented that rabies vaccinations were required now and spaying or neutering was a must.  Ms. Hemphill added that some owners want to breed their animal; therefore, they would have to pay a higher registration fee.

Ms. Probst stated that she had other concerns; however, she could draft an ordinance similar to Andover, but there was no room in the budget for a person to do registrations, etc. and it would need to be implemented with care.  Public Works Director Rambat stated that he was an animal lover and he felt this was more a people problem than an animal problem.  Mr. Rambat commented that it was like guns in that there were some that were going to do more damage than another and it would depend on the extent of the damage.  Mr. Rambat added that this had to fit everybody.  Commissioner Leslie commented that they all looked at it from different angles and they wanted it to work for everyone.  Building Inspector Blankenship stated that people did not register their guns at the police department, so they probably would not take their dogs there to get registered either.  Chief Humble commented that the ones that would bring them in were not the ones they had issues with.  Mayor Meyer stated that his vet told him that people were bringing their pit bulls in on a regular basis now for care and he did not want the ordinance repealed.

Mayor Meyer questioned if we needed to make adjustments to involve registration and fine adjustments.  Ms. Probst stated that, if an owner was convicted, it was a Class C misdemeanor and up to a $500 fine and up to thirty days in jail.  Ms. Probst clarified that the Judge could increase the fine up to $500.  Commissioner Peters commented that we should also add that, if they could not pay the fine they would do jail time, to the flyer.  Commissioner Schmidt stated that that influence was above the Commission and micromanaging.  Ms. Probst stated that she could adjust the fines across the board because the Statute allowed for more than what we were doing.  Ms. Probst added that fines were a structure just like the utility rates.   

Mayor Meyer asked if there was a second for Commissioner Leslie’s motion.  Commissioner Deeds questioned if the leash law was being enforced.  Chief Humble stated that it was now and Animal Control did not take a dog back to the owner that they pick up.  Chief Humble added that the ones that run without a leash in the parks would get one warning and then a citation.  Mayor Meyer asked if the motion was to require registrations and reevaluate violation fines.  Commissioner Leslie stated that his motion was to look at more specific language to address some of the specific problems this did not address, like registration and increasing fines.  Commissioner Deeds seconded the motion.  Commissioner Leslie clarified that he wanted them to look at current wording and expand registration and the fine structure for vicious animals.  Commissioner Deeds seconded that wording in the motion.  Mayor Meyer called for a roll call vote.  Commissioner Deeds-yes, Commissioner Leslie-yes, Mayor Meyer-no, Commissioner Peters-yes and Commissioner Schmidt-no.   

Ms.  Probst stated that they needed to know who was to evaluate this.  Commissioner Leslie stated that it should be the police department and City Attorney and he would like to be a part of that also.  Ms. Stroda commented that they tried to do registration about thirty years ago and it was too hard to enforce.  Ms. Stroda stated that she totally got it, but the numbers did not work.  Ms. Hemphill stated that a lot could be done through the Humane Society and then they could keep the registration money and would not need as much from the City. 

CONSIDERATION AND APPROVAL OF ORDINANCE 1905 REGULATING THE SALE OF CEREAL MALT BEVERAGES AND BEER CONTAINING NOT MORE THAN 6% ALCOHOL: 

City Attorney Probst explained that Kansas Legislatures passed a law that would go into effect April 01, 2019 that allows Cereal Malt Beverage retailers to sell enhanced beverages up to 6%.  Ms. Probst commented that their thoughts were that so many other states had CMB laws in place that were changing from 3.2% to 6%.  Ms. Probst stated that 3.2% would go away; therefore, the City’s ordinance had to be changed to reflect the 6%.  Ms. Probst informed the Commission that she had received a model ordinance from the League and crafted it to comply with our ordinance.  Ms. Probst stated that the changes included the percentage change and the definition of Cereal Malt Beverage.  Mayor Meyer asked if the retailers would have to come and get a new license.  Ms. Probst stated that they did not and explained that they could sell 6% until the end of December on their current license. 

With no more discussion, the following Ordinance 1905 was presented to the Commission for their approval:  AN ORDINANCE REGULATING THE SALE OF CEREAL MALT BEVERAGE AND BEER CONTAINING NOT MORE THAN 6% ALCOHOL BY VOLUME WITHIN THE CITY OF PRATT, KANSAS AND REPEALING ORDINANCE 0102.  Commissioner Deeds made a motion to approve Ordinance 1905.  The motion was seconded by Commissioner Peters and carried unanimously. 
 
OPEN AGENDA:

No one in the audience wished to address the Commission. 

REPORTS:

·        Solar Conference: 

City Manager Eckert stated that the solar conference at BTI was well attended by over forty people.  Mr. Eckert commented that he had received a call from a Mayor today that wanted to see how they could get the process started, because they had liked what they saw.   

·        Hays company interested: 

Mr. Eckert stated that he had a meeting with a company out of Hays that was interested in the solar farm and he had met with about twenty-five people this morning at the Hampton Inn.  Mr. Eckert commented that they were not a city, but worked for cities. 

·        Mold issue:

Mr. Eckert commented that we needed to do something about the mold issues in the City/County building and the issue had been there for a long time.  Mr. Eckert stated that the City and County had expressed concerns and would look at all the processes possible.  Mr. Eckert added that this could not be good for anybody. 

Public Works:

·        Upcoming projects: 

Public Works Director Rambat stated that he had submitted two funding applications for KDOT’s City Connecting Link Improvement Program.  Mr. Rambat explained that one project was the two blocks on West Highway 54 between Mound Street and New Street and the other project was to replace the center 24’ of brick to concrete between Eighth Street and Tenth Street on South Main Street. 

·        Website: 

Mr. Rambat stated that the training for the website would be starting tomorrow and go into Wednesday.  Mr. Rambat commented that it should be live in about thirty days. 

Recreation Department: 

·        Lemon Park: 

Recreation Director Pinkall stated that they were almost done with the work on the fields in Lemon Park.  Mr. Pinkall commented that the fences were up and they hoped to have games at Angood Field on Friday and Dickerson Field next week.  Mr. Pinkall added that Director of Electric Utilities Huber was working on the electrical upgrades.   

Mayor Meyer questioned what the pile of dirt was from.  Mr. Rambat stated that it was from building the pad for the new restrooms.  Mr. Rambat commented that they had to do things the way the building contractor wanted so that we could get a warranty.  Building Inspector Blankenship added that it was too wet last week and they wanted us to wait seven to ten days to start work again. 

·        Track/Soccer Field: 

Mr. Pinkall stated that he had gone to a Track/Soccer Field meeting last week and they had looked at the bid processes and how the plans had been made.  Mr. Pinkall commented that the bids were due tomorrow for a majority of the project and the next meeting was March 26th, so they were moving right along. 

·        Municipal Building: 

Mr. Pinkall stated that he was closer to getting the heating and air bids at the Municipal Building.  Mr. Pinkall commented that he had help from Mr. Blankenship, Mr. Rambat and Mr. Huber. 

Police Department: 

·        Nicer weather/Thefts: 

Police Chief Humble stated that small thefts out of vehicles happen when the weather becomes nicer.  Chief Humble commented that that activity would go up in nicer weather and people should keep their vehicles locked and not leave their keys in them.  Chief Humble explained that most vehicle thefts were in ones that were unlocked.  Chief Humble asked that the Pratt Tribune put something in the paper about this subject. 

·        New Server: 

Chief Humble informed the Commission that the new server had come in and they would get it installed tomorrow.  

·        Nex-Tech:

Commissioner Leslie asked if Chief Humble had heard anything from Nex-Tech about patrolling more around their business.  Chief Humble stated that he had not, but they could have talked to an officer.  Chief Humble questioned if something had happened.  Commissioner Leslie stated that it was not here, but they were notifying all the offices in Kansas concerning the significant amount of loss due to theft and they were assuming that they were going to be making their rounds.   

·        Daily log: 

Mayor Meyer stated that he appreciated the daily log from the police department.

·        Humane Society: 

Commissioner Peters asked if Chief Humble had gotten his reports from the Humane Society yet.  Chief Humble stated that he had January and February’s.  Chief Humble commented that he would like to see more cooperation especially after the discussion tonight.  Commissioner Leslie stated that he would like to be a part of that and that Ms. Hemphill had some great ideas. 

Mayor and Commission: 

·        Press Release: 

Mayor Meyer stated that the press release for the March 7th Solar Conference was almost complete and would be in the paper. 

·        Executive Session: 

Mayor Meyer requested an executive session at the end of the meeting for non-elected personnel to last fifteen minutes. 

·        Financial updates: 

Commissioner Deeds thanked Finance Director Garten for the financial updates. 

·        Comments: 

Commissioner Leslie thanked everyone for the insightful comments and respect for everyone’s thoughts tonight. 

·        Executive Session #1: 

Mayor Meyer made a motion for an executive session for non-elected personnel to last from 6:55 p.m. to 7:10 p.m.  The motion was seconded by Commissioner Deeds and carried unanimously. 

Mayor Meyer made a motion to return from executive session at 7:09 p.m. with nothing to report.  The motion was seconded by Commissioner Peters and carried unanimously. 

·        Executive Session #2: 

Mayor Meyer made a motion for an executive session for attorney/client privilege to last from 7:15 p.m. to 7:30 p.m.  The motion was seconded by Commissioner Schmidt and carried unanimously. 

Mayor Meyer made a motion to return from executive session at 7:30 p.m. with nothing to report.  The motion was seconded by Commissioner Leslie and carried unanimously. 

ADJOURN:

Commissioner Leslie made a motion to adjourn.  The motion was seconded by Commissioner Peters and carried unanimously. 

                                                         
Doug Meyer, Mayor
 
ATTEST:
 
                                                          
LuAnn Kramer, City Clerk