Monday, November 16, 2015

11/02/15-Approved City Commission Meeting Minutes

MONDAY

NOVEMBER 02, 2015 

The Governing Body of the City of Pratt met in Regular session in the Commission Room located in City Hall.
 
PRESENT:    
              
Lucus Kumberg            Mayor
Bill Hlavachick             Commissioner
Jeff Taylor                    Commissioner
Gary Skaggs                 Commissioner
Doug Meyer                 Commissioner       

ALSO PRESENT:  
      
Dave Howard                City Manager
LuAnn Kramer             City Clerk
Ken Van Blaricum        City Attorney  
Dana Garten                 Finance Director
Gary Myers                   Chief of Police
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 Kumberg.  The Mayor instructed the Clerk to note that all Commissioners were present with the exception of Commissioner Skaggs. 

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

INVOCATION AND PLEDGE OF ALLEGIANCE: 

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

MINUTES: 

Commissioner Meyer made a motion to approve the minutes of the October 19, 2015 regular Commission meeting.  The motion was seconded by Commissioner Hlavachick and carried unanimously.   

BUSINESS:

UPDATE ON LEMON PARK PROJECT:

Mr. Blake Himmelwright informed the Commission that there had been several committee meetings over the Lemon Park project and he felt that they had established a first phase of the project.  Mr. Himmelwright stated that the first phase included a new entrance to the park and a parking lot in the llama area.  Mr. Himmelwright added that there would be a trial run to see what type of space would be needed for parking.  Mr. Himmelwright pointed out that the old entrance to the park would be landscaping and he also pointed out where a dog park would be located.  Mr. Himmelwright stated that Santa Fe Road would still be there and, with defining islands, he estimated a cost of around $130,000 without the dog park.  Mr. Himmelwright commented that there would also be a bathroom, so $200,000 would be a high estimate.  Commissioner Hlavachick reminded the Commission that the City would be doing a lot of the ground work.  City Manager Howard stated that the first phase would not include the new road.
 
Commissioner Skaggs commented that the dog park had been a pet project of Commissioner Hlavachick’s, but questioned if we really needed three runs in the dog park.  Commissioner Hlavachick commented that this was the architect’s design and concept; however he felt that we could get along with one or two.  Mr. Howard commented that he had been to two dog parks and they had one run for larger dogs and one for the smaller ones.  Mr. Howard added that one had had a sidewalk around it.  Commissioner Skaggs questioned if the bathroom would involve the lift station.  Mr. Howard stated that we would do that when there was another bathroom deeper into the interior.  Mr. Howard added that they would have to work with FEMA concerning the flood plain.  

Commissioner Skaggs questioned what they were proposing for the Christmas event.  Mr. Howard stated that they would be barricading part of the grassy area for the band and Santa.  Mr. Howard added that that event was the weekend before Thanksgiving and the Chamber would be having someone organize the parking.  Mr. Himmelwright stated that he told the architect not to get too specific yet.  Mr. Himmelwright added that the dog park was terribly important and a new entrance with a sign would look great, but we need appropriation of funds for that.  Mayor Kumberg questioned if a public viewing for this project was still on the table.  Commissioner Hlavachick stated that it was.  Mayor Kumberg suggested that now would be a good time to do that.  Commissioner Skaggs commented that we should wait to see how the parking situation develops before we commit any money.

Mr. Himmelwright stated that he was tired of waiting and the Commission had appointed the committee and this was what we saw as a priority.  Mr. Himmelwright commented that it was not a problem to have another public meeting, but it would be appropriate to spend some money.  Commissioner Meyer questioned how much Mr. Himmelwright was talking about.  Mr. Himmelwright stated that it would be around $200,000 plus.  Commissioner Meyer asked if this would include concrete for the parking lot.  Mr. Himmelwright commented that it was and a bathroom, which was expensive.  Mr. Himmelwright stated that he could defray some of the costs with a capital campaign to raise funds.  Commissioner Taylor stated that he would like to see estimates for these costs so that there were no surprises.  Mr. Howard explained that they had worked with some contractors, but they did not want a cost out there so we could still do competitive bidding.  Commissioner Hlavachick stated that this was a combination of several meetings and the project had been downsized.  Commissioner Skaggs questioned if there were two portions.  Commissioner Hlavachick stated that there was.  Commissioner Skaggs commented that he would like to see more definitive architecture if we were talking a bathroom and a parking lot.  Mr. Himmelwright questioned how specific the preparation plan had to be.  Mr. Himmelwright commented that we could go out for bid, but that was getting the cart before the horse.  Commissioner Skaggs stated that that was not what he was worried about, because we were in favor of what had been talked about.  Commissioner Hlavachick commented that the water line was already there.  Commissioner Meyer stated that those things could be worked out. 

Commissioner Meyer questioned where the money was coming from.  Finance Director Garten stated that there had been some money set aside in Travel and Tourism, but not that much and we would have to work out all the details.  Ms. Garten added that we would need about $100,000 for this and revenues were down.  Commissioner Meyer asked if the special park and improvement funds were touchable.  Ms. Garten stated that they were.  Commissioner Taylor suggested putting something together and discuss it with the City Manager and go from there.  Commissioner Taylor commented that we would see if we need a fund raising event.  Mr. Himmelwright stated that he would not campaign for a fund raiser if something had not been committed to by the City.  Commissioner Taylor questioned if Mr. Himmelwright had people who would commit $10,000, $20,000 or $30,000 if we fall short.  Commissioner Taylor stated that this was a project that the Commission had funds dedicated to, but we needed to see how much of the funds had already been committed.  Mr. Himmelwright stated that he could round up funds contingent of appropriation of funds by the City.  Commissioner Skaggs questioned if he could match $100,000 if the City committed to that amount.  Ms. Garten explained that some of that money had been committed to other projects and to assist with recreation and the Sports Complex.  Ms. Garten commented that that fund was not as plentiful and she was not sure when it would be replenished.  
 
City Attorney Van Blaricum stated that we should talk about more specific numbers.  Mr. Howard stated that we could get more specific numbers, but we did not want to hurt any of the local contractors.  Mr. Howard suggested scheduling another public meeting and let the public know where we were at.  Mayor Kumberg stated that the main purpose of the public meeting was to draw attention to the project and another meeting would give us enough time to see where and what type of funding we could commit to.  Mr. Howard stated that the utilities were there and some of that we would do.  Mr. Himmelwright questioned if nothing was going to happen if he did not raise funds.  Commissioner Taylor stated that we could go further if he raised funds.  Commissioner Taylor explained that, if we spend $150,000 and no other funds were available, we were going to be finished until more comes available.  Commissioner Taylor added that it was not a stop to the project, but whether we could go further.  
 
Mr. Howard stated that there would be a playground towards the entrance and we could kick the dog park further south.  Recreation Director Pinkall commented that playground equipment could cost as little as $50,000 or you could spend what you want and they do them for different age groups.  Commissioner Skaggs stated that we could get funding started and the money would come, just as it had with the walking path.  Mr. Himmelwright stated that parking lots and bathrooms were not good selling points.  Commissioner Skaggs stated that the City would pay for the parking lot.  Mr. Himmelwright stated that he could start a campaign to top that off.  Commissioner Meyer stated that we did not want to violate the integrity of the park; however, the recommendation would be to see where we could get $200,000 and go from there.  Commissioner Meyer added that the City did not know how many dollars we could commit. 

Mr. Himmelwright stated that we had the estimates for the parking lot and we could take out the entrance parking lot.  Mr. Himmelwright added that that would be an easy start and we could see if there was any money left over for the bathroom.  Mr. Himmelwright commented that the dog park could be done by donated funds, as well as the entrance.  Mr. Himmelwright stated that that was a worthwhile project and should be fairly non-controversial.  Mr. Himmelwright added that that should cost around $70,000 to $80,000.  Mr. Howard suggested that we may be able to dedicate $100,000 if we were to dedicate any money for a parking lot and new entry way.  Commissioner Taylor commented that we need to see what funds are available.  Commissioner Meyer questioned if there were any grants from Wildlife and Parks.  Mr. Howard stated that we would have to get started on that relatively soon, but we would probably get it if there was money there.  Mr. Howard added that timing could be the restraint.  

Mayor Kumberg stated that the committee had done enough to phase that project out.  Commissioner Skaggs commented that people would be more willing to donate if the City were to put in the parking lot.  Mr. Howard stated that he had already visited with one lady that was interested in helping with the dog park.  Mr. Howard commented that, if estimates came back at $150,000 for the parking lot, curb and guttering and the sign, we were well within the estimates we had. 

DISCUSSION ON TRAFFIC AT ‘OLD FASHIONED CHRISTMAS’ EVENT IN LEMON PARK:

Public Works Director Rambat showed a map to the Commissioners concerning traffic and parking during the Old Fashioned Christmas event.  Mr. Rambat stated that they were looking at designating South Main Street and Santa Fe Road as the official entrance to the event.  Mr. Rambat added that Santa Fe Road would be made a one way road so that there was easy access to the llama pen for parking.  Mr. Rambat explained that, if the area was not wet, we could get 80% of the parking in there and there could be some parking on the north side of Santa Fe if it was needed.  Mr. Rambat commented that there would be a group of people to help with the parking.  Mr. Rambat informed the Commission that there would be an area barricaded off for the band and vendors.  Mr. Rambat added that people could also park in Sixth Street Park if they did not mind walking.  Mr. Howard stated that we would be marking the streets accordingly.

Mr. Howard stated that there would be some emergency services at the event, so they would have to be able to get in and out.  Mr. Himmelwright questioned where the vendors would park.  Mr. Rambat stated that there would be a staging area in the old Konkel property.  Mr. Howard stated that two way traffic on Pine Street and Shaffer Drive were the biggest problem.  Commissioner Meyer questioned using the parking lot between the diamonds.  Mr. Howard explained that they did not want any traffic going through the park.  Commissioner Skaggs asked what plan B was if it were wet.  Mr. Howard stated that we would go to the Municipal Building for an indoor event.
 
CONSIDERATION AND APPROVAL OF ORDINANCE 1501 AMENDING SECTION 31 OF THE STO FOR KANSAS CITIES, ‘FLEEING OR ATTEMPTING TO ELUDE A POLICE OFFICER’:

City Attorney Van Blaricum stated that, every couple of years, the City adopts by Ordinance the Standard Traffic Ordinance for Kansas Cities that is put out by the League.  Mr. Van Blaricum stated that the ordinance modifies the standard codes in the book so that it better fits our needs.  Mr. Van Blaricum stated that one section addresses fleeing or attempting to elude a police officer.  Mr. Van Blaricum explained the difference in a misdemeanor violation and when it becomes a crime.  Mr. Van Blaricum stated that the problem with the ordinance was that it was for motor vehicles and not anyone on a bicycle.  Mr. Van Blaricum stated that we needed to fix that for the City of Pratt so that officers could stop a bicycle for fleeing or eluding.

Mr. Van Blaricum explained that he had modified the existing ordinance so that it includes any driver of a vehicle or bicycle or any other means of transportation.  Commissioner Taylor questioned if that included anyone on foot.  Mr. Van Blaricum stated that it did not, but that was covered under another ordinance.  Mr. Van Blaricum clarified that this ordinance covers people that try to get away.

The following Ordinance 1501 was then presented to the Commission for their approval:  AN ORDINANCE AMENDING SECTION 31 OF THE STANDARD TRAFFIC ORDINANCE FOR KANSAS CITIES, “FLEEING OR ATTEMPTING TO ELUDE A POLICE OFFICER”.  Commissioner Hlavachick made a motion to approve Ordinance 1501 amending Section 310 of the STO for Kansas Cities, ‘Fleeing or Attempting to Elude a Police Officer’.  Commissioner Skaggs seconded the motion and it passed unanimously.

OPEN AGENDA:

·        Jeff McCaskey: 

Mr. Jeff McCaskey stated that he was curious about the response to his material.  Mayor Kumberg stated that he had had a family issue and would have something in the mail by Friday.  Mr. McCaskey commented that he felt that a capital campaign was a good idea for the Lemon Park project and that a public meeting was appropriate.  Mr. McCaskey questioned why the City does not go out for bids and keep them sealed until they get a more targeted amount.  Mr. Howard stated that we open bids at a specific time and we know what we are doing concerning our bid policy.  Mayor Kumberg stated that these procedures were described in great detail by State statute.  Mr. McCaskey suggested taking the median areas out and that would save money and take less upkeep.  Mayor Kumberg commented that the difference in putting medians in or taking them out was very small and did not matter either way.  Mr. Howard stated that it was better to pave since you could not plow in the winter.

Commissioner Meyer questioned if we had ever approved a new landscape ordinance and whether it would apply to us.  Mr. Van Blaricum stated that we had not approved a new ordinance, but he did not think this would apply to us.  Mr. Howard stated that there were trees in the drawing, so it would meet the requirements.   

REPORTS: 

City Manager: 

·        Fincham Street project: 

City Manager Howard stated that he had met with Smoky Hill and KDOT concerning North Fincham Street and they should get started on that project next Monday.  Mr. Howard explained that they would not start on South Fincham Street for about thirty days, but they did have a temporary parking plan to access Wal-Mart. 

·        Railroad construction: 

Mr. Howard stated that he had also met with the railroad and they would be working on the crossings on Mound Street, New Street and Starr Street in the near future.  Mr. Howard added that they were giving us notice so that we could let the residents know. 

City Attorney: 

·        Mr. Matei’s petition:

City Attorney Van Blaricum stated that Mr. Luca Matei had presented another petition and he wanted the Commission to know that he takes Mr. Matei’s complaints seriously.  Mr. Van Blaricum explained that this situation had involved some hitting and the same sort of thing that had been going on for some time.  Mayor Kumberg commented that it was a coincidence that Commissioner Meyer was on the ride along for that event and the petition was not exactly accurate.  Mr. Van Blaricum commented that Mr. Matei has it in his mind how it happened.  Mr. Van Blaricum stated that the City did not need to take any action on the petition. 

·        Land Banks: 

Mr. Van Blaricum stated that there had been discussions about Land Banks at the City Attorney’s meeting a few weeks ago.  Mr. Van Blaricum commented that there was Land Bank legislation due to a problem in Junction City.  Mr. Van Blaricum explained that the City of Junction City geared up for a large increase for housing by building roads, sewer lines and special assessments; however, the demand slighted and they ended up with a thousand City lots that went unsold.  Mr. Van Blaricum added that there were still about 750 of those lots unsold and that created a mess of taxes and specials assessed on those properties with no one to pay them. 

Mr. Van Blaricum stated that the purpose of City Land Banks was to acquire, hold and convey property that had been abandoned.  Mr. Van Blaricum commented that one of the ways that a Land Bank would come into play would be to acquire County tax foreclosures.  Mr. Van Blaricum explained that the County sells a property at an auction and takes title, but does not want it and it could be suggested that they deed it over to the Land Bank.  Mr. Van Blaricum commented that all taxes and specials would stop when it went to the Land Bank, taxes would be abated and specials would be advertised if sold.  Mr. Van Blaricum added that the Land Bank would have the power to sell without an appraisal or other authority and was not subject for oversight by any entity. 

Mr. Van Blaricum commented that this was a management tool to look over lots and would be an expense.  Mr. Howard stated that we had had people give us property due to excess mowing bills and we have made deals to sell to the neighbor or neighbors.  Mr. Howard added that it was not usually a property that anyone would want to build on.  Mr. Van Blaricum commented that we act as our own Land Bank, but he would be glad to look into it further.  Mr. Howard commented that it worked best when you could get a whole area or a block was available.  Mayor Kumberg commented that the thought behind that was whether the back taxes or liens would be forgiven if it was put into a Land Bank and the pay off point would be when it sold.   

·        Nuisance properties: 

Mr. Van Blaricum stated that he had been working with Building Inspector Blankenship on nuisance properties.  Mr. Van Blaricum commented that 322 West Blaine Street had indescribable activity going on and it had been filed in Municipal Court and there would be others to come.  Commissioner Skaggs questioned what the next phase was after filing it in court.  Mr. Van Blaricum stated that they show up and answer to the charges of a nuisance.  Mr. Van Blaricum added that they could be fined or sentenced to six months in the County jail and we get an order to clean it up. 

Public Works: 

·        Parrish alley:

Public Works Director Rambat stated that the alley was back open by the Parrish Lofts. 

·        Broken water valves:

Mr. Rambat stated that the water department had been hard at it working to fix broken water valves and doing annual maintenance. 

·        Complaints about gas company: 

Commissioner Meyer stated that he had gotten several complaints about the gas company and taking so long on a project.  Mr. Rambat stated that they had a contractor doing some work boring the gas mains and they had had a mishap crossing one of our utilities.  Mr. Rambat added that we had to go out and direct them, which ended up with having to tear out more street than expected.  Commissioner Meyers questioned if they pay us for that.  Mr. Rambat stated that they do.   

Mr. Rambat explained that he had tried to stay in contact with the concrete contractor to pour the alley entrance in there.  Mr. Rambat stated that he had been seeing locates coming through regularly.  Mr. Rambat commented that we charge them if we had to go back, but they will correct it anywhere from six months to a year after.  Mr. Rambat added that it sometimes takes years for those things to show up. 

·        Parrish gas line: 

Commissioner Skaggs questioned when they would be working on the gas line by the Parrish.  Building Inspector Blankenship stated that they were not going to do it anymore.  City Manager Howard added that they had decided to not relocate the line.  Mr. Howard stated that the City had not filed the easement with the County.  Commissioner Meyer questioned if we should undo that easement by motion.  After little discussion, Commissioner Meyer made a motion to rescind the easement granted to Kansas Gas Service.  Commissioner Taylor seconded the motion and it passed unanimously.

Building Inspection: 

·        Property by Woody’s: 

Commissioner Meyer asked if anything was being done to the property next to Woody’s.  Building Inspector Blankenship stated that it had been cleaned up.  Commissioner Skaggs commented that it would look better if they would board up the front.  Mr. Blankenship stated that he would see what he could do. 

Electric Department:

·        Running steam units: 

Director of Electric Utilities Huber informed the Commission that we would be running the steam units next week.  Mr. Huber commented that Sunflower would be doing work on their substation and may take about two or three days.  Commissioner Skaggs stated that he had heard on the news how vulnerable the grid was to sabotage.  Mr. Howard commented that we would probably be knocked out if the grid was and it would take a while to get the generators up.  Commissioner Skaggs commented that we had a cushion over big Cities.  Mr. Howard stated that there were several times that we could have gone an extended period without electricity if we had not had our own grid, but we can stand alone.  Commissioner Meyer questioned if we pass any of that along.  Mr. Howard stated that we do not adjust our rates.  Commissioner Skaggs asked when we would have to.  Mr. Howard stated that we would have to be on our own for six months, but we would not readjust short term.  Commissioner Meyer commented that we would have other issues if that happened. 

Recreation Department: 

·        Fly ash on Main Street: 

Recreation Director Pinkall informed the Commission that the contractors would be starting the fly ash process on North Main Street and it would be dusty.  Mr. Pinkall suggested that residents keep their windows and doors closed.  Commissioner Taylor questioned when they would be pouring.  Mr. Rambat stated that it could be as early as the next week.  Mr. Howard added that they had fifty working days.  Commissioner Taylor asked if it had to cure for a week.  Mr. Rambat stated that it did.

Mayor and Commission:

·        School threat:

Mayor Kumberg thanked the officers for their work with the school on their threat.   

·        Noise complaint: 

Commissioner Taylor questioned if there were fines for a ‘certain’ neighbor that creates a noise problem.  Commissioner Taylor commented that the police could not even reach them due to the noise level.  Police Chief Myers stated that he would look into that.  Commissioner Taylor questioned why you would call the police if they were not going to be fined.  Commissioner Skaggs commented that they probably had a scanner.  Commissioner Taylor stated that the music was still up when the police come and they leave because they could not reach anyone. 

·        LEC meeting:

Mayor Kumberg commented that they had a LEC meeting last week and went through the current contract and there had not been any substantial changes.  Mayor Kumberg added that the contract would come before the City Commission at some point. 

RECESS:
 
Commissioner Meyer made a motion to recess until Monday, November 16th at 11:00 a.m. for the City/County joint meeting at City Hall.  Commissioner Hlavachick seconded the motion and it carried unanimously.
_____________________________________
LUCUS KUMBERG, Mayor

ATTEST:
________________________________________
LUANN KRAMER, City Clerk

11/16/15-City-County Meeting Agenda

MONDAY

NOVEMBER 16, 2015

PRATT CITY COMMISSION – JOINT CITY/COUNTY COMMISSION MEETING 

COMMISSION ROOM – 11:00 a.m. 

1.        CALL RECESSED MEETING TO ORDER  

2.     ROLL CALL 

3.     DISCUSSION TOPICS: 

      3.1       City-County-School Issues     

      3.2       General Discussion           

4.   ADJOURN

11/16/15-City Commission Meeting Agenda

MONDAY 

NOVEMBER 16, 2015 

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         November 02, 2015 (Regular Commission meeting)    
5.      BUSINESS:

5.1          Presentation of 2015 Service Awards – Mayor and Commission

5.2          Consideration and Approval of Re-appointments to the Travel & Tourism Committee – Kim DeClue, Chamber Executive Director

5.3          Consideration and Approval of 2016 KLINK Resurfacing Project Agreement No. 285-15 on South Main Street – Russell Rambat, Public Works Director 

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, November 2, 2015

10/19/2015-Approved City Commission Meeting Minutes

MONDAY

OCTOBER 19, 2015

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

PRESENT:                  
 
Lucus Kumberg            Mayor
Bill Hlavachick            Commissioner
Jeff Taylor                    Commissioner
Doug Meyer                 Commissioner
          
ALSO PRESENT:        
 
Dave Howard                City Manager
LuAnn Kramer             City Clerk
Ken Van Blaricum        City Attorney  
Diana Garten                Finance Director
Gary Myers                  Chief of Police
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 Kumberg.  The Mayor instructed the Clerk to note that all Commissioners were present with the exception of Commissioner Skaggs.

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

INVOCATION AND PLEDGE OF ALLEGIANCE:

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

MINUTES:

Commissioner Hlavachick made a motion to approve the minutes of the October 05, 2015 regular Commission meeting.  The motion was seconded by Commissioner Meyer and carried unanimously.  

BUSINESS:

CONSIDERATION AND APPROVAL OF AGREEMENT BETWEEN PRATER OIL AND GAS AND THE CITY:

City Manager Howard stated that he had been working with the Prater’s for some time and they had bought the four acres that Hospice had not.  Mr. Howard explained that they would be putting up a new building and moving part of their operations to the Business Park on the 7.81 acres mentioned in the agreement.  Mr. Howard commented that the price of the lot was the same as the other lot that they had previously purchased.  Mr. Howard added that access was limited, but a gravel road had been put in by the tower company.
 
Ms. Barb Prater commented that they had out grown their other lot.  Commissioner Taylor asked if they would use the extra acres for storage.  Ms. Prater stated that they would, but they may want to add something else and this gives them that option.  Commissioner Taylor questioned if they planned on reselling any of the land.  Ms. Prater stated that they were not and they would be using all of the ground.  Commissioner Hlavachick questioned if they wanted the City to build a road.  Mr. Howard stated that the road could be developed in the future if any of the other lots sold and they wanted it developed.  Mr. Howard commented that, since the access to this land was limited, they could use the rights-of-way for a time.  
 
Commissioner Taylor made a motion to approve the Agreement between Prater Oil and Gas and the City for the land described in the agreement.  The motion was seconded by Commissioner Hlavachick and carried unanimously.  

 CONSIDERATION AND APPROVAL OF QUITCLAIM DEED TO PRATER OIL AND GAS FOR 7.81 ACRES IN THE EAST ADDITION TO PRAIRIE PARKWAY BUSINESS PARK:

City Attorney Van Blaricum stated that this was the Quitclaim Deed turning the land over to Prater Oil and Gas.  Commissioner Hlavachick made a motion to approve the Quitclaim Deed for 7.81 acres in Prairie Parkway Business Park to Prater Oil and Gas.  The motion was seconded by Commissioner Meyer and carried unanimously.

CONSIDERATION AND APPROVAL OF LOW BID ON A REPLACEMENT PICK-UP FOR THE PARK DEPARTMENT:

Public Works Director Rambat stated that he had sent out bids earlier to replace a 2001 Dodge parks department pick-up that had about 140,000 miles on it.  Mr. Rambat explained that they would pull off the utility bed and put it on the new pick-up, which would be a winter project for them.  Commissioner Taylor questioned if there was any trade-in.  Mr. Rambat stated that there was not.  Mr. Rambat explained that he was putting together a list of older vehicles and would be having an auction sometime down the road.

Mr. Rambat stated that we had received two bids and Lanterman Motors’ bid was $23,863 and Doug Reh Chevrolet’s bid was for $22,350.  Mr. Rambat added that both vehicles meet the specs, but he would recommend the low bid from Doug Reh.  Mr. Rambat stated that this had been in the budget for the park department for the last two or three years and they had stretched out what they could out of the old truck.  

Commissioner Hlavachick made a motion to approve the purchase of the pick-up from Doug Reh Chevrolet for $22,350.  Commissioner Taylor seconded the motion.  Mayor Kumberg asked if we were going to use the Purple Wave option for the older vehicles.  Mr. Rambat stated that it was an option, but he would be talking to a couple of local auctioneers first.  The motion and second passed unanimously.

OPEN AGENDA:

·        Jeff McCaskey comments:

Mr. Jeff McCaskey questioned if the Commission had had time to look at the material he had presented.  Mr. McCaskey stated that he did not see anything on the agenda to discuss any of the items of concern.  Mayor Kumberg stated that he was going to talk to him, but he was working on a formal reply letter for the items on the list.  Mayor Kumberg commented that a majority of those things were being worked on and, even if it was not apparent, there were a lot of people working on different things.  Mayor Kumberg commented that ED and the Planning and Zoning Commission were working on some things and that takes time to sort through.

Commissioner Taylor stated that the City wide pick-up had been talked about for ten or twelve years, but it was very costly to do.  Commissioner Taylor added that we wanted to do it, but it usually stretches out over two or three months.  Mr. McCaskey commented that he realized it could be an ordeal.  City Manager Howard commented that it takes a lot of people to do that and they were not doing what they were hired for if they were working the special pick-up.  Commissioner Taylor commented that there were a lot of good points on the list, but a lot of it were things that were already in the works.  Commissioner Taylor stated that it would be very difficult to mandate using the straps on the polycarts, because anyone can put something in a polycart if it is in the alley and it may not be the owner’s fault the strap was unfastened.  Commissioner Taylor added that the trash issue in the school yards was not something that the City can do anything about and it was a school issue.  Mr. McCaskey stated that open discussions would be beneficial and the reoccurring problems could be better maintained, so things could be done differently.  Mr. McCaskey added that there had been no action even though it had been talked about for the last ten to twelve years.  Mr. Howard stated that there had been a lot done, so that was not true.  Mayor Kumberg stated that a lot of changes had happened over that time.  Commissioner Taylor stated that the conclusion was that some do not take responsibility or we would not mind doing it.  Commissioner Taylor added that we do have a service for special pick-ups for a fee.  

Mr. Howard stated that the City was constantly going after people to mow and pick up their yards.  Building Inspector Blankenship stated that he puts the special pick-up option in his letters.  Commissioner Taylor stated that people move out and leave stuff at the curb all the time and we haul it away for nothing if we see it, which we can do every once in a while.  Mr. Blankenship stated that 90% of people he talks to first, get it taken care of.  Mr. Howard stated that we try to avoid turning it over to the attorney.  Commissioner Meyer commented that he thought the trash issue was a no brainer, but he had learned the problems from the past and the special pick-up fees that the City has.  Commissioner Meyer assured Mr. McCaskey that it was not off the table, but it could not be fixed overnight.  

Mayor Kumberg stated that he could not address everything in his letter, but he should have that finished this week.  Mr. McCaskey stated that he would be happy to receive it.  Mr. McCaskey commented that he understood about pros and cons, but he wanted the Commission to know that he was not speaking just for himself.  Mr. McCaskey added that people in the community want to see improvements and he had received calls and messages about these things.  Mr. McCaskey commented that he had not received any negative feedback and that demonstrates that people want to see changes.

Commissioner Taylor stated that people that own property want to see improvements, but not an increase in taxes.  Commissioner Taylor continued stating that we do not hear how we look, but we hear about taxes and that is not just the City, but the County, USD’s and the college.  Commissioner Taylor added that this was a double edged sword, because we want to make things beautiful but affordable.  Mr. Howard stated that you could drive anywhere in town and see improvements, so he did not appreciate hearing that nothing was being done.  Mr. McCaskey questioned why Mr. Howard sounded so frustrated.  Mr. Howard stated that it was because he had made the statement that nothing was being done in the community and all you had to do was drive down any street and see progress.  

Mayor Kumberg commented that you had to be careful talking about taxes and explained that they were assessed as a whole community.  Mayor Kumberg stated that the City was 20% of the property taxes and the other entities made up the rest.  Mayor Kumberg explained that his personal taxes were around $2,100 a year and 20% of that divided by 365 days a year was very small.  Mayor Kumberg added that we have decent roads and improvements to the City as a whole.  Mayor Kumberg commented that people state that we are the highest taxing County in the State, but we were actually not the highest or the lowest.

Mayor Kumberg stated that his phone was always open and he would be happy to visit about City issues.  Mayor Kumberg commented that the theatre was an interesting thing, but the City had nothing to do with the person who owns the building; however, ED was aware that there was a lot of interest in getting one back in Pratt.  Mayor Kumberg added that it takes investors to come in to get it going again.  Mr. McCaskey stated that that was not one of the first things on the top of his list, but he understood that the City was not going to run businesses; however, government outreach or ideas from the City could start the ball rolling.  Mr. Howard stated that they had been working on the theatre since the old one closed, but they were lacking investors.  Mayor Kumberg explained that the Alco building was not owned by the City contrary to what some people thought.  Mr. Howard added that it was for sell, but the price was high and nobody wants to pay that.  

Mr. Howard stated that there were a lot of promising things that could happen quickly, but smart businessmen do not want people to know what they are doing.  Mr. Howard commented that we would not get them to come here if we did not respect that.  Mr. McCaskey stated that he could appreciate that.  Commissioner Meyer stated that we could not forget the work on the Parrish Lofts, which was huge, as well as the downtown project and the work being done down south.  Commissioner Meyer added that we also have churches doing major additions, which we have no control over.  Mr. Howard stated that they have to have confidence in the City to do those types of investments.  Commissioner Meyer continued stating that we also have a new wastewater treatment plant, hospital, the Maple Street addition and Green Sports Complex.  Mr. Howard stated that the Sports Complex was why we have the motels and, if people come to town, they spend money.  

Mr. McCaskey stated that he agreed; however, there were points of intention such as more options for restaurants.  Mr. Howard stated that all restaurants have population standards and we are too small.  Mr. Howard explained that traffic counts did not mean anything and we just need one of them to take a chance on us.  Mayor Kumberg stated that they had to get their own investors and they were taking more notice of us now than they did three years ago.  Mr. Howard stated that we had not suffered tremendously, but we had pulled in the reins with the oil industry slowing down.  Mr. McCaskey commented that things had been made easier due to the oil and gas market, but hopefully we can add businesses and get different jobs in town.  

Finance Director Garten stated that our economy had strong indicators even though taxes were down by 4%.  Ms. Garten added that unemployment last month was at 4.2 and the State level was 4.4.  Mr. Howard commented that that was the biggest deterrent for bigger businesses, because they were not interested in coming in and rob employees from established businesses.  Ms. Garten explained that we were down 4.7% over last year, but up from other years.  Ms. Garten added that last month was only down by $1,500 and that was a positive thing.  Mr. McCaskey stated that some businesses were off by 15% to 20%.  Ms. Garten commented that, if that were true, others were up.  Mr. Howard stated that bad management could be why some businesses did not last.  
 
Mr. McCaskey stated that this was not all coming from him.  Mr. McCaskey commented that he felt that Mr. Howard was hard on him tonight and his intention was not to make Mr. Howard feel critical towards him.  Mr. Howard stated that he did like to debate and he know what has gone on and is going on in Pratt.  Mr. Howard added that he was not critical, but he appreciates the opportunity to debate.  Mr. McCaskey commented that he appreciated that stances were taken and he was not pointing his criticism to anyone specifically.  Mr. Howard stated that we do a lot, but some places we may fall short and we take that on the chin.  Mr. Howard added that this was what we do.  Mr. McCaskey stated that people love their community, but the Commission was responsible for what goes right and they want to see change and improvement.  Mayor Kumberg stated that he was willing to talk to anyone about this.  Mr. McCaskey stated that some think that the Commissioners are not approachable.  Mr. Howard stated that that is a two way street.  Mr. McCaskey stated that some things needed changed to change that perception, such as town hall things.  Commissioner Taylor stated that some people want to say something but not to someone who can do something.  Commissioner Taylor clarified by saying that there were a lot of sayers but not a lot of doers.  Commissioner Taylor stated that the City passes the budget with no one in the audience. 

Mr. Howard stated that there was not a week that goes by that we had not sent out personal contacts during the street projects and the downtown businesses had decided what that project was going to be.  Mr. Howard commented that it was not what the City wanted, but it was what the people wanted.  Mr. Howard added that we had had some of those meetings that were geared towards business people and we had had a good turnout.  Commissioner Meyer stated that he had been on the Planning and Zoning Commission and there were more people show up for those meetings, but they were also directly affected by those issues.  Mr. Howard stated that we did want to provide good service to people and we make ourselves available.  

Mr. Howard stated that, if someone is out of compliance, they should contact Mr. Blankenship.  Mr. Howard added that we do not ignore complaints.  Mr. Blankenship stated that he gets right on any phone calls that come in to the office and they usually get taken care of.  Mr. Howard stated that every department operates that way.  Mr. Rambat commented that, people that need to clean up, did not do it nine out of ten times so they chose to be that way.  Mr. Rambat stated that we could not go on private property to clean up trash.  Mr. Howard added that the toughest people to deal with were the ones that did not care.  Mr. Blankenship stated that that was a very small portion of the City.

Mayor Kumberg stated that it was an eye opening thing for any elected position or job when you come in with a preconceived notion.  Mayor Kumberg added that it was an interesting thing to learn how things work and it is nothing like what you thought.  Mayor Kumberg stated that he would get the letter out to Mr. McCaskey and be glad to discuss anything that he had.

REPORTS:
 
City Manager:

·        Retirement:

City Manager Howard stated that Mr. Jack Taylor, manager of the S.P.I.R.I.T. group, would be retiring at the age of 82 or 83.  Mr. Howard commented that nobody was as dedicated towards a project as Mr. Taylor was to this one.  Mr. Howard added that they were looking to fill that position.
 
·        Parrish Open House:

Mr. Howard stated that the Parrish Lofts would be having an Open House sometime in December.  Mr. Howard commented that timelines were meaningless at this phase of the project, but they did intend to do that.  Mr. Howard added that they would be staging one of the apartments.

City Attorney:

·        Term limits:

City Attorney Van Blaricum stated that he had discussed our term limit situation at the City Attorney’s meeting.  Mr. Van Blaricum commented that our ordinance states that no person shall be eligible for more than two, three year terms and then they had to sit out for four years.  Mr. Van Blaricum explained that this had been voted on by the public in the April 06, 2010 election; therefore, everyone whose service began after that date would be out after two terms.  Mr. Van Blaricum commented that Commissioner Taylor and Commissioner Skaggs would be termed out this next year.  Commissioner Taylor questioned where he had gotten that ruling, because it was different than what they had been told for the last six years.  Commissioner Taylor stated that they were elected, then the ordinance took effect.  Mr. Howard commented that there was no effective date on the ordinance.  Mr. Van Blaricum stated that he would check again.

Commissioner Taylor questioned if the election would occur in April or if their terms would be extended by an ordinance.  Mr. Van Blaricum stated that all Commissioners would take office the second Tuesday in January, which was what the law provides as of right now.  Mr. Van Blaricum added that, no matter when the elections were in 2016, the Commissioners take office in January 2017.  Mr. Van Blaricum explained that they had not provided for 2016 so it was not clear when 2016 would be.  Mr. Van Blaricum stated that he was sure that, if elected in April 2016, you would take office in January 2017.  
 
Mr. Van Blaricum stated that the Secretary of State had talked about the regulations to be able to have an election in April 2016 and an ordinance would have to be passed to provide for an April or November election.  Mr. Van Blaricum commented that legislature may fix that in this session since they had had time to think about it.  Mr. Van Blaricum stated that the question remains on who would serve the rest of that term if a term ends in April 2016.  Mr. Howard stated that we would need to change the code since it has that we have elections in April.  Mr. Van Blaricum stated that all City elections were in April and the new law states that you have to have an ordinance, which would include the staggered terms.  Mayor Kumberg asked if we would amend the old ordinance.  Mr. Van Blaricum stated that we would do a new one, but he recommended waiting to see what the Secretary of State does or what the regulations say.  

Mayor Kumberg commented that we had gotten an email from the League that explained extended terms.  Commissioner Taylor stated that, whatever else would be on an April ballot, we would save some money and might as well align them.  Mr. Van Blaricum stated that, if we had an April election, the elected would be waiting until January to take office.  Mr. Van Blaricum commented that he sees it moving to November and taking office in January.  

·        Back Packs:

Commissioner Meyer questioned if he had received any guidance on the bike and back pack subject.  Mr. Van Blaricum commented that he would have that at the next meeting.

Public Works:

·        Replacing RR ties:

Public Works Director Rambat stated that he had talked with KDOT and Recreation Director Pinkall about the railroad wanting to replace ties and piggy backing off of our project at the north crossing on Main Street.  Mr. Rambat explained that the north crossing would be out of order at the end on Thursday and Friday to replace the ties.  Mr. Rambat added that the crew doing that would be out of Pratt by Friday evening.  Mr. Rambat reported that he had contacted the newspaper and radio stations, as well as placing signs on both sides of the railroad tracks.  Mr. Rambat added that they had also arranged for a meeting on Thursday with fire, EMS and police.  Commissioner Hlavachick questioned if they were going to look at the south tracks also.  Mr. Rambat stated that that was a different railroad, but he could make contact with them.

·        Parrish alley:

Mr. Rambat informed the Commission that Arensdorf Construction had gotten a third of the alley poured by the Parrish Lofts and he should finish Tuesday or Wednesday.  Mr. Rambat explained that they would let it cure for three or four days before opening it back up.

Electric Department:

·        Comments on ‘not seeing anything being done’:

Director of Electric Utilities Huber stated that he was going to report on the power plant and distribution doing maintenance, but he wanted to comment on hearing that no improvements were being seen in Pratt.  Mr. Huber commented that every day was an improvement and reliability happens every day.  Mr. Huber stated that he had worked for the City for twenty-four years and he was proud to be here, so this type of statement bothers him.  Mr. Huber added that other long term employees had seen improvements and the power plant guys and the line distribution guys continue doing improvements every day.

Recreation Department:

·        Main Street project:

Recreation Director Pinkall stated that the Main Street project was on hold, but they would be coming back to plant trees and teach the City about the irrigation system.  Mr. Pinkall stated that cleaning had been accomplished, but there was a list of things yet to be finished; however, the main part was finished.  Mr. Pinkall commented that the traffic lights had been synchronized.  Mayor Kumberg stated that he had already heard two comments on the banners.  Commissioner Meyer questioned if they would still be planting this fall.  Mr. Pinkall stated that they would plant the trees but would not be planting in the planters yet.  
 
Mr. Pinkall commented that the line guys were working on the Christmas decorations, so things would shape up in the next six to eight weeks.  Mr. Huber added that the Christmas lights would be on a timer so the police department would not have to turn them on and off.  Mr. Pinkall explained that there would be a line from the buildings to the poles only during the holidays.

Police Department:

·        Truck traffic:

Police Chief Myers stated that he had never taken a truck traffic count on Main Street, but he knows now that truckers are gamblers.  Chief Myers commented that he had had calls from truckers asking for an exception to use Maple Street.  Chief Myers added that it was amazing that they take risk and sneak by on Jackson Street and Oak Street.  Chief Myers stated that they would probably be writing quite a few tickets, but most were compliant.

ADJOURN:
 
Commissioner Hlavachick made a motion to adjourn.  The motion was seconded by Commissioner Meyer and carried unanimously.

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LUCUS KUMBERG, Mayor

ATTEST:

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LUANN KRAMER, City Clerk