Monday, June 16, 2014

06/02/14-Approved City Commission Meeting Minutes

MONDAY
JUNE 02, 2014

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

PRESENT:              
    
Jeff Taylor                   Mayor
Bill Hlavachick           Commissioner
Gary Skaggs                Commissioner
Lucus Kumberg          Commissioner
Doug Meyer                Commissioner

ALSO PRESENT:    
   
Dave Howard                City Manager
LuAnn Kramer              City Clerk
Ken Van Blaricum        City Attorney
Gary Myers                   Police Chief    
Russell Rambat             Public Works Director                        
Brad Blankenship         Building Inspector
Kelly Hemphill             Dir. of Electric Utilities
 Bruce Pinkall               Recreation Director

 CALL TO ORDER:

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

INVOCATION AND PLEDGE OF ALLEGIANCE:

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

MINUTES:

Commissioner Skaggs made a motion to approve the minutes of the May 19, 2014 regular Commission meeting.  The motion was seconded by Commissioner Hlavachick and carried unanimously.

RECOGNIZE PHS 2014 SOFTBALL STATE CHAMPIONS:

Mayor Taylor stated that it was a rare opportunity when you get to recognize 4A State Softball Champions, but the Pratt High School girls were just that.  Mayor Taylor explained that the team won convincingly   outscoring their opponents 35 to 5.  Mayor Taylor introduced Principal Blankenship, AD Nightingale and Coach Forshee and then had the girls introduce themselves and the position they play.  Mayor Taylor congratulated the team on an accomplishment that they would remember for a lifetime.

BUSINESS:

CONSIDERATION AND APPROVAL OF 2014 CMB LICENSE FOR LONESTAR STORE #22 (FORMERLY PRIME TIME) AT 823 N. MAIN:

Police Chief Myers stated that Prime Time had sold and the new owners had applied for the remaining 2014 Cereal Malt Beverage license.  Chief Myers commented that they had met all the requirements to do so and he recommended the approval of the 2014 Cereal Malt Beverage to Lonestar Store #22.  Commissioner Kumberg made a motion to approve the application for the Cereal Malt Beverage for the rest of 2014 for Lonestar #22, formerly Prime Time.  The motion was seconded by Commissioner Meyer and carried unanimously.

CONSIDERATION AND APPROVAL TO ADD A STORAGE SHED AT ANGOOD FIELD:

PCC Softball Coach Mike Manderino explained to the Commission that they needed a storage unit at Sixth Street that would house their mower.  Mr. Manderino stated that the existing shed had been broken into several times and the proposed one was more secure.  Mr. Manderino commented that he had been driving the mower back and forth, which cost him time and money for gas.  Mr. Manderino stated that they would be painting the unit that had been donated by Southwest Truck and it would be located just outside the dugout.  Commissioner Skaggs questioned if it would fit on the concrete slab that was there.  Mr. Manderino stated about two feet of it would be outside the dugout.  Mayor Taylor asked if it was metal construction.  Mr. Manderino commented that it was.  Mayor Taylor commented that it did not look very good in the pictures, but he realized their need.

Commissioner Kumberg questioned if there would be somewhere else they could store the mower.  Recreation Director Pinkall stated that there was not a great place to put a mower in and other places also have issues.  Mayor Taylor questioned if they had to also transport their equipment back and forth.  Mr. Manderino stated that those were in the other shed, but would be put in this shed.  Commissioner Skaggs stated that he thought the City could make it on a temporary basis until we knew what the future of Lemon Park was going to be.  Commissioner Hlavachick asked if they play fall ball.  Mr. Manderino stated that they do and they do a lot of work on the field.  Mayor Taylor stated that it was a nice ball park and we appreciated the work that they do.  Commissioner Meyer questioned if people could go from the back of the bleachers to the top of the shed.  Mr. Manderino stated that there was too much distance between the two for that to happen. 

Commissioner Skaggs made a motion to approve the placement of the shed in Lemon Park with the understanding that it could be removed at our request in the future.  Commissioner Skaggs added that our concern was the appearance factor.  Commissioner Hlavachick seconded the motion and the motion and second passed unanimously.

CONSIDERATION AND APPROVAL OF 2015 BUDGET REQUEST:

Library Director Rochelle Westerhaus informed the Commission that the Library Board was requesting the full 4 mill provided to them through the charter ordinance from the City and additional funding from the County Commission.  Ms. Westerhaus explained that the $161,733 from the City and $138,867 from the County would guarantee that they would be able to maintain the high level of service historically provided by them.

Ms. Westerhaus stated that there was a new line item in their 2015 budget under material for digital materials.  Ms. Westerhaus commented that there was an increase in eBooks and eAudioBooks.  Ms. Westerhaus added that, although they had used gift money in 2013 and 2014, they needed budget funds for subscription and content fees; however, they would continue to use gift money to add as much content as possible.  Ms. Westerhaus stated that books and non-print materials had taken small cuts in an effort to keep expenses down.

Ms. Westerhaus commented that their personnel and IT services had large increases for 2015 and they both impact their ability to provide access to high quality services.  Ms. Westerhaus stated that they were able to increase one employee from half time to full time, but they were still not at the same employment level that they were before the cuts in 2011.  Ms. Westerhaus added that the Library Board had set aside gift money to fund these additional personnel expenses for three years.  Ms. Westerhaus stated that, with the addition of this employee, the Library had started providing basic technology tutoring classes for the public.  Ms. Westerhaus added that the weekly sessions cover basic skill training such as how to use your eBook reader, apple products, iPhone and Facebook.  Ms. Westerhaus commented that they had had classes of six and some were only one, but they get individual attention with a smaller attendance. 

Ms. Westerhaus commented that IT services were increasing due to needing updates to the technology infrastructure, such as the server and broadband connection speed.  Ms. Westerhaus stated that there were two items that had been included in the 2015 budget that had previously been free or at minimal cost, such as their internet service becoming a fee based service and having to purchase Microsoft licenses at market rates.  Commissioner Kumberg questioned why the change in the technology infrastructure.  Ms. Westerhaus explained that their server was maxed out, so they would be needing a new one and they would be going to cloud for their service provider.

Mayor Taylor questioned if we knew what 4 mills would be.  City Manager Howard stated that we would not know that until we got the valuation from the County.  Commissioner Kumberg made a motion to approve the 2015 budget request from the Library in the amount of 4 mill.  The motion was seconded by Commissioner Meyer and carried unanimously.

CONSIDERATION AND APPROVAL TO PURCHASE A PHONE SYSTEM FOR OFF-SITE DISPATCHING LOCATION:

Assistant Police Chief Jeff Ward informed the Commission that they had been working on an off-site location for the last several years, but they did not have the capabilities they should if there were a disaster.  Asst. Chief Ward commented that the Pratt County Health Department basement housed the complete radio communications and off-site server, but they were lacking the phone system that the Police Department needed. 

Asst. Chief Ward stated that the Sheriff Department had upgraded their phone system a couple of years ago and the two phone systems do not communicate together.  Asst. Chief Ward explained that he had started visiting with Sheriff Chinn and they had a temporary agreement that we would put in our phone system and upgrade the internal system and be able to eventually tie into their system.  Asst. Chief Ward added that we could go right back to work with these things in place at the Health Department.

Asst. Chief Ward stated that DataVision could get them all the equipment they needed for $14,850.  Mayor Taylor stated that we need to do this anyway to get the phone systems compatible.  Asst. Chief Ward commented that they would be ‘dead in the water’ during a disaster without the phone system at the Health Department.  Commissioner Skaggs questioned if the LEC was more structurally sound than the Health Department.  Asst. Chief Ward stated that it was but, during a gas leak a few years ago, we had nowhere to go when we had to evacuate.  Commissioner Skaggs questioned if they were just asking for authorization to spend money.  Asst. Chief Ward stated that that was correct and it would come out of the special police fund.  Commissioner Kumberg stated that this had been discussed in the LEC Committee meeting. 

Commissioner Kumberg questioned if there would be yearly licensing fees.  Asst. Chief Ward answered that there would be and that would be included in their budget.  Commissioner Meyer asked if we had to lease the area in the Health Department.  Asst. Chief Ward stated that the Health Director and Mr. Mark McManaman agreed to let us use the space as long as we provide all dispatch operations. 

Commissioner Hlavachick questioned if this was a biddable item.  Asst. Chief Ward explained that they had not gone out for bids because DataVision was the one who worked with the Sheriff’s office and we would be upgrading to the same system.  Commissioner Hlavachick made a motion to approve the request from the Police Department for an off-site dispatch phone system from DataVision in the amount of $14,850.  Commissioner Kumberg seconded the motion and it passed unanimously. 

CONSIDERATION AND APPROVAL OF RESOLUTION 060214 TO SHOW SUPPORT AND PARTICIPATION IN THE REGION E MITIGATION PLAN’S FIVE YEAR UPDATE:

Public Works Director Rambat stated that there was a meeting about a month ago with seven other Counties who participated in a County hazard mitigation plan sometime back.  Mr. Rambat commented that State and Federal governments decided to manage and combine Counties in our region and establish a regional plan that would include eight Counties and Cities.  Mr. Rambat explained that we already have that plan, but the State had hired a company to put together information on these eight Counties and put together the regional one.

Mr. Rambat stated that the resolution tonight states that the City is interested and that we would provide any information that the company may need.  Mr. Rambat added that this would pave the way for FEMA disaster money.  Commissioner Skaggs questioned if we had any financial obligations.  City Manager Howard stated that we do not and that this was just a requirement before a disaster.  Mr. Howard commented that Mr. Rambat would be the primary person going to the meetings on this. 

The following Resolution 060214 was then presented to the Commission for their approval:  RESOLUTION OF THE CITY OF PRATT’S SUPPORT AND PARTICIPATION IN THE REGION 3 MITIGATION PLAN’S FIVE YEAR UPDATE.  Commissioner Skaggs made a motion to approve Resolution 060214 approving the five year update.  The motion was seconded by Commissioner Meyer and passed unanimously.

REVIEW OF CONCEPTUAL DRAWING OF LEMON PARK:

Mr. Blake Himmelwright stated that Lemon Park was developed in 1920 by his great-grandfather, George Lemon and that Mr. Lemon had given the park to the City in 1940.  Mr. Himmelwright commented that there were no trees along the Ninnescah River and first attempts did not survive the harsh Kansas climates, but those that did were nursed along by buckets of water being carried to them. 
 
Mr. Himmelwright explained that he had hired an architect to develop a conceptual drawing of the park and he pointed out some of the changes he would like to see implemented.  Mr. Himmelwright commented that he hoped that the Commission could find it in their hearts and in their budget to do some of the proposed improvements.  Mr. Himmelwright stated that there was a lot that could be done to make the park better, but it was a matter of money.  City Manager Howard commented that prioritizing and setting a timeline would be topics of discussion during the budget session later this summer. 

Commissioner Hlavachick questioned when the public would be able to take a look at this and input their ideas.  Mr. Himmelwright stated that we could set up a time for them to look at it.  Recreation Director Pinkall stated that they had talked about it in the Advisory Board meeting.  Mr. Howard commented that it was presented as a concept, but they had all agreed that the park could be improved.  Mr. Howard stated that, with the additional land, it does need to be updated and it would be discussed during budget time.  Mr. Himmelwright stated that he had talked to some of the members of the Advisory Board.  Mr. Himmelwright commented that the park was a wonderful community asset.  Commissioner Meyer questioned if we needed to do anything tonight.  Mr. Howard stated that they were just making the Commission aware of it and get a consensus of agreement.  Commissioner Kumberg stated that he felt it was a pretty amazing first draft.  Mr. Himmelwright stated that Derby would have something like this and urged the Commission to go with him some time to check it out. 

CONSIDERATION AND APPROVAL OF ORDINANCE 1408 AMENDING ARTICLE THREE OF THE PRATT CITY ZONING ORDINANCE BY ADDING DEFINITION OF MOBILE HOMES AND MODULAR HOMES:

City Attorney Van Blaricum stated that the Planning and Zoning Commission had been working on new zoning classifications for Sandy Creek and noticed that there were no definitions for modular and mobile homes.  Mr. Van Blaricum stated that the definitions would be incorporated in the definition section of the Code. 

The following Ordinance 1408 was then presented to the Commission for their approval:  AN ORDINANCE AMENDING ARTICLE THREE OF THE PRATT CITY ZONING ORDINANCE BY ADDING DEFINITIONS OF “MOBILE HOMES” AND “MODULAR HOMES”.  Commissioner Meyer made a motion to approve Ordinance 1408 defining modular and mobile homes.  Commissioner Hlavachick seconded the motion and it passed unanimously.

CONSIDERATION AND APPROVAL OF ORDINANCE 1409 AMENDING ARTICLE FOUR DISTRICT REGULATIONS OF THE PRATT CITY ZONING ORDINANCE:

City Attorney Van Blaricum stated that this was an ordinance that amends Article 4 of the zoning ordinance and would help with the zoning of Sandy Creek.  Mr. Van Blaricum added that Article 5 was for R-1A Single-Family Residential Dwelling District.  Commissioner Skaggs questioned if the City would be responsible for enforcing this.  Commissioner Skaggs added that there were no obligation with covenants.  Mr. Howard stated that covenants were made by people who originally owned the property.  Commissioner Skaggs asked what extent the City would use.  Mr. Howard stated that the City would enforce the zoning regulations by ordinance.  Mr. Van Blaricum commented that covenants work great sometime, but not always.  Mr. Van Blaricum stated that Section 2 of the ordinance were the new zoning classifications and is nicely harmonious.  Mr. Howard added that they had just fine tuned what was currently in there.  Mr. Howard stated that we had not sold any lots yet, but people would buy with the regulations in place. 

The following Ordinance 1409 was then presented to the Commission for their approval:  AN ORDINANCE AMENDING ARTICLE FOUR DISTRICT REGULATIONS OF THE PRATT CITY ZONING ORDINANCE BY ADDING NEW SECTION 5, SINGLE FAMILY RESIDENTIAL DWELLING DISTRICT R-1A.; AND RENUMBERING PREVIOUS SECTIONS 5 THROUGH 17.  Commissioner Meyer made a motion to approve Ordinance 1409 amending Article 4 District regulations of the Pratt City Zoning Ordinance by adding new Section 5, single family residential dwelling district R-1A and renumbering previous Sections 5 through 17.  The motion was seconded by Commissioner Kumberg and carried unanimously.

CONSIDERATION AND APPROVAL OF ADMINISTRATIVE PROCEDURES FOR IMPLEMENTING RES. 020209 FOR FLOODPLAIN MANAGEMENT:

Building Inspector Blankenship explained to the Commission that Ms. Lola Shumway was the Floodplain Administrator and this was another FEMA requirement.  Mr. Blankenship stated that there would be a Community Assessment Visit on June 11th at 9:00 a.m.  Mr. Blankenship commented that the City gets points for all that is set in place and in working order and that could mean lower insurance costs.  Commissioner Kumberg made a motion to approve the Administrative Procedures for Implementing Resolution 020209 for Floodplain Management.  The motion was seconded by Commissioner Skaggs and carried unanimously.

OPEN AGENDA:

·         Luca Matei:

Before Mr. Luca Matei could begin, Mayor Taylor reminded him that he was not going to talk if this was not something that the Commission could take action on or if it did not pertain to City matters.  Mayor Taylor commented that he was sympathetic to Mr. Matei’s situation, but it was a legal judicial matter and not something the Commission could do anything about.  Mr. Matei stated that he had made a motion to the City Clerk to have an issue on the agenda.  Mayor Taylor interrupted Mr. Matei and told him that he was on an earlier agenda and he did not show up.  Mr. Matei questioned what the procedures were of reporting and that none of this was done properly.  Mr. Matei continued stating that in 2008 it was the same situation and it was fabricated.  Mayor Taylor stated that this was not a City issue.  Mr. Matei stated that Mr. Van Blaricum was part of the City.  Mayor Taylor stated that this was a legal matter and we were done here.

Mr. Matei changed the subject and said that the City needed to take action on an agenda to remove cotton wood trees and that people complain.

·         Parking spaces in front of Barron:

Mr. W. E. Stewart addressed the Commission concerning the parking spots by the theatre being no parking.  Commissioner Skaggs commented that that was painted that way when the theatre was in operation.  Mr. Howard stated that some of the parking downtown was done by Commission action, so we might have to undo it from long ago.  Mr. Van Blaricum stated that he would look through that.  Commissioner Skaggs stated that it was a waste of two parking spaces.  Commissioner Skaggs questioned if the police would turn away and not issue tickets if they were used.  Chief Myers stated that they would use discretion.  Mr. Howard commented that he would visit with Mr. Rambat in the morning about temporary lines.  Mayor Taylor stated that, if you wanted to park there, go ahead.

·         Pick-up on Watson & Fifth:

Mr. Stewart mentioned that there had been a Ford pick-up parked on Watson Street in front of Hillside Terrace for about a year.  Mr. Stewart stated that there was a tag in the back window, but it makes that a narrower street and ties up traffic.  Chief Myers questioned if moves or not.  Mr. Stewart stated that it did not.  Chief Myers commented that he would have it checked out.

·         Hoarding Ordinance:

Mr. David Kerr asked the Commission to consider an ordinance against hoarding and against indoor furniture and appliances outside.  Mr. Kerr stated that he had neighbors that had a collection of things inside a house and they have had skunks around there during the day as well as armadillos.  Mr. Kerr added that there were three houses basically being used as storage units and he was getting to enjoy more mice and roaches.  Commissioner Meyer suggested looking at other municipalities to see what might be out there.  Chief Myers stated that the City of Lawrence prohibits couches and appliances on a front porch.  Building Inspector Blankenship stated that we do to but, if they were being used as chairs, we do not have an ordinance that prohibits that.  Mr. Van Blaricum stated that he would look to see what other Cities do about this situation.

REPORTS:

City Manager:

·         Bouncy castle:

City Manager Howard stated that he had been approached by the Young Professionals Group about having a bouncy castle at the Movie in the Park.  Mr. Howard commented that he had no problem with that.  Mayor Taylor stated that it would be alright, because they could not use the inflatable screen if the winds were more than 15 mph.

·         Congressman Pompeo:

Mr. Howard informed the Commission that Congressman Pompeo would be at the Municipal Building at 4:00 p.m. on Thursday.

·         Successful Tournament:

Mr. Howard stated that there was a lot of work that goes into a successful tournament.  Mr. Howard explained that Recreation Director Pinkall manages the people that put on the tournament and tries to get them to come back again, manages hotel rooms and parking.  Mr. Howard added that the parking for the State tournament could have been a big issue, but it was thought about early and there were no problems.  Mr. Pinkall stated that there were a lot of departments that help make a tournament successful such as Mr. Rambat making banners, sanitation taking care of the trash and the street department mowing the additional parking area.

Inspections:

·         Construction finishing up:

Building Inspector Blankenship stated that the museum was finalized and open.  Mr. Blankenship added that the Best Western Plus should be finalized this Friday and they were waiting on the Best Western people to okay it.  Mr. Blankenship commented that they have to okay the colors and furniture placement.  Mayor Taylor stated that the lady was to be driving out this morning and they could be open tomorrow.

·         Weed letters:

Mr. Blankenship stated that they had just sent out thirty-nine weed letters and twenty two weeks ago.  Mr. Blankenship reminded the Commission that the property owners had ten days to get the property cleaned up.  Mr. Blankenship explained that the letters go out every other Monday and he gives them over the weekend and a lot get done.  Mr. Blankenship commented that there were habitual owners that we mow every year, so he would like to look at foregoing the ten day waiting period and just go mow them as soon as a letter goes out.

Electric Department:

·         New power at PRMC:

Director of Electric Utilities Hemphill stated that line distribution had been working on completing the new power for Pratt Regional Medical Center and the rest of the project would be waiting to switch gears.

·         Maintenance:

Mr. Hemphill commented that the power plant crew had been working on the overhaul and maintenance issues.

Recreation Department:

·         Future Tournament:


Recreation Director Pinkall stated that he had a meeting with KSHAA and had shot them a long term proposal for future tournaments.  Mr. Pinkall commented that he had heard that the need for more motel rooms was a concern and they would have liked to see a bigger variety of restaurants.

·         Youth:

Mr. Pinkall stated that it was the start of the youth baseball season and there were forty-two teams.  Mr. Pinkall commented that they would play Monday through Thursday starting tonight.  Mr. Pinkall added that there were also eighty-four kids at Lemon Park to start the summer youth program. 

·         Tournament money:

Commissioner Skaggs questioned if we had made any money hosting the State tournament.  Mr. Pinkall stated that they should know more tomorrow.  Mr. Pinkall explained that we would get 25% of the gate, 50% of the program and shirt sales and all of the concessions.  Mr. Pinkall commented that they sold every t-shirt that they had and ended up ordering some.  Mr. Pinkall added that he thought we would end up on the plus side.

Power Plant:

·         Lightning strike:

Power Plant Superintendent Smith informed the Commission that a lightning strike during the storm the other day had knocked out their phone.  Mr. Smith added that, if it did not hit the plant, it was very close.

Police Department:

·         Posted Speed Limits:

Police Chief Myers commented that Asst. Chief Ward had advised him that there had been some questions concerning speed limits on Main Street.  Chief Myers stated that those were State designated roads and speed limits were set by KDOT.  Chief Myers explained that they do studies of roadways and the engineers make recommendations to the Transportation Secretary.  Commissioner Skaggs stated that he had an eighty year old lady that wanted to know why some were at 20 mph and some at 30 mph and he still did not have a good answer for her.  Mr. Howard stated that he had visited with Mr. Terry Coder and he told him that, if there was a traffic light, they did not want someone to have to slam on their brakes so 20 mph makes that doable.  Chief Myers added that the Commission had approved the 2013 Standard Traffic Ordinance and Section 33 had been amended by Ordinance 1302 and that amends speed limits that were in there.  Chief Myers added that the Commission had regulated speed limits in STO’s for several years.

·         Grant application:

Chief Myers informed the Commission that the Police Department had applied for a $3,000 grant and participated in the click-it or ticket campaign.  Chief Myers commented that they had written one hundred safety, five child restraint, six speeding tickets and had misdemeanor arrests.  Chief Myers added that they continued their regular calls, which added up to two hundred fifty-one and that resulted in seventy-three reports resulting in arrests, search warrants and other cases.  Chief Myers stated that they also continued regular traffic stops and the campaign had been effective.

·         Radar signs:

Chief Myers stated that he had finally received the titles for the radar trailers and had gotten insurance on them, so he would be installing those in the morning.

City Clerk:

·         Joint Meeting:

City Clerk Kramer stated that the County wanted to have a joint meeting in July and asked if the Commission knew what would work best for them.  After little discussion, the Commission wanted the City Clerk to check and see if July 7th at 11:00 a.m. would work for the County.  Ms. Kramer commented that she would check with County Clerk Kruse and get back to them.

Mayor and Commission:

·         S. High house:

Commissioner Meyer questioned where we were on the South High Street house.  Building Inspector Blankenship stated that he could not get anyone to answer his calls and the father had been in and out of jail, so it probably would have to take its course.

·         Landscape Ordinance:

Commissioner Meyer asked where we were on the landscape ordinance.  Mr. Blankenship stated that they had spent so much time on Sandy Creek, that they had pushed it back.
 
·         Dog Park:

Commissioner Meyer stated that he had been approached by a couple of people asking about a dog park.  Recreation Director Pinkall stated that it had been talked about numerous times, but they did not have a plan on where to put it.  Mr. Howard commented that he had visited a few and they would not be that hard to do.  Mr. Howard added that we could talk more about it during budget.

·         4th & Main lot:

Commissioner Meyer questioned where they were on the lot at Fourth Street and Main Street.  Mr. Howard stated that the lot had been deeded to the City with the stipulation that it be used for a park, but the Parish Hotel project needed a third of it for parking.  Mr. Howard commented that he had visited with Mr. Porter Loomis and he was willing to adjust the deed, which would modify our plans.

·         Building by Woody’s:

Commissioner Skaggs commented that he did not see much going on with the building by Woody’s.  Mr. Blankenship stated that it was secure, but he would contact them again.

ADJOURN:

A motion by Commissioner Hlavachick was seconded by Commissioner Kumberg.  The motion and second passed unanimously.
______________________________
JEFF A. TAYLOR, Mayor
             
ATTEST:
_______________________________
LUANN KRAMER, City Clerk

 

 

 

 

 

Thursday, June 12, 2014

06/16/14 - City Commission Meeting Agenda

MONDAY
JUNE 16, 2014
PRATT CITY COMMISSION – REGULAR COMMISSION MEETING
COMMISSION ROOM – 5:00 P.M.

1.      CALL TO ORDER (Remind audience that meeting is being recorded and/or taped.

2.      ROLL CALL

3.      INVOCATION & PLEDGE OF ALLEGIANCE

4.      MINUTES – June 02, 2014  Regular City Commission Meeting

5.      BUSINESS:
 
5.1          Presentation of the 2013 City of Pratt Audit – Vicki Dreiling, Adams Brown Beran &  Ball Chtd.
5.2          Discussion on New Gun Laws – Ken Van Blaricum, City Attorney

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, June 2, 2014

05/19/14-Approved City Commission Meeting Minutes

MONDAY
MAY 19, 2014
 
The Governing Body of the City of Pratt met in Regular session in the Commission Room located in City Hall.
 
PRESENT:

Jeff Taylor  Mayor
Bill Hlavachick  Commissioner
Gary Skaggs  Commissioner
Lucus Kumberg  Commissioner
Doug Meyer  Commissioner
 
ALSO PRESENT:

Dave Howard  City Manager
LuAnn Kramer  City Clerk
Ken Van Blaricum City Attorney
Diana Garten  Finance Director
Jeff Ward  Police Detective
Russell Rambat  Public Works Director  
Brad Blankenship Building Inspector
Bruce Pinkall  Recreation Director
 
CALL TO ORDER:
 
The regular meeting was called to order by Mayor Taylor.  The Mayor instructed the Clerk to note that all Commissioners were present.
 
INVOCATION AND PLEDGE OF ALLEGIANCE:
 
Mayor Taylor led the staff and audience in the invocation and Pledge of Allegiance.
 
MINUTES:

Commissioner Kumberg made a motion to approve the minutes of the May 05, 2014 regular Commission meeting.  The motion was seconded by Commissioner Skaggs and carried unanimously.
 
BUSINESS:
 
CONSIDERATION AND APPROVAL OF ENGINEERING CONTRACT FOR THE 2015 KLINK PROJECT ON HIGHWAY 54 BETWEEN JACKSON STREET AND MOUND STREET:
 
Public Works Director Russell Rambat explained that this engineering contract was for the design and engineering for the 2015 KLINK project that had been approved at the last meeting.  EBH Engineer Alan Luttrell stated that this contract was pretty straight forward.  Mr. Luttrell added that the City was responsible for the design and construction services would be split 80/20 with KDOT.  Commissioner Skaggs questioned if the City would be having to reroute the water main.  Mr. Rambat stated that Water Superintendent Kelvin Clay had eliminated a lot of that in that area, but any new ones could be bored in.  Commissioner Hlavachick made a motion to approve the engineering contract with EBH Engineering for the 2015 KLINK project not to exceed $59,100.  The motion was seconded by Commissioner Meyer and carried unanimously.
 
CONSIDERATION AND APPROVAL OF RESOLUTION 051914 PROVIDING FOR A HEARING ON THE UNSAFE OR DANGEROUS STRUCTURE AT 618 SOUTH HIGH:
 
City Attorney Van Blaricum stated that 618 South High Street was the house that burnt a few months ago and we thought that they were going to be able to clean it up and rebuild, but that was not happening.  Mr. Van Blaricum commented that this resolution to set a hearing date would either get the property cleaned up by the City or encourage the owner.  Building Inspector Blankenship explained that, due to the sensitivity of this situation, we had worked with Mr. Ibarra and he had thought that he had someone to help him take it down.  Mr. Blankenship stated that Mr. Ibarra had the asbestos taken out by someone who knew him, but we need to come to a conclusion to this. 
City Manager Howard questioned if we had to go as far out as July 7th.  Mr. Van Blaricum stated that we did not and that the City could take action anytime to make it safe.  Mr. Howard commented that taking it down was the only way to make it safe.  Mayor Taylor questioned moving the date up.  Mr. Van Blaricum stated that we could not move the hearing date up due to publishing requirements and dates of our meetings.  Mr. Van Blaricum added that we could change the amount of time we give to get it cleaned up.  Commissioner Meyer asked if we would be liable if there was an accident there.  Mr. Van Blaricum commented that we were doing our duty to do the best that we could to get it taken care of. 
 
Mr. Van Blaricum suggested that the Commission approve this resolution to get things started and he would look into whether we could take quicker action.  Mayor Taylor commented that, if it was about $5,000 to take down a house, that was within the City Manager’s speeding authority and he would not need the Commission’s approval. 
 
The following Resolution was then presented to the Commission for their approval:  RESOLUTION PROVIDING FOR HEARING ON UNSAFE OR DANGEROUS STRUCTURE PURSUANT TO K.S.A. 12-1750, et seq. AND PRATT MUNICIPAL CODE SECTION 8.08.010 et seq.  Commissioner Skaggs made a motion to approve Resolution 051914 to set a hearing date of July 7th for 618 South High Street.  The motion was seconded by Commissioner Kumberg and carried unanimously.  Mayor Taylor commented that he would like to give the City staff permission to do what needs done with this property to ensure that it is safe and possibly not wait as long to take it done.  Mr. Van Blaricum stated that he would go ahead and do what needs done now.  Commissioner Skaggs questioned if it could come down sooner if we had written consent from the owner.  Mr. Van Blaricum commented that we could.  The Commission were all in agreement to let City staff do what they could to get this structure down as soon as possible. 
 
CONSIDERATION AND APPROVAL OF APPOINTMENT TO THE PLANNING COMMISSION:
 
Building Inspector Blankenship stated that Mr. Frank Laubhan was the only one that responded to the advertisement for a position on the Planning Commission and the Commission recommended his appointment to a three year term.  Mr. Blankenship added that new City Commissioner Meyer had held that seat on the board and it would have expired this month anyway.  Commissioner Meyer made a motion to approve the appointment of Mr. Frank Laubhan to a three year term on the Planning Commission that expires May 20, 2017.  The motion was seconded by Commissioner Hlavachick and carried unanimously.
 
OPEN AGENDA:
 
 Cross Walks:
 
Ms. Karen Detwiler thanked Public Works Director Rambat for making the cross walk on Sixth Street.  Ms. Detwiler added that she did see people braking for walkers.
Ms. Detwiler stated that the cross walk on Santa Fe Road was fading and was not very safe.  Ms. Detwiler commented that she would appreciate it if the City would consider addressing that.  Mr. Howard stated that that was something that got painted annually.
 
• Pratt Community Concert Association:
 
Ms. Jan Luttrell, President of Pratt Community Concert Association, commented that they had just celebrated their 75th year and were looking forward to starting the 76th.  Ms. Luttrell stated that a new subscription would get you a free ticket to see Mr. John Davidson next week.  Ms. Luttrell added that the Nutcracker Ballet would be in Dodge City on December 5th.  Ms. Luttrell stated that she would appreciate the Commissioners getting the word out since they come in contact with new residents.  Mayor Taylor stated that this was a great thing to have in our community and they brought in good quality entertainment. 
 
• Luca’s comments:
 
Mr. Luca Matei addressed the Commission again on false acquisitions against him by the police department and City Attorney.  Mr. Matei stated that the City Attorney knew what happened and he threatened him with jail.  Mr. Matei commented that we live in a society that we were afraid to say the truth.  Mr. Matei explained that he had come to the City Clerk with a request to be on an agenda.  City Clerk Kramer stated that he was on the agenda at the last meeting and he had been emailed that information. 
 
Commissioner Kumberg stated that he did not know what Mr. Matei expected from the City Manager and City Attorney since this was already in the legal system.  Commissioner Kumberg commented that we could not help with this since it was judicial action.  Mr. Matei stated that he expected them to investigate the case.  Mr. Matei commented that the trial officer had stated that he had not called the police and he had but was told to get out.  Mr. Matei added that they were supposed to make a report so things were addressed and Officer Ferbert had said that they did not make a report.  Mr. Matei stated that all the police lied in court and Mickey Mouse said he would put him in jail.  Mr. Matei added that there were hundreds of people on death row because they had shady prosecution.
Mr. Matei stated that he had not come to the meeting to defend that he did something wrong, because he knew what happened.  Mr. Matei stated that police lie under oath and we had a pretty painful situation when our representatives, who were to defend the law and people, just do what they like.  Commissioner Kumberg stated that he appreciates his situation, but this was a matter for Municipal Court and not the City Commission.  Commissioner Kumberg added that we were always willing to help when we could, but we could not help with this. 
 
City Attorney Van Blaricum stated that this stemed from an incident several months ago involving Mr. Matei and allegedly committing battery.  Mr. Van Blaricum commented that Mr. Matei wanted a trial and he would have felt better if Mr. Matei would have had an attorney.  Mr. Van Blaricum explained that Mr. Matei could not have an attorney appointed to him unless he (Mr. Van Blaricum) had wanted jail time.  Mr. Van Blaricum added that Mr. Matei refused the Judge’s attempt to appoint an attorney.  Mr. Van Blaricum stated that Mr. Matei was found guilty and he felt that there were a lot of lies from the officers that testified, but that was why we have a Judge.  Mr. Van Blaricum commented that the Judge found Mr. Matei guilty and Mr. Matei appealed to the District Court and a jury trial was scheduled.  Mr. Van Blaricum stated that there would be six jurors that would decide if Mr. Matei was guilty of battery and that was how the system works.  Mr. Van Blaricum clarified that the City Commission did not need to investigate the situation.  Mr. Matei stated that he had police recording time and his recording time and it was fabricated.  Mayor Taylor stated that Mr. Matei’s time was up and this matter would be settled in court.
 
REPORTS:
 
City Manager:
 
• Request for executive session:
 
City Manager Howard requested an executive session at the end of the meeting to last ten minutes for land acquisition.  Mr. Howard added that there would be no action taken.
 
• Study at 54 and 281 highways:
 
Mr. Howard stated that Coder Engineering would be doing a study on the right hand turns at the intersection of Highway 54 and Highway 281.  Mr. Howard commented that this would give them a new numbers count to reevaluate that area and see if there was anything else they could do.
 
• Meeting at PRMC:
 
Mr. Howard informed the Commission that there would be a security meeting at PRMC at noon tomorrow.
 
• Pool Hours:
 
Mr. Howard stated that Pool Manager Dee Hill had talked with the people who had issues with the new pool hours and had come up with what was in the packet, so it was cleared up.
 
Public Works:
 
• Striping highway:
 
Public Works Director Rambat stated that the street department had finished up the striping on the highway.
 
• Pool ready:
 
Mr. Rambat informed the Commission that the pool was ready for Monday’s opening.  Mr. Rambat stated that they had had Mr. Addam Deda paint the interior part of the slide and that should make it much more enjoyable.  Mr. Rambat added that they had stripped the paint off of the pool in Zerger Park and it would be getting painted.
 
Recreation Department:
 
• Main Street project:
 
Recreation Director Pinkall stated that there had been a visitor with KDOT come down and look at the design for our Main Street project.  Mr. Pinkall commented that we were well prepared, but there were a few things that need to be addressed, so they would have a merchants meeting in early June.  Mr. Pinkall added that we were going to keep on schedule with bids going out in mid-October and the project beginning in early 2015. 
 
• Sandy Creek signs:
 
Mr. Pinkall stated that the signs should be up at Sandy Creek soon and there were a couple more commercials to promote the lots.
 
Power Plant:
 
• Steam Turbine:
 
Power Plant Superintendent Smith stated that they had had a successful run a week ago Monday with the steam turbine.  Mr. Smith informed the Commission that they were ready for the summer.
 
Police Department:
 
• Traffic Trailers:
 
Detective Jeff Ward informed the Commission that Chief Meyers had taken delivery of two traffic trailers and they were waiting for the titles so we could get insurance before they were used.
 
• Speed limits:
 
Commissioner Skaggs stated that he had been approached about the speed limit on Main Street being different than First Street.  Mr. Howard stated that Highway 54 and Highway 281 were set by the State and the rest was probably due to zoning.  Commissioner Skaggs commented that there was a lot of residential west of First Street and south of Sixth Street.  Mr. Howard stated that the speed limit was 30 mph unless posted otherwise.  Commissioner Skaggs explained that it was posted 20 mph north and south.  Mr. Howard stated that this was downtown and there were traffic lights.  Mr. Rambat commented that it was 20 mph up to the tracks.  Mr. Howard also commented that there were set backs on Highway 54.
 
Mayor and Commission:
 
• KMU Conference:
 
Commissioner Hlavachick stated that he had attended the KMU Conference with several other City staff and it was one of the better attended ones.  Commissioner Hlavachick commented that he had attended a breakout session on pole attachments and he had never heard of that.  Commissioner Hlavachick questioned what we charged for that.  Mr. Howard stated that we have franchise agreements with other utilities, but he would get with Director of Electric Utilities Hemphill about it.  Commissioner Kumberg questioned what a pole attachment was.  Mr. Howard explained that other utilities have the right to utilize a City power pole to put their cables on and we could charge them for their use of our property.
 
• Rough alley:
 
Commissioner Hlavachick stated that he had visited with Mr. Wayne Konkel and the alley behind the Hot and Cold water towers was getting pretty rough.  Mr. Rambat stated that he would take a look at it.
 
• Spring Clean-Up Response:
 
Commissioner Skaggs questioned if there had been any response concerning the special pick-up charge that had been put on the bills.  Ms. Kramer stated that she did not think there had been any more than usual.
 
Executive Session:
 
Mayor Taylor made a motion to go into executive session for ten minutes to discuss land acquisition.  The motion was seconded by Commissioner Hlavachick and carried unanimously.
Mayor Taylor made a motion to return from executive session with nothing to report.  The motion was properly seconded and passed unanimously.
 
ADJOURN:
 
Upon proper motion, the meeting was adjourned.

_______________________________________
JEFF A. TAYLOR, Mayor
 
ATTEST:
__________________________________
LUANN KRAMER , City Clerk