MONDAY
NOVEMBER 07, 2016
The
Governing Body of the City of Pratt met in Regular session in the Commission
Room located in City Hall.
PRESENT:
Lucus Kumberg Mayor
Jeff Taylor Commissioner
Gary Skaggs Commissioner
Doug Meyer Commissioner
ALSO
PRESENT:
Roy
Eckert 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 Director 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 Hlavachick.
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 17, 2016 regular
Commission meeting, the October 26, 2016 Special Call meeting #1 and the
October 26, 2016 Special Call meeting #2.
The motion was seconded by Commissioner Taylor and carried unanimously.
BUSINESS:
CONSIDERATION AND APPROVAL OF
PELICAN AGREEMENT WITH THE HISTORICAL SOCIETY:
City
Attorney Van Blaricum stated that this Pelican Agreement had the accessories
added that were not on the one at the last meeting. Mr. Van Blaricum pointed out that the only
changes made were to add the limestone and the fish. Commissioner Skaggs made a motion to approve
the Pelican Agreement with the Pratt County Historical Society. The motion was seconded by Commissioner
Meyer. Commissioner Taylor questioned if
we had to have it insured. Mr. Van
Blaricum stated that we did and he had gotten the name of an appraiser from the
Art Museum; however, he also got the last appraisal from Library Director
Westerhaus. Mr. Van Blaricum commented
that the last appraisal was in the amount of $16,500 in 2011. Commissioner Skaggs questioned how much it
would cost to have it appraised again.
Mr. Van Blaricum stated that it was pretty pricey if you were only
having one item appraised. Commissioner
Skaggs suggested that we get some good pictures so that we had current ones on
file. With no more discussion, the
motion and second passed unanimously.
CONSIDERATION AND APPROVAL OF
PERPETUAL EASEMENT PROPOSAL WITH AMERICAN TOWER AT 201 S. JACKSON:
Finance
Director Garten stated that American Tower had called her and they were the
company that had been hired by Verizon to manage their towers. Ms. Garten commented that they had been
reviewing the original agreement with Alltel and there were no easements in
that original, which they needed to work on the tower. Ms. Garten stated that they would pay the
City $20,000 and there would be no repayment involved if the agreement was
broken before the term was up. Ms.
Garten added that we would continue to have the right to get to any utilities.
Mayor
Kumberg asked if we had easements with other tower companies. Mr. Van Blaricum commented that this would
have been negotiated through Alltel if it were really important. Ms. Garten clarified that this was American
Tower that was requiring it and they were hired by Verizon to do the
maintenance. Building Inspector
Blankenship stated that we do have another tower built by the college that had
an easement going into their tower. Mr.
Blankenship added that we did not do a plat for that. Commissioner Meyer made a motion to approve
the perpetual easement proposal with American Tower at 201 South Jackson as
presented. The motion was seconded by Commissioner
Taylor and carried unanimously.
CONSIDERATION AND APPROVAL OF
BID FOR A 750 KVA PAD MOUNT TRANSFORMER AT NEW KANZA COOP STORAGE:
Director
of Electric Utilities Huber informed the Commission that he had gone out for bids
for a transformer for the Iuka Coop. Mr.
Huber explained that the Coop was expanding to the south and the transformer
bid was going to be over $10,000. Mr.
Huber stated that he sent out two bids and one was returned on time and the
other was not. Mr. Huber recommended the
bid from Stanion Wholesale Electric Company in the amount of $12,807.51. Commissioner Taylor made a motion to approve
the purchase of a 750 KVA pad mount transformer from Stanion Wholesale Electric
Company in the amount of $12,807.51. The
motion was seconded by Commissioner Skaggs and carried unanimously.
CONSIDERATION AND APPROVAL OF
ORDINANCE 1614 AUTHORIZING SPECIAL EVENT CATERING OF FOOD ON PUBLIC PROPERTY:
Mr. Van
Blaricum stated that this ordinance had been considered at the last meeting,
but he had added Section 4 so that this would not apply to City sponsored
events. Mr. Van Blaricum reminded the
Commission that there would be a $25 event fee per day for private
caterers. Commissioner Taylor commented
that we assume that whoever pulls in on Dollar General’s parking lot had
permission to be there. Commissioner
Taylor asked if we had checked to see that they do. Mr. Blankenship stated that we had not since
that was private property.
Commissioner
Skaggs asked what was considered City sponsored. Public Works Director Rambat stated that
Christmas in the Park and Miss Kansas events would qualify. Recreation Director Pinkall added that the
Teen Center had a street dance and the high school tennis tournament had a BBQ
place come in. Commissioner Skaggs asked
if they would be able to come in and ask for a waiver of the permit fee. Mr. Van Blaricum stated that they would not
if it was a City sponsored event. Mr.
Rambat stated that they would still have to have a permit and not interrupt
local businesses. Commissioner Meyer
asked how we would enforce this. Mr.
Rambat stated that they would have to display the permit where it could easily be
seen. Mr. Van Blaricum explained that
the athletic banquet caterer, for example, would have to have a permit since it
was not a City sponsored event.
Commissioner Meyer asked if there were any other Cities that have
something similar. City Manager Eckert
stated that Branson had a lot of this and it was doing quite well. Commissioner Skaggs stated that they would
have to come to the City and get the permit and the police would approach them
if they did not have a sign. Mayor
Kumberg questioned if the sign would have on it that it had to be visible by
the public. Mr. Rambat stated that we
had not designed it yet.
The
following Ordinance 1614 was then presented to the Commission for their
approval: AN ORDINANCE
AUTHORIZING SPECIAL EVENT CATERING OF FOOD ON PUBLIC PROPERTY.
Commissioner Skaggs made a motion to approve Ordinance 1614 authorizing
special event catering of food on public property. The motion was seconded by Commissioner Meyer
and carried unanimously.
CONSIDERATION AND APPROVAL OF
ORDINANCE 1615 PROVIDING FOR REGULATION OF PUBLIC OFFENSES WITHIN THE CORPORATE
CITY LIMITS, INCORPORATING BY REFERENCE THE 2016 UNIFORM PUBLIC OFFENSE CODE
FOR KANSAS CITIES:
Mr. Van
Blaricum stated that this was a publication put out every year by the League
and was parallel to State laws. Mr. Van
Blaricum commented that the adoption of this ordinance opts the City out of
certain things that we do not want to include in our criminal code. Commissioner Skaggs questioned why we want to
omit and delete worthless checks. Mr.
Van Blaricum stated that State law takes care of that and was more law than we
needed, so it was a duplication. Mr. Van
Blaricum reviewed the other deletions, such as criminal use of a financial card
and selling motor vehicles without a license, which were both nicely covered by
State law. Mr. Van Blaricum continued
stating that barbed wire was something that we did not want to outlaw totally
and medicine in vending machines was totally regulated by law, as was cruelty
to animals. Mr. Van Blaricum stated that
loitering by minor children had been adopted by our own ordinance.
The
following Ordinance 1615 was then presented to the Commission for their
approval: AN
ORDINANCE AMENDING CHAPTER 9.04 OF THE MUNICIPAL CODE OF THE CITY OF PRATT,
KANSAS; PROVIDING FOR THE REGULATION OF PUBLIC OFFENSES WITHIN THE CORPORATE
LIMITS OF THE CITY OF PRATT, KANSAS; INCORPORATING BY REFERENCE THE
"UNIFORM PUBLIC OFFENSE CODE FOR KANSAS CITIES," EDITION OF 2016,
WITH CERTAIN OMISSIONS. Commissioner Taylor made a motion to approve
Ordinance 1615 providing for the regulation of public offenses within the
corporate limits of the City by reference of the Uniform Public Offense Code
for Kansas Cities-Edition of 2016. The
motion was seconded by Commissioner Skaggs and carried unanimously.
CONSIDERATION AND APPROVAL OF
ORDINANCE 1616 PROVIDING FOR REGULATION OF TRAFFIC WITHIN THE CORPORATE CITY
LIMITS, INCORPORATING BY REFERENCE THE 2016 STANDARD TRAFFIC ORDINANCE FOR
KANSAS CITIES:
Mr. Van Blaricum stated that the new
County Attorney had requested the update to the 2016 version when she had
noticed that the old traffic handbook had a DUI law that was
unconstitutional. Mr. Van Blaricum
stated that she felt that we should adopt the 2016 version and he did not
disagree with that. Mr. Van Blaricum
stated that the old ordinance was three years old and this was also put out
yearly by the League. Mr. Van Blaricum
stated that we adopt this pretty much the way it is. Mr. Van Blaricum added that this talks about
speed limits and such. Commissioner
Meyer questioned if we enforce the parking within 10’ of a cross walk at an
intersection. Chief Myers stated that
they do. Mr. Van Blaricum stated that a
past police chief and Commission had made provisions previously.
The
following Ordinance 1616 was then presented to the Commission for their
approval: AN ORDINANCE
AMENDING CHAPTER 10.04 OF THE MUNICIPAL CODE OF THE CITY OF PRATT, KANSAS
PROVIDING FOR THE REGULATION OF TRAFFIC WITHIN THE CORPORATE LIMITS OF THE CITY
OF PRATT; INCORPORATING BY REFERENCE THE “STANDARD TRAFFIC ORDINANCE FOR KANSAS
CITIES,” 2016 EDITION, WITH CERTAIN OMISSIONS, CHANGES, AND ADDITIONS;
PRESCRIBING ADDITIONAL REGULATIONS; PROVIDING CERTAIN PENALTIES; AND REPEALING
CHAPTER 10.4. Commissioner Meyer made a motion to approve Ordinance 1616 adopting the
Standard Traffic Ordinance for Kansas Cities, 2016 Edition with certain
omissions, changes and additions. The
motion was seconded by Commissioner Skaggs and carried unanimously.
OPEN AGENDA:
· Michael Florez:
Mr. Michael Florez stated that he had been
to the Commission in September requesting an investigation of an officer and he
wanted a status update or to know if it had been sent to the KBI. City Attorney Van Blaricum stated that his
request had been submitted to the Police Chief and he had done an internal
investigation. Mr. Van Blaricum
commented that that investigation had come back that there was no negligence. Mr. Florez stated that there was to him and
he had talked to Chief Myers and he had agreed to an internal investigation if
it was fair. Mr. Florez commented that
it was not fair and no one interviewed his son or neighbor. Mr. Florez stated that there was a problem in
Pratt and he added that Mr. Van Blaricum could deal with it or he would. Mr. Van Blaricum commented that this was
where it stood, but the City was at the end of the road. Mr. Van Blaricum stated that Mr. Florez and
his son had been treated fairly and we were not prepared to take any other
action at this point. Mr. Florez
requested to have something in writing.
Mr. Van Blaricum stated that he would do that.
REPORTS:
City
Manager:
· KMEA Conference:
City Manager Eckert stated that he had
attended the KEMA conference in Wichita and it was a very good conference.
· Bike crowd:
Mr. Eckert stated that he had numerous
calls regarding the bike crowd issues and he had personally witnessed about
seven of them riding down the middle of Highway 54 circling in front of cars
and trucks. Mr. Eckert commented that
there were more reports of cars being vandalized and he actually had someone
try to get into his house earlier this morning.
Mr. Eckert stated that this was getting bigger and bigger and we needed
to get aggressive. Mr. Eckert informed
the Commission that there were groups forming to determine how to deal with
it. Mr. Eckert stated that we need to
work with City and County departments to get a handle on it, because this was
not Pratt.
· Staff:
Mr. Eckert stated that City staff were
doing a tremendous job. Mr. Eckert
commented that he was waiting for something to help on, but they just take care
of it. Mr. Eckert stated that he had
gotten things done in the office and he was proud of what the staff does on a
daily basis. Mr. Eckert added that Pratt
has a lot to be proud of.
· Newly elected officials:
Mr. Eckert stated that he would like to
get the newly elected officials the 2016 handbook for Government
officials. Mr. Eckert commented that
this was required reading for the local winners.
Public
Works:
· South Main alley:
Public Works Director Rambat stated that
he had been doing some work in the alley in the 200 block of South Main
Street. Mr. Rambat stated that he was
looking at resurfacing the whole alley since his budgeted money had been spent
on the streets and highways the last several years. Mr. Rambat added that the businesses would
appreciate the City looking at the alleys and he had the funds to finish out
this alley and then could do an alley per year.
Commissioner Skaggs agreed that this was way past due.
· Curb at Lanterman’s:
Mr. Rambat stated that a contractor would
be replacing the curb at Lanterman Motors later this week. Mr. Rambat explained that this takes a
special saw and there would be one lane closed Friday and then they would open
it back up on Saturday and Sunday, then close it again next week. Mr. Rambat stated that they were also looking
at doing the sidewalk and curb at Haskins, but jobs were taking more time and
the rain had slowed them down.
· WWTP project:
Mr. Rambat stated that the wastewater
treatment plant project was close to completion. Mr. Rambat commented that EBH, Mr. Eckert,
Wastewater Treatment Plant Superintendent Angood and he would go through the
checklist the first of next week. Mr.
Rambat added that the plant was running very well and he was glad to see the
project coming to an end.
· Santa House:
Mr. Rambat stated that the street
department had taken the Santa house to the high school so they could do some
improvements. Mr. Rambat commented that
they would take it down to Lemon Park when it was done since the Christmas in
the Park event was coming up. Mr. Rambat
added that he was working with Mr. Pinkall on the proper notification for
traffic control for that event, but it would probably be the same as last year.
· Water valves:
Mr. Rambat commented that the water department
were replacing the last two valves in the City mains. Mr. Rambat stated that this would help
control breaks better. Mr. Rambat
explained that any City installs a utility until it fails; however, they
usually get replaced every six to ten years.
· Close public restrooms:
Mr. Rambat informed the Commission that
Park Superintendent Eckhoff would be closing down the public restrooms next
week, but we did get a few extra weeks with them open this year. Mr. Rambat added that there would still be
the porta-potties.
· Compost carts:
Commissioner Taylor asked when the last
pick-up for compost would be. Mr. Rambat
stated that it would be Thanksgiving week.
· Bricks on Ninnescah Street:
Commissioner Taylor asked if Mr. Rambat
could look at the first house south of the Counseling Center because the
driveway was busted out and the bricks were falling into a hole. Mr. Rambat stated that he would look into
that.
Inspection
Department:
· Casey’s:
Building Inspector Blankenship stated that
Casey’s had finished everything and the bids had been sent out. Mr. Blankenship commented that he had a local
contractor get the grading bid and he had taken calls from other contractors
about licensing and permits.
Electric
Department:
· Update on outage:
Director of Electric Utilities Huber
informed the Commission that the power outage last week was due to outdated
equipment. Mr. Huber explained that an
independent contractor from Kingman was working at the plant at the time and
wiggling fifty year old wires caused the outage. Mr. Huber commented that this was only the
beginning and they would be needing to spend some money to get the wires
replaced.
Recreation
Department:
· Parking at Christmas event:
Recreation Director Pinkall stated that he
would be getting a mailing out to the residents on Santa Fe Road and Pine
Street concerning parking during the Christmas in the Park event.
· Soccer field:
Mr. Pinkall stated that he would be
meeting with Dr. Calvert concerning the planning stages for the soccer
field. Mr. Pinkall commented that they
would be discussing who would be responsible for what and the steps needed to
get started. Mr. Pinkall stated that
City Manager Eckert would also be involved.
Mr. Pinkall added that he would meet with the Commissioners before they
go to the college since we needed to protect our side of the project. Mr. Pinkall explained that he would need to
get initial costs of infrastructure from Mr. Rambat and Mr. Huber, so there was
a lot of things to discuss.
Police
Department:
· Bike issue:
Chief Myers stated that there continued to
be break-ins in the community and they had also expanded out into the
County. Chief Myers commented that they
needed the help of the citizens by calling in when they see suspicious activity
or persons. Chief Myers stated that
these thefts take place in the darkness and the bike riders disperse and hide
when the officers get into the area; therefore, it was difficult to capture
them. Chief Myers commented that
residents and businesses need to lock the doors of their homes, businesses and
vehicles and turn on their security systems if they have them. Chief Myers added that they had submitted
some fingerprints to the KBI; however they were very busy and thefts and
burglaries were low priority. Chief
Myers explained that the KBI was overwhelmed with more serious crimes. Chief Myers informed the Commission that they
were not recovering property and they were more than likely taking it to
pawnshops in Hutchinson or Wichita or sharing the goods amongst
themselves. Chief Myers stated that they
were continuing to try to put a stop to it.
Commissioner Meyer thanked him and the other officers for what they were
doing.
Finance
Department:
· Sales Tax:
Finance Director Garten stated that there
was sales tax information in the packet and there was not a lot of
changes. Ms. Garten commented that last
month had looked better. Commissioner
Meyer commented that he thought we would be up in June with that being Miss
Kansas month. Ms. Garten explained that
it was hard to say that that was just that month since it depends on the cutoff
dates, so this may not be a clear picture.
Ms. Garten stated that some people pay monthly, some semi-monthly and
some prepay. Ms. Garten commented that
she does not get too concerned on the per month figures.
Mayor
and Commission:
· Bill Cain family:
Mayor Kumberg expressed the Commission’s
condolences to the Bill Cain family.
Mayor Kumberg stated that he was a part of the City staff family and the
fire family and was also behind every set-up at the Municipal Building. Mayor Kumberg added that Mr. Cain was a
member of the fire department and he was always there to keep the firemen
safe. Mayor Kumberg commented that Mr.
Cain’s death was very unexpected and he would certainly be missed.
· Vote:
Mayor Kumberg reminded everyone to get out
and vote tomorrow.
· Drug Court:
Mayor Kumberg stated that a group had
gotten together last Friday to discuss the drug court that had been brought up
at the last joint meeting. Mayor Kumberg
commented that there was a representative from the police department, sheriff’s
office, County and City Commissions, City Manager, the incoming County Attorney
and Judge Meisenheimer. Mayor Kumberg
stated that they had come to the conclusion that they needed to think about
this a little more. Mayor Kumberg
explained that there was a total of three people that would qualify for the
program according to the Senate bill.
Mayor Kumberg stated that, looking at the other opportunities that we
had, we could use the group as a multiple disciplinary group to come up with
ideas to better utilize the services that we have that were going through the
court system. Mayor Kumberg commented
that no action came out of the meeting, but there was an issue with crime and
they were very eager to try to find ways to help with that issue. Mayor Kumberg stated that he was very
impressed with the group’s knowledge and he looked for good things to come.
· Candidates:
Commissioner Meyer commended the City
Commission candidates for making a commitment to run for office. Commissioner Meyer stated that they had all run
a clean campaign and were all represented well at the forum.
Executive
Session:
Mayor Kumberg made a motion to
enter into executive session to discuss contract negotiations to last thirty
minutes. The motion was seconded by
Commissioner Taylor and carried unanimously.
Mayor Kumberg made a motion to
return from executive session with nothing to report. The motion was seconded by Commissioner
Taylor and carried unanimously.
ADJOURN:
Commissioner Skaggs made a motion
to adjourn. The motion was seconded by
Commissioner Meyer and carried unanimously.
_______________________________________
LUCUS
KUMBERG, Mayor
ATTEST:
________________________________________
LUANN KRAMER, City Clerk