December 03, 2012
The Governing Body of the City of Pratt met in Regular Session in the Commission Room located in City Hall.
Bill Hlavachick, Mayor
Jeff Taylor, Commissioner
Gary Skaggs, Commissioner
Karen Detwiler, Commissioner
Lucus Kumberg, Commissioner
Dave Howard, City Manager
LuAnn Kramer, City Clerk
Ken Van Blaricum, City Attorney
Diana Garten, Finance Director
Russell Rambat, Public Works Director
Gary Myers, Chief of Police
Brad Blankenship, Building Inspector
Kelly Hemphill, Dir. of Electric Utilities
Bruce Pinkall, Recreation Director
CALL TO ORDER:
The regular meeting was called to order by Mayor Hlavachick. The Mayor instructed the Clerk to note that all Commissioners were present.
INVOCATION AND PLEDGE OF ALLEGIANCE:
Commissioner Taylor led the staff and audience in the invocation and Pledge of Allegiance.
Comissioner Taylor made a motion to approve the minutes of the November 19, 2012 regular Commission meeting. The motion was seconded by Commissioner Kumberg and carried unanimously.
CONSIDERATION AND APPROVAL OF REQUEST FOR FINANCIAL ASSISTANCE FROM THE PRATT AIRPORT AUTHORITY:
Airport Executive Director Reid Bell reminded the Commission that he had been to visit with them a few months ago and they had asked for more time to consider helping with a funding request Mr. Bell explained that they would not be able to match funds for projects if they could not get the request from the City and County. Commissioner Skaggs questioned how much they needed to have in reserve. Mr. Bell explained that they would be going out for bids in January and needed 10% of $450,000 for that project. Mr. Bell stated that a million or million and a half was what they would need for a grant to do a runway project. Mr. Bell commented that they were not supposed to be banking a lot of money, but they would like to have enough to move forward with airport improvements. Commissioner Skaggs asked about the terminal improvements. Mr. Bell explained the locations of the terminal and fuel station and added that there was failing pavement in that area that would have to come out from the base up.
Commissioner Taylor questioned if this money would be used for an actual project, but not matching funds. Mr. Bell stated that that was correct. Mayor Hlavachick asked if the air traffic had increased. Mr. Bell stated that it had increased quite a bit. Mr. Bell explained that Mr. Randy Huitt’s business was down, because business aircraft had such a range that they do not have to fuel here. Mr. Bell added that the current administration would hurt aviation if they get the $100 user fee implemented.
Commissioner Skaggs questioned if the ED Board and the County had approved their $50,000. Mr. Bell stated that the ED Board said that Red Man had to hire one more employee to get them up to fifteen and the County was waiting to see what the City was going to do. Commissioner Kumberg questioned what their total debt service was. Mr. Bell stated that they had taken out a $300,000 loan for the Red Man building and that was all.
Commissioner Detwiler questioned what they had done about the other building they were going to build. Mr. Bell explained that they decided that they did not want them to go that far and they ended up remodeling the building they were in, which corrected some drainage problems. Commissioner Detwiler asked if that amount comes off the total amount funded. Mr. Bell stated that that was before they made their decision and they ended up borrowing $300,000. Commissioner Detwiler commented that she was having trouble coming up with the figures he had given the Commission and, after some discussion; Mr. Bell was asked to give them more explanation.
Commissioner Skaggs questioned if Mr. Withers’ development was in direct competition with the airport. Mr. Bell stated that it did not seem to be. Commissioner Skaggs asked if they still got inquiries. Mr. Bell stated that he had gotten two last week and they were going to end up being there. Mr. Bell added that they were also talking to the ED Board and Chamber. Commissioner Kumberg questioned if this $50,000 could be classified as a grant or a loan for a period of time. Mr. Bell stated that it would be more of a gift. Commissioner Detwiler questioned if the Airport participated in the Revitalization Program. Mr. Bell stated that he thought they did. Commissioner Detwiler stated that the treasurer’s office said that it would not be appraised until the project was complete. Mr. Bell commented that he had been notified that they were approved. Commissioner Detwiler questioned if the revitalization comes back to the airport. Mr. Bell stated that the tenant pays that, so they would get the refund. Commissioner Kumberg stated that that would be part of the lease agreement.
Commissioner Detwiler questioned if Red Man had stated that they would leave if the building was not up in three months, which she considered blackmail. Mr. Bell stated that they had said that they would look elsewhere. Mr. Bell added that he did not think that they would have, but it did get done in three months. Commissioner Taylor commented that he was concerned that the Commission was not made aware of this before it started and that the appropriate bidding process was not followed. Commissioner Taylor stated that he would appreciate it if they came to City Manager Dave Howard or the Commission in the future before a project starts. Commissioner Taylor stated that he was in favor of giving money to the Airport Authority and that he had seen improvements in the last fifteen years.
After little more discussion, Commissioner Taylor made a motion to approve the $50,000 for the Airport Authority out of the economic fund. Commissioner Skaggs seconded the motion. Commissioner Kumberg stated that the economic values outweigh how this was handled; however, he questioned if there had been an official waiving of the bid process. Mr. Bell stated that there was not, but there was a consensus and that was not the way they normally do things. Mr. Bell added that no local contractors were interested because they would have had to hire so many sub-contractors. Commissioner Kumberg recommended that the Board remember the bidding process in the future and have an actual agreement if they waive that process. Commissioner Detwiler questioned if there was an ordinance that we were to follow for the business of the City and bid requirements. Commissioner Detwiler mentioned anti-trust laws and the State and Federal laws pertaining to changing a process. Commissioner Kumberg commented that we were able to waive the bidding process. Commissioner Taylor reminded them that we were not involved in the bidding process and that we were giving them $50,000 to put towards their building. City Attorney Ken Van Blaricum stated that the Airport Authority had Mr. Mike Johnston as their legal counsel and he would keep them on track. A vote on the motion and second was four approved votes and one opposed vote from Commissioner Detwiler.
Mr. Bell stated that he would get the Commission a copy of their 2013 budget and an explanation of the first correspondence he had for them.
CONSIDERATION AND APPROVAL OF THE 2013 CMB LICENSE RENEWALS:
Police Chief Gary Myers stated that he had reviewed the 2013 applications that had been returned from those businesses wishing to sell cereal malt beverages. Chief Myers added that ten had returned their applications on time and had met the requirements for licensing, but there was one business that had returned their application late so it would be on the next agenda. Chief Myers stated that he gave his approval of the applicants and asked for approval of the 2013 Cereal Malt Beverage Licenses. A motion was made by Commissioner Taylor to approve the 2013 Cereal Malt Beverage licenses for the listed businesses. The motion was seconded by Commissioner Kumberg and carried unanimously.
CONSIDERATION AND APPROVAL OF THE MUNICIPAL JUDGE AGREEMENT FOR 2013:
City Attorney Van Blaricum stated that the City had various contracts that we look at and some were for one year and others were for more. Mr. Van Blaricum added that he felt that they should be reviewed once a year.
Mr. Van Blaricum stated that this agreement was for Mr. Rob Eisenhauser as Municipal Judge and it was basically the same as the year before, but there was some confusion with the health insurance benefit, so he had improved that. Mr. Van Blaricum stated that Mr. Eisenhauser was in agreement with the contract and he had done a good job. Commissioner Skaggs questioned if the contract included an increase in his salary. Mr. Van Blaricum stated that it did not. Commissioner Kumberg made a motion to approve the agreement for the Pratt Municipal Judge. The motion was seconded by Commissioner Skaggs and carried unanimously.
CONSIDERATION AND APPROVAL OF THE AGREEMENT FOR PROVISION OF PUBLIC DEFENDER SERVICES FOR 2013:
Mr. Van Blaricum stated that this was the same contract with Ms. Candace Lattin for her position as the Public Defender. Mr. Van Blaricum commented that Ms. Lattin handles indegent criminal matters in Municipal.Court and that involves hundreds of cases a year. Mr. Van Blaricum pointed out that there were no changes in this contract. Commissioner Skaggs made a motion to approve the renewal of the agreement with the Public Defender. The motion was seconded by Commissioner Taylor and carried unanimously. Mr. Van Blaricum stated that this included the same salary as last year.
CONSIDERATION AND APPROVAL OF THE CITY ATTORNEY AGREEMENT FOR 2013:
Mr. Van Blaricum explained that this agreement was very much the same as last year and that he had received a 3% raise then, but not with this agreement. A motion by Commissioner Kumberg to approve the City Attorney agreement between the City of Pratt and Mr. Ken Van Blaricum. The motion was seconded by Commissioner Skaggs and carried unanimously.
CONSIDERATION AND APPROVAL OF ORDINANCE 1213 AMENDING CLASSIFICATION AND COMPENSATION OF HOURLY EMPLOYEES AND SALARIES OF ELECTED AND APPOINTED OFFICERS AND EMPLOYEES OF THE CITY OF PRATT:
Mr. Van Blaricum stated that this ordinance basically brings the salary schedules up to date. The following Ordinance 1213 was then presented to the Commission for their approval: AN ORDINANCE AMENDING ORDINANCE 1110; CLASSIFICATION AND COMPENSATION OF HOURLY EMPLOYEES AND SALARIES OF ELECTED AND APPOINTED OFFICERS AND EMPLOYEES OF THE CITY OF PRATT, KANSAS. A motion by Commissioner Taylor to adopt Ordinance 1213 amending the classification of employees of the City of Pratt was seconded by Commissioner Skaggs and carried unanimously.
CONSIDERATION AND APPROVAL OF RESOLUTION 120312A DEFINING THE BOUNDARIES OF THE CITY OF PRATT:
Mr. Van Blaricum stated that this was routine business at the end of the year and this was updated by Mr. Alan Luttrell from EBH Engineering. Mr. Van Blaricum commented that this was the same as last year, but reflected the addition of the annexations done in 2012. Commissioner Skaggs commented that it would be nice to have the additions highlighted so that we know where they are.
The following Resolution 120312A was then presented to the Commission for their approval: A RESOLUTION DEFINING THE BOUNDARIES OF THE CITY OF PRATT, KANSAS, AND REPEALING RESOLUTION NO. 121911A. Commissioner Skaggs made a motion to adopt Resolution 120312A defining the boundaries for the City of Pratt and repealing Resolution 121111A. The motion was seconded by Commissioner Taylor and carried unanimously.
CONSIDERATION AND APPROVAL OF RESOLUTION 120312 EXEMPTING THE CITY OF PRATT, KANSAS FROM THE REQUIREMENTS OF K.S.A. 75-1120A(A) PROVIDING FOR UNIFORM SYSTEM OF FISCAL PROCEDURES, ACCOUNTING, AND REPORTING FOR MUNICIPALITIES:
Mr. Van Blaricum stated that this resolution states that we report out financials on a cash basis. Finance Director Diana Garten stated that this was a resolution that had to be approved each year that exempted the City out of general accepted accounting principles, which was of no benefit to us, but was required by the auditors.
The following Resolution 120312 was then presented to the Commission for their approval: A RESOLUTION EXEMPTING THE CITY OF PRATT, KANSAS FROM THE REQUIREMENTS OF K.S.A. 75-1120a(a) PROVIDING FOR UNIFORM SYSTEM OF FISCAL PROCEDURES, ACCOUNTING, AND REPORTING FOR MUNICIPALITIES. A motion by Commissioner Kumberg to approve Resolution 120312 as written was seconded by Commissioner Detwiler and carried unanimously.
• Luca Matei comments:
Mr. Luca Matei commented to the Commission that he had tried to take something to the recycling center and they thought that he was from the motel, but he told them that he was from rental properties. Commissioner Taylor commented that that was a County matter and not City. Mr. Matei stated that he had to pay to have a mattress or TV taken off.
Mr. Matei commented that there were problems with tenants where the police were called and there were big damages. Mr. Matei stated that the Commission works for us. Commissioner Taylor questioned if Mr. Matei was not being notified of damage to property. Chief Myers stated that they notify the landlord or owner if they had to kick down the door but, if two people were fighting, the officers should notify them and a criminal damage to property report filled out. Chief Myers stated that he would check to make sure that was happening. Mr. Matei stated that renters lie, so he needs access to that information. Mr. Matei commented that he does not have access to addresses if a tenant takes off. Commissioner Detwiler questioned if the owner was in violation if there was drug activity on their property. Mr. Van Blaricum stated that the people were in violation and they were accountable. Mr. Van Blaricum added that the owner was not accountable for the tenant committing a crime.
Commissioner Skaggs questioned if you could find out if they were felons before renting to them. Commissioner Taylor stated that you could do a back ground check and find out if they had any convictions. Mr. Matei commented that some people violate again and again. Mr. Van Blaricum stated that there were internet places to check any individual and, if Mr. Matei was not doing it, he should be. Commissioner Taylor stated that you do not have to rent to them and let them rehabilitate somewhere else. Mr. Van Blaricum clarified that, if a crime was committed on your property and it was an active case, you do not have the right to know about the investigation. Mr. Matei questioned why it was on the internet if nobody had the right to know. Mr. Matei added that many were charged, but others were falsely accused. Mr. Van Blaricum stated that Mr. Matei should learn to check out potential tenants. Mr. Matei commented that those people are taken to jail and then we pay more money, so rent is $400, but jail is $8,000. Mr. Matei questioned how we protect our interests.
• KDWP Christmas party:
Mr. Howard commented that KDWP had extended an invitation to the Commission to attend their Christmas party on December 13th at noon. Mr. Howard stated that they wanted them to RSVP. Commissioner Taylor and Commissioner Kumberg stated that they would attend, but the others had prior commitments.
• Hospital meeting:
Mr. Howard stated that there would be a meeting tomorrow with hospital staff, their contractors and City staff to go over utilities. Mr. Howard commented that they would be working out details and they would bring them to the Commission in the next meeting.
• Patrick house:
Mr. Howard commented that the Patrick house had been removed east of town.
• Pre-conference meeting:
Mr. Howard stated that there had been a pre-conference meeting for the Wastewater Treatment Plant Improvement Project. Mr. Howard added that it should be a competitive bid.
• County planning meeting:
Mr. Howard informed the Commission that there was a County Planning meeting on December 17th and the BP project in Pratt County would be discussed.
• Department updates:
Public Works Director Rambat stated that the playground equipment for Loren Minnis Park had been ordered.
Mr. Rambat commented that the street department had been leveling areas on North Main to improve that area a little bit.
Mr. Rambat informed the Commission that the wastewater department had been applying weed killer to lines.
Mr. Rambat stated that Centennial Park was finished except for the water tap.
Mr. Rambat added that Mr. Kyle McCawley and his engineer would be out tomorrow to access the pool without the liner and to see where we were at. Mr. Rambat stated that we would try to get on a path to get started.
• Update on future projects:
Building Inspector Brad Blankenship informed Commissioner Skaggs that the thermostat had been installed at the Scout Cabin.
Mr. Blankenship stated that he had had a phone call from Graber Surveying and they should be starting on the Best Western Hotel by December 10th.
Mr. Blankenship commented that there should be some movement on the car wash this week or next week for sure.
Mr. Blankenship stated that there were plans for Parkwood Villege’s remodel of their kitchen and Arrowhead West facility was starting to roll.
• Employee Christmas dinner:
Recreation Director Bruce Pinkall stated that the City employee Christmas dinner would be on December 20th at noon at the Municipal Building. Mr. Pinkall added that they had invited the employees and board members.
• Downtown meeting:
Mr. Pinkall stated that he had finished up his meeting with the businesses downtown and there would be a meeting Thursday evening and they had been invited individually. Mr. Pinkall commented that the agenda would be structured so they could get in and out. Mr. Pinkall stated that they would listen to their thoughts and have EBH give them ideas if we were to proceed. Mr. Howard stated that he had heard both ways on liking and not liking the idea of another Main Street project. Mr. Pinkall added that this meeting was not just for the Main Street businesses and that anyone who was interested could attend.
• Year-end inventory:
Power Plant Superintendent Ernie Smith informed the Commission that the power plant had been working on year-end inventory and continuing to work on preventive maintenance.
• Sales Tax for November:
Finance Director Diana Garten stated that the City was up $170,900 in sales tax from last year. Ms. Garten commented that, if we keep going as we had been, we would break $2 million, which would be an all time high.
Ms. Garten informed the Commission that the auditors would be here Wednesday for their preliminary work and then they would be back to do field work in the spring.
• Loud Christmas music:
Commissioner Detwiler commented that the volume on the music in Lemon’s Park was very loud and questioned if anyone could turn it down. Mr. Pinkall stated that he had a key and would go see if he could turn it down.
• Landscape Ordinance:
Commissioner Taylor questioned if Mr. Blankenship had anything on the landscape ordinance. Commissioner Taylor suggested bringing one in so that we could get it started. Mr. Blankenship stated that he would do that.
Commissioner Detwiler made a motion to adjourn that was seconded by Commissioner Taylor. The motion and second carried unanimously.
BILL D. HLAVACHICK, Mayor
LUANN KRAMER, City Clerk