Tuesday, October 22, 2013

10/07/13-Approved City Commission & City/County Meeting Minutes


MONDAY
October 07, 2013

The Governing Body of the City of Pratt met in Recessed session with the County Commission in the Commission Room located in City Hall.

                        PRESENT:                 Jeff Taylor                   Mayor
                                                            Bill Hlavachick           Commissioner
                                                            Gary Skaggs                Commissioner
                                                            Karen Detwiler            Commissioner
                                                            Lucus Kumberg           Commissioner

 

                        ALSO PRESENT:      Dave Howard              City Manager
                                                            LuAnn Kramer            City Clerk
                                                            Gary Myers                  Police Chief
                                                            Joe Reynolds               County Commissioner
                                                            Charles Rinke              County Commissioner
                                                            Glenna Borho              County Commissioner
                                                            Sherry Kruse                County Clerk
                                                            Bob Schmisseur           County Counselor

                                                                                                                       

CALL TO ORDER:

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

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

BUSINESS:

DISCUSSION ON ECONOMIC DEVELOPMENT:

Mayor Taylor commented that this discussion came about because Chamber Director Jan Scarbrough was going to be moving and he stated that he enjoyed and appreciated what she had done.  Mayor Taylor questioned when she would be leaving.  Ms. Scarbrough stated that she did not have a date yet. 

Mayor Taylor stated that there had been some discussion about having the City be more involved in economic development.  City Manager Howard stated that the City already does about 80% of it anyway and it should go under us.  Mr. Howard commented that the City would manage the meetings and make sure that money was spent in the best interest of everyone.  Mayor Taylor commented that there were two ED board members that were appointed by the City, two by the County and one by the Chamber.  Commissioner Reynolds stated that that would be fine with him.  Mr. Howard explained that economic development was using land logically, understanding utilities and having a place to put a business that wants to come to town.  Mr. Howard added that the City was doing that on Highway 61 with utilities and proper zoning in that area.

Commissioner Kumberg questioned if the board would stay intact if it was no longer under the Chamber.  Mr. Howard stated that it would, but it would not be attached to tourism or the chamber.  Commissioner Borho commented that it would benefit the City and County no matter what since they each had two representatives on the board.  Mayor Taylor questioned if they should use a member of the Commission.  Commissioner Reynolds asked if Counselor Schmisseur would do it.  Mr. Schmisseur stated that he was considered a part-time employee of the County.  After little more discussion, Commissioner Reynolds made a motion to appoint Commissioner Borho to the ED board.  Commissioner Rinke seconded the motion and it carried unanimously.  Commissioner Kumberg questioned how they would choose a president for the board.  ED Board Member Kenton Landenburger stated that they would have to go back in the by-laws and the Chamber would run until the end of the year, which would be the time to make the transition.  Mr. Landenburger commented that changing memberships should not be a problem and they were excited to go in this direction.  Commissioner Borho questioned if the Commission would be comfortable with Mr. Howard being the City representative.  Commissioner Skaggs stated that he had the knowledge of the utilities.  Commissioner Kumberg questioned if there would be a conflict of interest if a Commissioner was on the board.  Mr. Howard stated that he was at the meetings for informational purposes only and not to vote.  Mr. Howard added that the City and County want to be comfortable and getting one of our own would give the board more people putting in real input.  Commissioner Borho stated that the by-laws would not have to be changed if there was no voting by a Commissioner or representative.  Mr. Landenburger stated that that was correct.  Commissioner Detwiler stated that she had no problem with Mr. Howard being the City representative.  Mr. Howard stated that City staff would become involved after meetings to do presentations and we would want to include planning and zoning also.  Commissioner Borho commented that the County’s planning and zoning would get involved with any development outside the City of Pratt.  Mr. Howard stated that that could be and the City would give back the same effort as if it were inside the City.  Mr. Howard added that this was all in our best interest.  Commissioner Kumberg made a motion to appoint City Manager Howard as the City’s representative on the ED Board.  The motion was seconded by Commissioner Detwiler.  Mayor Taylor added that Mr. Howard would be an ex officio member.  The motion and second passed unanimously.

Mr. Howard stated that he would get with Mr. Landenburger and work out issues and keep the Commission updated.  An audience member questioned how this split with the Chamber would affect the Travel and Tourism Committee and if they would be able to share the office space and administrative staff.  Mr. Howard stated that people had mentioned that tourism should come under the City as well.  Mr. Howard added that he had no intention of doing that, but he did not know if that would go anywhere.  Commissioner Skaggs commented that that does not leave much for the Chamber Director to do.  Mr. Howard stated that that was part of the issue.  Mayor Taylor commented that there would be some things that needed to be worked out.  Mayor Taylor added that part of the Chamber’s salary was paid by tourism and we were not leaving the Chamber out in the cold.  Mr. Howard commented that it was no one’s intention to do harm to the Chamber.  The audience member stated that he understood that this was the best move for economic development, but his concern was whether tourism would be able to share or utilize office space and administrative staff. 

Commissioner Kumberg stated that, no matter what they decide to do, they needed a job description before they go out looking.  Mayor Taylor commented that it was less than ninety days before this would happen.  Mr. Howard stated that there had been no detailed discussions yet.  Mayor Taylor added that it would help to have a breakdown of the budget to see how much was tourism and how much Chamber, plus any shared expenses, and that would help us know their needs.

LEC DISCUSSION:

Mr. Howard commented that there were some maintenance issues that had come up in budget concerning the upkeep of the LEC and he was going to have Chief Myers explain those.  Chief Myers commented that he had made some provisions in his budget for next year to do some upgrades in dispatch.  Chief Myers stated that the carpet had been replaced one time in twenty years and the interior painted one time, as well.  Chief Myers added that the office furniture was getting old and the dispatch center was a mess. 

Chief Myers explained that the dispatch needed to be modernized and set-up where there were two seats and each one was able to handle all 911 and dispatch calls.  Chief Myers commented that the dispatchers handle all the emergency calls for the City and County law enforcement, local fire and township fire departments, which was a lot for one person.  Chief Myers added that he realizes that he does not have the funds for additional staff, but it would make it easier to dispatch with an upgrade to the phone system.  Chief Myers explained that he had toured a few dispatch 911 centers with Dispatch Supervisor Lyda Kasselman and they realized that our dispatch center was way outdated.  Chief Myers stated that they had contacted two companies and they came and looked at our center and had come up with a cost to upgrade, without new carpet, to be about $28,253.53.  Chief Myers added that new carpet in the dispatch center and four administrative offices would add about $4,000 to that.

Chief Myers stated that the biggest issue was the phone system and the Sheriff had updated their phone service within the last year or so, but he did not have the budgetary approval to upgrade to link the two systems together.  Chief Myers explained that, if they get a call for the Sheriff’s department, they had to ask them to call back on the Sheriff’s number.  Chief Myers commented that they answer that line if there is no one available on the Sheriff’s side.  Chief Myers stated that he was going to use forfeiture funds for the upgrade, but, once that money was depleted, it was not replaced with budgetary funds.  Chief Myers stated that there were other issues that needed to be addressed and he felt that it would be beneficial if the LEC Committee was back in order.  Chief Myers commented that their last meeting was over a year ago and there were issues that came up from time to time that should be addressed.

Chief Myers stated that the original agreement between the Sheriff and Police Departments states that they share space in that building with some areas belonging to the Sheriff, some to the Police Department and some common areas.  Chief Myers commented that the City was not charged any rent for that space because we provide dispatch for the County.  Chief Myers explained that, in providing the dispatch service, they talk on the radio, but they do more than that now by providing and answering 911 phone lines, administrative lines, the Sheriff lines from when the secretary was not there, City and County fire lines and all other radio traffic.  Chief Myers added that dispatchers also do criminal checks on persons being booked into jail, sex offender registrations, etc.; therefore, their primary duties had well exceeded much earlier expectations and he felt that his department was coming up on the short end of the stick.  Chief Myers commented that they were responsible for painting and upgrades and questioned if he should charge for the services provided.

After some discussion, the City appointed Commissioner Kumberg to the LEC Committee by a motion from Commissioner Skaggs and a second from Commissioner Detwiler.  That motion and second passed unanimously.  Commissioners agreed that the committee would meet on October 28th at noon in the court room at the LEC.

GENERAL DISCUSSION ON CITY/COUNTY ISSUES:

·         Group purchasing:

Commissioner Kumberg questioned if the County had ever considered the idea of group purchasing that would not require bids.  Commissioner Kumberg explained that you would have a contract with certain vendors and purchase large quantities of something to save money.  Commissioner Skaggs stated that you would need a central purchasing officer, but you could save up to half the price.  (Commissioner Hlavachick arrived at 4:00 p.m.)  Commissioner Kumberg commented that you would look at local businesses first to see if they had any interest in it.  Commissioner Borho questioned if he had checked with anyone that had worked this way before or if the local vendor was the central point.  Commissioner Kumberg stated that he was not sure how it worked on the vendor side of it.  Commissioner Reynolds questioned where it would be stored.  Mayor Taylor stated that it would depend on where you got it from and you would have to buy in one large quantity.  Mayor Taylor explained that you could get very cheap paper from overseas, but you had to buy from twenty to forty skids and that would be difficult to find somewhere capable of storing that much.  Commissioner Detwiler commented that that was copy paper, but everyone uses paper towels and cleaning supplies.  Commissioner Kumberg commented that other Cities were doing this.  Commissioner Detwiler stated that the City’s fuel contract could be improved if they joined with the County.  Mr. Howard clarified that that was for vehicles, but not for the generators.  Commissioner Borho suggested that Commissioner Kumberg check into the process and what commodities it was being done with and report back to the Commissioners.

·         Road Graders:

Mr. Howard questioned the County Commissioners on whether they would be willing to sell the City a road grader that would normally be traded in on a new one.  Mr. Howard explained that the City needed to upgrade theirs for snow.  Commissioner Reynolds commented that they take good care of them.  Mr. Howard commented that he was not asking them to give it to us.  Commissioner Borho stated that they have around 20,000 hours on them.  Commissioner Reynolds commented that some had more than that, but they may have one ready next year.  Commissioner Skaggs questioned how many they had.  Commissioner Rinke stated that it was around sixteen to eighteen. 

Mr. Howard stated that you could not beat a road grader for snow removal and ours was a 1970’s model.  Mr. Howard added that we would not do away with that one, but it would be nice to have a newer model.  Commissioner Rinke questioned how many dirt roads there were in Pratt.  Mr. Howard stated that he was not sure how many miles we had.  Commissioner Skaggs stated that this would save us money not having to buy it from a vendor.  Commissioner Hlavachick commented that they probably have a good trade-in value.  Commissioner Reynolds stated that the Cats do and they take excellent care of their equipment.

·         Community Service Work:

Commissioner Reynolds informed the City Commission that Ms. Peggy Lee had resigned her position as Community Service Director and they were in the process of doing specs on the job qualifications.  Commissioner Reynolds questioned if the City would be willing to come together with a little bit of money to pay a salary since a number of people that get in trouble were City people.  Mr. Howard questioned if they were looking at a higher salary.  Mr. Schmisseur commented that County Attorney Van Blaricum had reported that there were offices using community services quite often and some had come through Municipal Court, but majorities were going through County Court.  Mr. Schmisseur added that Mr. Van Blaricum was using it as a resolution and a portion of the work load was City origin work. 

Commissioner Borho stated that Ms. Lee had said that she would do the work herself if a person did not show up and that was not how it was supposed to work.  Commissioner Borho commented that there needed to be more cooperation and get more places for them to work their hours.  Mr. Howard questioned who was responsible for that person that was working.  Mr. Schmisseur stated that the Community Service person does it to a certain level, because there were a substantial amount of hours of work that should be getting done.  Mr. Schmisseur added that it would depend on what they were doing and who the person was.  Mr. Schmisseur commented that that would have to be decided by the person in that position.  Mr. Schmisseur explained that there was no liability for workers compensation, but they could pick up trash along a County road, help with Lemon Park lights and there were a lot of things the City and County could do to work together.

Commissioner Detwiler commented that she understood Ms. Lee’s frustration.  Commissioner Detwiler stated that she had to take one worker home from the Humane Society after they had not been picked up.  Commissioner Hlavachick stated that it takes a lot of time to keep them busy.  Commissioner Reynolds commented that you could keep one busy at the landfill all week.  Commissioner Kumberg questioned if they get a choice of what they do.  Commissioner Borho stated that they should not have a choice, but a forty hours sentence was not always 8:00 to 5:00.  Commissioner Borho added that you were going to have to have someone that was flexible on when they could work.  Mr. Schmisseur stated that churches fall under the 501C matter, so a church group could take some to a person’s home to rake leaves.  Mr. Schmisseur commented that Ms. Lee stated that she used to have them pick up trash after games, but she would end up doing it herself because nobody would show up.  Mr. Howard questioned if there were ramifications for not showing up.  Mr. Schmisseur stated that they could have their probation revoked and they look at how long a person is held for certain crimes.  Mr. Schmisseur added that some would rather sit in jail than go to an AA meeting or go to prison rather than pick up trash at the landfill. 

Mr. Howard questioned what the point of all of it was.  Mr. Schmisseur stated that you could reach some people, but you could not save them all.  Commissioner Rinke commented that kids were proud of going to jail.  Commissioner Borho added that it was a status symbol to their peers.  Mayor Taylor commented that we would visit with Mr. Van Blaricum about what was City and what was County usage.  Commissioner Borho stated that there were 6,000 hours to be served according to Ms. Kathy Harvey and Mr. Van Blaricum.  Mr. Howard stated that we could find a list of things to do, but he would talk to the department heads and see what they had.

ADJOURN:

Commissioner Skaggs made a motion to adjourn.  The motion was seconded by Commissioner Kumberg and passed unanimously.
 
______________________________________
JEFF A. TAYLOR, Mayor

 (SEAL)
 
ATTEST:
______________________________________
LUANN KRAMER, City Clerk





MONDAY
October 07, 2013
 
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
                                                            Karen Detwiler             Commissioner
                                                            Lucus Kumberg            Commissioner

 

                        ALSO PRESENT:      Dave Howard               City Manager
                                                            LuAnn Kramer             City Clerk
                                                            Ken Van Blaricum       City Attorney
                                                            Diana Garten                Finance Director
                                                            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.

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

INVOCATION AND PLEDGE OF ALLEGIANCE:

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

A motion was made by Commissioner Skaggs to approve the minutes of the September 16, 2013 regular meeting minutes.  The motion was seconded by Commissioner Hlavachick and carried unanimously.

BUSINESS:

INTRODUCTION TO HOPE CENTER OF PRATT AND CONSIDERATION FOR SPECIAL CONSIDERATION CONCERNING UTILITIES:

Rev. Scott Powell stated that he was at this meeting to give the Commission a brief overview of the Hope Center.  Rev. Powell commented that the Hope Center came about due to the numerous calls from the community to the Ministerial Alliance for various needs and they felt that we needed to discuss how best to serve them.  Rev. Powell explained that they had over seventy resources, but it was somewhat dysfunctional.  Rev. Powell added that there was a need for a central hub to pull all these resources and help people in a bigger picture.

Rev. Powell stated that the Director of the Hope Center and the facility would be responsible for knowing the community and the need people were expressing, but understand what other help they may need.  Rev. Powell commented that the Hope Center was not the primary and they have others that have expertise in other areas and we want to get them in contact with them.  Rev. Powell stated that the Hope Center wants to step in when needed or be there to nurture.  Rev. Powell explained that there were three tiers that they would be working with and the first tier would be a relief tier, the second would be short term needs and the third tier was for long term needs.  Rev. Powell added that their deep desire was to get the community back to being a self-sufficient society.  Rev. Powell stated that their goal was to give them a hand up and to get where they need to be and not to play on the system over and over.

Rev. Powell informed the Commission that they would be occupying the old Cox building and there were multiple resource groups moving in, such as the Agape Clinic, Pass It Forward, a clothing group and others.  Rev. Powell commented that the office was a central hub and was easily assessable and will present a place where all the resource groups could shoulder the responsibility of the building and create a safe environment.  Rev. Powell added that they had had a great number of volunteers stepping forward.  Rev. Powell stated that they wanted to create a real source of help and get people in a position to move forward.  Rev. Powell commented that they were seeing such needs as help with rent or needing coats, shoes and food.

Rev. Powell stated that their help request proposal was to partner with the City, which means that they would like the City’s input about what was really going on at times.  Rev. Powell explained that the Ministerial Alliance had had a policy that they would help out with $75 on utility bills, but they would never ask the question on how many months they were at that status.  Rev. Powell stated that it was like throwing money down a black hole and quick fixes do not achieve a whole lot. 

Rev. Powell commented that he would like to request help from the City with utilities at 314 South Main so that the Hope Center could reserve more funds for what they were doing.  Rev. Powell stated that there were ten churches that had committed with funds, but others were feeling the stretch and any help would be appreciated.  Mr. Howard questioned if they knew how many needy families there were in Pratt.  Rev. Powell stated that the Methodist Church gets most of the calls.  Rev. Sheryl White, Methodist Church Director of Lay Ministries, stated that they had weeks where only a few people come in, but they have had as many as nine in one day.  Ms. Diane Harris, Pratt Food Bank, commented that they had given out ninety-six boxes in September, which was an increase from last year at this time.  Ms. Harris explained that you could receive five boxes a year and they were seeing some come in for the first time.  Mr. Jack Ewing added that he appreciates the Hope Center being more than the band aid approach and working towards a permanent fix for quality of life.  Rev. Powell stated that Ms. Jeanette Siemens was working on a mentoring program called Circles and there was a lot of interest in going beyond a handout. 

Mayor Taylor questioned if there would be financial planning for some of these people.  Rev. Powell commented that that was the three tiers and was not only life skills, but some financial and health.  Rev. Powell added that, whether it was Circles or whatever, they were looking at all avenues to get people in a healthier place in life.  Rev. White added that Circles was an eighteen month program with a financial counselor, so it was not just a little program.  Rev. Powell stated that there were some who do not want to go through a process like that and we were not there to help people who do not want help.  Rev. Powell commented that they were going to be clear on their vision and let people know what the Hope Center was going to do. 

Commissioner Skaggs questioned what their hours of operation would be.  Rev. Powell stated that he would like to see it open eight hours a day, including Saturday, but that would depend on funds.  Rev. Powell commented that they were eighty percent ready to open.  Commissioner Skaggs asked how many of the resources would be in this building.  Rev. Powell commented that there would be around seven to ten by the end of the year.  Rev. Powell added that they do not have to move into the building to be a partner.  Commissioner Detwiler questioned if there would be information available on any of those groups.  Rev. Powell stated that the director would make the phone calls to get them connected.  Mayor Taylor commented that he liked the statement that they want to help those who want to help themselves.  Rev. Powell commented that they were on the agenda tonight to make their presence known and to let people know that the resources would be in one place and that was the Hope Center. 

Mr. Howard asked Rev. Powell to define ‘special consideration for utilities’.  Rev. Powell stated that they were asking for everything and would take all the help they could get.  Mayor Taylor stated that he would like to see the City help with the utilities for the first year and $500 maximum a month would help.  After little more discussion, Commissioner Detwiler made a motion to support the Hope Center with $550 a month for utility allowances.  Commissioner Hlavachick seconded the motion.  Mr. Howard suggested that they consider a $550 a month donation and not tie it to the utilities.  Mr. Howard added that it would be taken out of the general fund and they could use it for utilities.  The motion and second were amended to be a $550 donation per month and passed unanimously.  Mayor Taylor commented that this would start on December 1st and go for thirteen months.

CONSIDERATION AND APPROVAL FOR PLACEMENT OF FENCING TO BLOCK ALLEY FOR WEDNESDAY YOUTH ACTIVITIES AT THE FIRST UNITED METHODIST CHURCH:

First United Methodist Church Rev. Sheryl White requested permission to block off the alley between the church and the parking lot on Wednesdays due to youth going back and forth for recreation purposes.  Rev. White commented that they did not want permanent fencing, but something that they could put up and take down during the school season.  Rev. White added that they do have parents watching, but they have around one hundred children in both play areas on Wednesdays.  Mr. Howard commented that they do own most of the property and it could become a problem with the first block of North Main closed.  Commissioner Hlavachick questioned if they had visited with the residents on the northeast corner.  Rev. White explained that it would only be from the highway to the end of the play area.

Commissioner Skaggs questioned if the City had something to loan them.  Public Works Director Rambat stated that we should have some tall orange cones with lights on top which were very visible and easy to move.  Mr. Howard commented that traffic was going to be heavier than it was and they needed to be sure to allow the other resident access to his garage.  Commissioner Hlavachick made a motion to approve the placement of fencing or some other sort of visual block on the alley behind the First United Methodist Church on Wednesdays from 4:00 pm to 8:00 pm during the school year.  The motion was seconded by Commissioner Detwiler and carried unanimously.

PROCLAMATION FOR DIAMOND ANNIVERSARY OF THE PRATT COMMUNITY CONCERT ASSOCIATION:

Mayor Taylor read the proclamation recognizing the diamond anniversary of the Pratt Community Concert Association.  Mayor Taylor and members of the association had their picture taken and he stated that they provided quality entertainment to our community.

CONSIDERATION AND APPROVAL OF BID FOR A TRAILER MOUNTED AIR COMPRESSOR FOR THE WATER DEPARTMENT:

Water Superintendent Kelvin Clay informed the Commission that he had requested bids for a replacement of their 1996 air compressor.  Mr. Clay explained that their current air compressor still runs, but the replacement parts were hard to find and they do not make that model anymore.  Mr. Clay commented that they had sent out three bids and received three bids back.  Mr. Clay stated that D & D Equipment Sales had sent in a bid of $16,534.36 for a Sullivan unit; Foley Equipment Company bid a Sullair unit for $16,999 and Victor L. Phillips bid an Atlas Copco unit for $19,013.75. 

Mr. Clay stated that he had budgeted for this item for three years and saved $17,000 that was available this year.  Mr. Clay added that they would be keeping the old unit because there were times when they needed more than one compressor.  Mr. Clay recommended the Commission’s approval for the purchase of the air compressor from D & D Equipment Sales in the amount of $16,534.16.  Commissioner Kumberg made a motion to purchase the Sullivan unit from D & D Equipment Sales for $16,534.16 with the available budgeted funds.  The motion was seconded by Commissioner Skaggs and carried unanimously.

DISCUSSION ON ROTARY PROJECT:

Mr. Tom Jones informed the Commission that the Rotary Club had been looking for a project in Pratt and were going to fund part of it.  Mr. Jones commented that some of the walkway was deteriorating in Lemon’s Park and they could donate some money to help fund the repairs.  Mr. Jones stated that he had talked to Mr. Howard, Mr. Rambat, Park Superintendent Eckhoff and Recreation Director Pinkall about this project and people who were trying to make their health better by walking.

Commissioner Detwiler stated that she hoped they would replace those sections and do it 6” deep.  Mr. Howard commented that they had discussed drive areas to prevent some of the deterioration.  Commissioner Skaggs questioned if there was wire mesh used in the original concrete.  Mr. Rambat stated that there was not.  Mayor Taylor questioned if this was a project that could be done by City staff.  Mr. Rambat replied that we could, but we would be better off going out for bids.  Mr. Rambat commented that the cost to replace the broken areas would be around $3,300 to $3,500.  Mr. Howard added that we could get a better price if someone was working on another big sidewalk job.  Mr. Jones stated that he would like to challenge other groups to donate also and their donation amount was $1,800.  The Commission thanked Mr. Jones for bringing this before them and thanked the Rotary for their involvement in the community.

CONSIDERATION AND APPROVAL OF BID ON LABOR FOR THE RR TIE REPLACEMENT PROJECT FOR THE PILOT CLUB EXPRESS:

Building Inspector Blankenship stated that he had gone out for bids on the labor to replace the railroad ties at the Pilot Express Train.  Mr. Blankenship stated that the old bid from Illinois had not included rock and we would be doing that, as well as leveling the area around the depot.  Mr. Blankenship commented that they would be pre-drilling, which was what the railroad does.  Mr. Blankenship explained that he would be bringing the decision on whether to use 4X4’s or 6X6’s.

Mr. Blankenship stated that the bid was for labor only because we wanted control on what would be done on materials.  Mr. Blankenship stated that they received two bids back and Arensdorf Construction bid $25,500 and FATB Construction bid $38,190.  Mr. Blankenship recommended the low bid from Arensdorf Construction in the amount of $25,500.  Mr. Blankenship added that Mr. Arensdorf had done a good job around the City.  Commissioner Hlavachick made a motion to approve the bid from Arensdorf Construction for $25,500 for labor only at the Pilot Club Express.  The motion was seconded by Commissioner Kumberg.  Commissioner Skaggs questioned if there was a time frame.  Mr. Blankenship stated that they should be done before April 1st and a lot of it should be done in a month.  The motion and second passed unanimously.

CONSIDERATION AND APPROVAL OF THE KDOT PROJECT SCHEDULE FOR THE MAIN STREET BEAUTIFICATION PROJECT:

Recreation Director Pinkall stated that he had more information on the time line for the Main Street Streetscape project and presented KDOT’s timeline to the Commission.  Mr. Pinkall commented that KDOT’s timeline had construction beginning in early 2015 and we had initially had construction starting in early 2014.  Mr. Pinkall stated that this would allow us to have more time to work with the merchants and give them another year without interference. 

CONSIDERATION AND APPROVAL OF THE ADDENDUM TO THE CONTRACT OF SALE WITH ELIEZER MANAGEMENT INC:

City Attorney Van Blaricum stated that the City had signed a contract with Eliezer Management for Lot 3 in the Sandy Creek Addition in July and the title work had been done.  Mr. Van Blaricum commented that Eliezer Management had requested another month for the closing even though the City had been ready.

Mr. Van Blaricum stated that he had prepared an addendum that changed the date from October 1st to November 1st and Eliezer Management had already approved it.  Commissioner Detwiler questioned if they had given a reason for the extension.  Mr. Van Blaricum stated that he had not heard why they needed it, but Mr. Rich Sanders was aggressive on the closing and they may have needed more time to get financing around.  Commissioner Detwiler made a motion to approve the addendum to the contract of sale with Eliezer Management.  The motion was seconded by Commissioner Hlavachick and carried unanimously.

CONSIDERATION AND APPROVAL OF FIRE SIREN TESTING SCHEDULE FOR CITY OWNED SIRENS:

Director of Electric Utilities Hemphill commented that he had put information in the packet concerning tornado data from the State of Kansas and Pratt County.  Mr. Hemphill stated that he understood the need for limiting the amount of times the sirens were set off; therefore, he had set up a schedule for every Monday from March to July and the first Monday of the month from September to October.  Mr. Hemphill added that the technicians had recommended that the sirens not be tested if the temperature was below 30°.  Mr. Howard commented that our sirens could be tested through dispatch.  Mr. Howard stated that we would test sirens regardless of what time of year it was if the three to five day weather forecast had storms coming towards Pratt. 

Commissioner Skaggs questioned whether we limit the sirens to just tornadoes.  Mr. Howard stated that we set them off for other events and they had been set off during the strong winds a month or so ago.    Commissioner Kumberg questioned if the new sirens could be used as a PA system.  Mr. Hemphill stated that these could produce several different tones, but was not a PA system.  Commissioner Skaggs questioned how many had been replaced.  Mr. Hemphill stated that we had replaced seven.  Commissioner Detwiler made a motion to adopt the seven City tornado testing schedule per Mr. Hemphill and Mr. Howard’s suggestion.  The motion was seconded by Commissioner Kumberg and carried unanimously.

CONSIDERATION AND APPROVAL OF RESOLUTION 100713 PROVIDING FOR A HEARING ON THE UNSAFE AND DANGEROUS STRUCTURE AT 412 S. MAIN:

City Attorney Van Blaricum commented that he had been trying to get the owner of 412 South Main to do something about that structure and had also allowed a local business person time to negotiate with the owner, but neither option worked.  Mr. Van Blaricum stated that it was time to move on and this resolution states that we declare this as an unsafe structure and schedules a public hearing on November 18th.  Mr. Van Blaricum explained that the Commission could give the owner time to repair or remove the structure and he recommended sixty days was reasonable or it could be shorter.  Mr. Van Blaricum added that the City could make the repairs or demolish it if the owner was not compliant.

After little more discussion, the following Resolution 100713 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 100713 providing for a hearing on the unsafe and dangerous structure at 412 South Main on November 18th, 2013.  The motion was seconded by Commissioner Kumberg and carried unanimously.  Mayor Taylor commented that there was not much to demolish, but questioned if there was anything left inside.  Mr. Blankenship stated that there was scrap metal, I beams and a vehicle.  Mr. Blankenship suggested looking into it to see if it would be legal to sell the scrap metal and take that amount off of what the owner owes us for the demolition.  Mr. Van Blaricum stated that he would look into that.

CONTINUED DISCUSSION ON A LOITERING BY MINORS ORDINANCE:

City Attorney Van Blaricum commented that this ordinance had been initiated by the police department and was a good idea; however, it was not a curfew ordinance but a loitering ordinance.  Mr. Van Blaricum stated that there had been young people out late running around and the officers did not have the power to stop them to ask what they were doing.  Mr. Van Blaricum explained that this ordinance would give them the power to stop anyone under the age of sixteen and ask what they are doing.  Mr. Van Blaricum stated that this was a starting point and applies between midnight to 6:00 am for anyone under sixteen and they could be fined or do jail time and their parents could be fined or threatened jail time. 

Mr. Van Blaricum stated that the purpose of the ordinance was not to play ‘gotcha’ with football players getting back or someone getting back from a school function, but to get hold of the ones out doing no good.  Commissioner Kumberg questioned what the definition of loitering was.  Mr. Van Blaricum clarified that loitering was being somewhere with no good purpose, just hanging out, idle wandering, strolling somewhere that you have no clear reason to be.

Commissioner Detwiler questioned if Chief Myers was happy with the age and time.  Chief Myers stated that Sgt. Kent Wyatt had been working hard on this and asked that he be the one to answer any questions.  Sgt. Wyatt commented that he agrees with an ordinance and this was somewhere between the original ordinance he had given Mr. Van Blaricum and what the department was looking at.  Sgt. Wyatt commented that they do see a number of middle school aged kids and up to age eighteen and he would like to see the ordinance go to age eighteen, but Mr. Van Blaricum talked about age sixteen.  Sgt. Wyatt clarified that eighteen year olds make decisions on their own and middle aged kids hang out with older people and are ready to cross over, so we will deal with them when they are older. 

Sgt. Wyatt stated that this ordinance would give the officers power to stop kids that have no reason to be out.  Sgt. Wyatt added that the original draft outlined how we go about doing that.  Sgt. Wyatt commented that he had stopped and chatted with some about why they were out and some stop for him and some do not.  Sgt. Wyatt informed the Commission that he had seen kids roaming around town at night at all ages, some as young as eight or nine, and a call to parents sometimes gets an okay for them to be out.  Sgt. Wyatt added that the parents do not always know their kids are out, but they cover for them.  Sgt. Wyatt stated that the crime rate drops dramatically when this type of ordinance is adopted and it is an excellent way to control things in a community.

 Mayor Taylor questioned if Sgt. Wyatt thought the age should be eighteen.  Sgt. Wyatt stated that he did, because that was where things start as an adult.  Mayor Taylor commented that he had no problem with under the age of eighteen.  Commissioner Hlavachick stated that he had visited with ten or twelve different mothers and they agree that loitering was better than a curfew and they had also thought that sixteen was a good number.  Commissioner Hlavachick added that they had not talked about eighteen, so that was not brought up and most thought we already had a curfew or something in place.  Commissioner Skaggs stated that this would give the police department the tool they needed and he was comfortable with the midnight to 6:00 am time frame.  Commissioner Detwiler questioned if the police department was comfortable with the hours.  Sgt. Wyatt stated that he would like to see 10:00 pm on week nights and 11:00 pm on weekends.  Commissioner Hlavachick commented that he liked the midnight time frame.

Commissioner Skaggs questioned how hard it would be to change an ordinance.  Mr. Van Blaricum stated that you could change it at any time.  Mr. Van Blaricum commented that we could give it six months to a year to see what the experience was and go from there.  Sgt. Wyatt questioned if this was being voted on tonight.  Mayor Taylor stated that this was just in the discussion stage for now.  Commissioner Kumberg commented that he agreed with moving the age up to eighteen and the other Commissioners agreed.

Mr. Van Blaricum stated that he would start out with midnight to 6:00 am and under eighteen, but this was only a starting point and could be modified later, if necessary.  Mr. Van Blaricum added that he would bring an ordinance back to the next meeting with those changes.  Mr. Howard commented that this ordinance would not stop the ones that this was for, because they would do it anyway.  Commissioner Kumberg questioned if parents could still be written a ticket for kids under eighteen.  Mr. Van Blaricum stated that jail time was intended to look scary to the parents and it was part of the shock factor. 

OPEN AGENDA:

·         Mr. Matei’s request for information:

Mr. Luca Matei stated that he had written for information and any local government reports should go to the people so that they know what they are doing.  Mr. Matei commented that the police and congress keep secrets and that tells everybody something is not right.  Mr. Matei added that they were chosen by the people and he had asked police for information and he wanted answers. 

Mr. Howard informed the Commission that Mr. Matei’s first request was on his own paper and we gave him the proper one.  Mr. Howard commented that some information was not public record, but we would release information that could be released.  Mr. Howard added that personnel and police matters were not public.

REPORTS:

City Manager:

·         Coder Engineering:

City Manager Howard commented that he had included emails from Coder Engineering in the packet that pertained to the turn lanes on Highway 54.  Mr. Howard stated that they were communicating with the Methodist Church, but the total design was not complete yet.  Mr. Howard added that everyone involved would meet with property owners when we knew more.

·         Traffic study at Wal-Mart:

Mr. Howard reminded the Commission that he had hired EBH Engineering to do a traffic study at Wal-Mart and they had the preliminary study done, but were tweaking it a little bit.  Mr. Howard stated that we would not need a traffic light if KDOT accepts what the study shows.  Commissioner Skaggs questioned if we had done a traffic study lately, because it seems it had increased.  Mr. Howard stated that it had on Highway 54 by 20% according to the last study, but the turn into North Fincham was low.  Commissioner Skaggs commented that a lot turn onto Highway 61 before they get to Fincham Street.  Commissioner Detwiler questioned putting in a left turn arrow off of Highway 54 to Highway 61.  Mayor Taylor commented that that had always been a problem.  Mr. Howard commented that they had talked about doing that, but he did not know where they were at on it.

·         Land South of Wal-Mart:

Mr. Howard commented that it had been budgeted to plat the land south of Wal-Mart and they were in the process of platting and zoning it now.  Mr. Howard stated that the Planning and Zoning Board would be reviewing it at their meeting on October 24th and the notifications had been sent out.

·         Downtown Park:

Mr. Howard stated that ground and gravel were too compact for Smiley Concrete to remove at the Downtown Park area, so Simpson Dirt Construction will take it out and then we would come in and do the utilities.  Commissioner Detwiler questioned what the cost was for what the City was doing.  Mr. Howard stated that he did not have those numbers with him, but they had done an estimate.

·         Highway 54 to Blaine construction:

Mr. Howard stated that, if the Commissioners heard any comments on the Highway 54 to Blaine Street construction, they had not done anything.  Mr. Howard explained that they had met with the contractor about not closing that block over the weekend unless they were going to get here early today and they did not.  Mr. Howard added that they had started removing bricks this afternoon.

City Attorney:

·         South Main property:

City Attorney Van Blaricum commented that the South Main property belonged to the City now and that Mr. Rick Barker had cleaned it up and the contract was complete.

Public Works:

·         State project approvals:

Public Works Director Rambat stated that the City had been approved for the 2016 Geometric project for the rest of North Main Street from Blaine Street to the railroad tracks.  Mr. Rambat commented that he had been contacted Friday that we were also approved for the 2015 KLINK project that was to do a mill and overlay from Jackson Street to Mound Street.  Mr. Rambat added that the State had been very generous on our highway projects.

·         Country Club Road RR crossing:

Mr. Rambat stated that he had a meeting tomorrow with the railroad and he would see if he could get the crossing improved on Country Club Road.

Inspection Dept.:

·         Elder Care:

City Inspector Blankenship stated that Elder Care had started at Sixth Street and Eastland Avenue last Thursday.  Mr. Blankenship explained that it would be a facility with 24 hour care and the tenants could come and go as they wanted.

·         West Wash:

Mr. Blankenship commented that The West Wash had started the pad for their future expansion that would include two automatic wash bays and a new mechanical area.  Mr. Blankenship stated that they would demo the south part when the new part was complete and put in new self-serve units.

Electric Dept.:

·         Operating Diesel Unit:

Director of Electric Utilities Hemphill informed the Commission that they had been operating the diesel unit for the past week due to Holcomb being shut down until Friday and Jeffries Energy being out until October 8th.  Mayor Taylor questioned if we were producing more than we need for capacity.  Mr. Hemphill commented that it was half of what we were using, but they were paying us.  Power Plant Superintendent Smith added that they had been running twelve to fifteen hours a day.

 City Manager:

·         Executive Session:

Mr. Howard requested an executive session to last ten minutes to discuss attorney/client privilege.

Mayor and Commission:

·         County’s request for funds:

Mayor Taylor stated that there had been a discussion with the County today about the City paying a portion of the court services and he questioned Mr. Van Blaricum about what percentage of the Municipal Court cases do community service and were from the City.  Mr. Van Blaricum stated that Municipal Court does not assign community service.  Mr. Van Blaricum commented that, if he had asked what percentage of the offenders were out of the City of Pratt, he would work on finding that out.  Mayor Taylor stated that we pay County taxes for that type of thing and, if that was what it was, he was not too concerned.  Mr. Van Blaricum stated that the probation department was Ms. Jami Walker, which was very much a part-time job, but they do not assign community service.  Mr. Howard asked if Mr. David Wiley was part of that.  Mr. Van Blaricum stated that he was.  Mr. Howard commented that we do pay him.  Mr. Van Blaricum stated that he had had a good discussion with the County and had suggested to them about helping with community service hours and they had declined.

·         Kettering case:

Commissioner Kumberg questioned where the Kettering case was on the violations that they had.  Mr. Van Blaricum stated that there were charges filed on a nuisance violation and an animal ordinance violation.  Mr. Van Blaricum explained that there were three counts of letting dogs run, which they had plead guilty and they were fined and had to pay court costs.  Mr. Van Blaricum added that that case was basically over.

Mr. Van Blaricum stated that they had appeared the same day on a nuisance and zoning complaint, so we had come at them from different angles.  Mr. Van Blaricum added that they had an attorney and a court date had been set to come back.  Mr. Van Blaricum commented that he would not stop until he was done.

·         Sandy Creek:

Commissioner Skaggs questioned where we were on the Sandy Creek project.  Mr. Howard commented that the project was done except for electric and gas.  Mr. Howard explained that they should have what a lot would cost at the next meeting since we would know all of the expenses.  Commissioner Skaggs asked if we had a sign up yet.  Mr. Howard stated that we were working on that.

·         Ethanol Plant:

Commissioner Skaggs questioned if the Ethanol Plant was producing.  Commissioner Kumberg stated that they were.  Commissioner Hlavachick commented that they were not at capacity yet.

·         Farmer’s Market:

Commissioner Hlavachick stated that he had visited with Ms. Carol Stull and she was concerned because they could not get enough volunteers to help remove the weeds.  Mr. Pinkall commented that that had already been taken care of and he had talked to her last week.  Mr. Howard added that we would bring the bricks over when they needed them.

EXECUTIVE SESSION:

Mayor Taylor made a motion to enter into executive session for attorney/client privilege to last ten minutes.  Commissioner Hlavachick seconded the motion and it carried unanimously.

Mayor Taylor and Commissioners returned in ten minutes and the Mayor made a motion to return from executive session.  The motion was properly seconded and passed unanimously.

 ADJOURN:

The meeting was properly adjourned. 

_______________________________________
JEFF A. TAYLOR, Mayor
 
(SEAL)

ATTEST:
_________________________________
LUANN KRAMER, City Clerk

 

 

 

 




 

 

Monday, October 21, 2013

10/21/13-City Commission Meeting Agenda


MONDAY
 October 21, 2013
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     October 07, 2013 Recessed City/County Commission Meeting
                                    October 07, 2013 Regular City Commission Meeting
                              
5.         BUSINESS:
                                                       

           5.1       Proclamation for ‘National Hospice/Palliative Care Month’ in November – Mayor Taylor

           5.2       Brief Overview of the Chamber’s Budget, Streams of Income and Shared Expenses – Jeremy Doggett 

           5.3       Discussion on LEC & Police Department – Commissioner Detwiler

          5.4       Consideration and Approval of Resolution 102113 Declaring 904 Garfield as Unsafe, Dangerous and Unfit – Ken Van Blaricum, City Attorney; Brad Blankenship, Building Inspector

          5.5       Consideration and Approval of Ordinance 1307 Annexing Land to the City of Pratt – Ken Van Blaricum, City Attorney; Dave Howard, City Manager

          5.6       Consideration and Approval of Bid for RR Track Ties for the Pilot Club Express – Brad Blankenship, Building Inspector

          5.7       Consideration and Approval of Bid for 20,000 Gallons of Red-Dyed Fuel Oil – Kelly Hemphill, Dir. Of Electric Utilities

          5.8       Review of CHUBB Inspection on Steam Unit #5 – Kelly Hemphill, Dir. of Electric Utilities
                                                    

          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

09/16/13-Approved City Commission Meeting Minutes


MONDAY
September 16, 2013

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
                                                           Karen Detwiler             Commissioner
                                                    

                        ALSO PRESENT:       
 
                                                            Dave Howard             City Manager
                                                            LuAnn Kramer           City Clerk
                                                            Ken Van Blaricum      City Attorney
                                                            Diana Garten               Finance Director
                                                            Gary Myers                 Police Chief
                                                            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 with the exception of Commissioner Kumberg.

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

INVOCATION AND PLEDGE OF ALLEGIANCE:
+Mayor Taylor led the staff and audience in the invocation and Pledge of Allegiance.
      

MINUTES:

A motion was made by Commissioner Detwiler to approve the minutes of the September 03, 2013 regular meeting minutes.  The motion was seconded by Commissioner Skaggs and carried unanimously.

BUSINESS:

CONSIDERATION AND APPROVAL OF 5K FUN RUN IN LEMON’S PARK THE EVENING OF OCTOBER 5, 2013 HOSTED BY EPSILON PI:

Ms. Leann Schneider asked permission from the Commission for Epsilon Pi Sorority to host a 5K Glow Run on October 5th in Lemon’s Park and through some streets.  Ms. Schneider stated that they have some volunteers and some sorority members that will help along the route and she explained the route that would end at Lemon’s Park.  Mayor Taylor questioned if this would be done when it was dark out.  Ms. Schneider commented that it would barely be dark and it was a Glow Run with shirts that glow and participants would also have other glow items on.  Ms. Schneider added that there would be glowing containers throughout to mark the trail. 

Commissioner Hlavachick made a motion to approve the request from Epsilon Pi for a 5k Glow Run in Lemon’s Park on October 5th in the evening.   Commissioner Detwiler seconded the motion.  Mayor Taylor questioned if they would need to have some streets blocked.  Ms. Schneider stated that they would and they planned on approximately sixty to seventy-five runners.  Commissioner Skaggs questioned if this was the first year for the event.  Ms. Schneider commented that it was, but they hope to continue.  The motion and second passed unanimously.

CONSIDERATION AND APPROVAL OF REQUEST TO WAIVE MUNICIPAL BUILDING FEES ON SEPTEMBER 24, 2013 FOR THE LOW VISION COMMUNITY RESOURCE EVENT:

Mr. Billy Thompson, Prairie Independent Living Resource Center Specialist, informed the Commission that Prairie Independent Living Resource Center would be hosting a low vision event that was designed as a community resource and this would be the first time they had attempted to host the event.  Mr. Thompson explained that they have no access to some resources since they work with the consumer base that they do and they were a not-for-profit organization.  Mr. Thompson added that there would be local and State representatives at the event.  Mr. Thompson questioned if the Commission would consider waiving the fee for the use of the Municipal Building on September 24th.  Commissioner Detwiler made a motion to allow the use of the Municipal Building at no charge on September 24, 2013 for the Prairie Independent Living Resource Center event.  Commissioner Hlavachick seconded the motion and it passed unanimously.

CONSIDERATION AND APPROVAL OF THE USE OF SIXTH STREET PARK FOR THE PHS CROSS COUNTRY MEET ON OCTOBER 3RD AT 4:30 PM:

Recreation Director Pinkall stated that he had received an email from Mr. Curtis Nightingale asking for the use of Sixth Street Park for the high school annual cross country meet on October 3rd.  Mr. Pinkall commented that the only change would be that the meet would last about thirty to forty-five minutes longer due to the school adding cross country in the middle school. 

Mr. Pinkall explained that they would block off Shaffer Drive from Pine Street to the parking lot.  Mr. Pinkall stated that the buses would park in the lot.  Commissioner Skaggs questioned if they cut across the railroad tracks.  Commissioner Detwiler stated that they do and she added that she had talked to someone one time about a different route, because the kids could slip on the tracks if their shoes were moist.  Mayor Taylor commented that there probably had been some that fell, but there were holes in other places on the route.  Commissioner Detwiler stated that this was private property and belonged to the railroad.  Commissioner Hlavachick questioned how long this had been going on.  Mayor Taylor stated that it was a long time.  Commissioner Detwiler stated that there was always a first time.  Commissioner Hlavachick commented that someone would have brought it up earlier if it was a problem.  City Manager Howard stated that we would only be giving them permission to run through our parks.  Commissioner Skaggs commented that we should inform them of this fact and they could elect to do what they want.  Commissioner Detwiler commented that the school should be advised that they cannot hear the trains coming and they do not blow their whistle.   Mr. Howard commented that he had not seen a train come that way in three years.  Commissioner Detwiler stated that there had been one last summer that had seventeen cars.  Mr. Pinkall stated that he would talk to them. 

Commissioner Skaggs made a motion to approve the use of Sixth Street Park for the cross country meet at 4:30 p.m. on October 3rd.  Commissioner Hlavachick seconded the motion and it passed unanimously.

DISCUSSION ON A CURFEW ORDINANCE:

City Attorney Van Blaricum stated that there had been some activity by juveniles who walk or ride their bikes on the streets at night and it had become a concern of the police department.  Mr. Van Blaricum commented that nothing good happens after midnight; therefore, the police department had asked about a curfew ordinance.  Mr. Van Blaricum stated that he had looked at several different ordinances and he had looked closely at the ordinance for Kansas City and the smaller communities around that area. 

Mr. Van Blaricum explained that a draft of an ordinance was in the packet for the Commission to review and it was very simple, but was a starting point.  Mr. Van Blaricum added that this was not in ordinance form because he did not want them to act on it tonight.  Mr. Van Blaricum stated that he felt that the public should know that this was being discussed since it involved minors under the age of seventeen that were not accompanied by a parent or guardian.  Mr. Van Blaricum commented that the police felt like the recent problems were with sixth, seventh and eighth graders and not juniors and seniors.  Mr. Van Blaricum explained that the second section states that it is unlawful for a parent or person having custody of the minor to permit them to violate the provisions of the ordinance.  Mr. Van Blaricum stated that there would be some parents that were not in favor of this. 

Mr. Van Blaricum stated that violation of the ordinance was a Third Class C Violation and could be a maximum jail sentence of thirty days in jail or a $500 fine.  Mr. Van Blaricum commented that, if you provide some minimum jail time, it gets people’s attention.  Mr. Van Blaricum explained that a minor charged for violation of this ordinance would be called into Municipal Court and, if jail time was involved, would have to have an attorney, which helps people understand that this is serious.  Commissioner Skaggs questioned if there was a chance that both the parent and minor could be in jail at the same time.  Mr. Van Blaricum stated that that was correct, but this was up to the Commission’s discretion. 

Police Chief Myers stated that there were always repeat offenders and an ordinance would give the police department enforcement.  Chief Myers commented that parents that care usually set personal curfews and it was those that do not care that they had been dealing with.  Chief Myers explained that, under certain circumstances, they would give a warning the first time and then a fine before the ‘third strike’.  Chief Myers commented that there would be a certain few that would be calling him, but he was in favor of some sort of community input so they could decide whether to have an ordinance.  Mayor Taylor stated that he felt that only the ones against it would show up at a meeting, but he was okay with allowing people to call the Commission. 

Commissioner Skaggs stated that kids sixteen and up could be driving up and down the streets and that would be a violation.  Mr. Van Blaricum commented that he does not see much trouble with sixteen year olds, but fourteen year olds walking late at night for no obvious reason could automatically be stopped by a police officer to see what they were doing if we had a curfew ordinance.  Mr. Van Blaricum added that the ordinance gives a real tool for officers to stop people to see what they are up to.

Commissioner Hlavachick stated that he would like to hear from the community.  Commissioner Detwiler commented that she would like to see them call the Commission and have a forum since not everyone gets the paper.  Mayor Taylor stated that he did not see the necessity to having a forum.  Commissioner Skaggs commented that he would like to see the age changed to sixteen and times from 1:00 a.m. to 5:00 a.m. instead of midnight to 6:00 a.m.  Chief Myers commented that sixteen year olds could drive legally, so they were out there, but fifteen year olds cannot.  Mr. Howard commented that he had talked to a few people and they mentioned that some sporting events were far away and it was after midnight when they get back in town.  Chief Myers stated that the officers would be aware of that.

Chief Myers stated that there were a lot of sixteen year olds that hang out with fourteen and fifteen year olds and the officers cannot pull them over to see how old they are.  Mr. Howard questioned if they fall under the adult provision of this ordinance.  Mr. Van Blaricum stated that seventeen was not considered an adult.  Commissioner Detwiler stated that, if there was a school event, this age group should be going home by the most direct route and not cruising.  Commissioner Skaggs suggested publishing this in the newspaper and tabling it until the next meeting.  Mayor Taylor commented that we would accommodate as many people as want to be in the discussion and something does need to be done.  Mayor Taylor added that the police officers were not going to go after young drivers after midnight.  Mr. Howard stated that most of the ones he had talked to thought that we already had a curfew.

Finance Director Garten commented that, with the ordinance stating sixteen years old and under and midnight to 6:00 a.m., the kids having early morning practices or getting home from events would already be in violation.  Ms. Garten stated that a majority of parents tell their child to obey the law, but this would be hard to enforce.  Mayor Taylor commented that a large number of cars leaving at the same time would suggest that there was some event just getting home.   Ms. Garten added that dances were from 10:00 p.m. to midnight and prom was an all night thing, so we would be putting a law into place, but then we would have to tell our kids to break that law.  Mr. Van Blaricum stated that he could put something in there about anyone with a justifiable reason.  After more discussion, this item was tabled until the next meeting.

CONSIDERATION AND APPROVAL OF KDWPT TRAIL GRANT APPLICATIONS:

Recreation Director Pinkall informed the Commission that we had been awarded two grants and they were in the process of working on the timeline.  Mr. Pinkall stated that the applications had to be officially approved to move forward with the bid process.  Mr. Pinkall commented that this was an 80/20 cost share grant and we pay the expenses and then are reimbursed the 80%.  Commissioner Hlavachick questioned if this was for phase one and two.  Mr. Pinkall stated that it was.  Commissioner Skaggs questioned if there would be concrete sidewalks.  Mr. Pinkall stated that that was correct and discussed the route and sidewalk widths. 

After little more discussion, Commissioner Hlavachick made a motion to approve the two trail grants for the trail system around the Sports Complex as depicted on the map for phase one and two.  The motion was seconded by Commissioner Detwiler and passed unanimously.

CONSIDERATION AND APPROVAL OF FUEL STORAGE TANK REMEDIATION CONTRACT:

City Manager Howard commented that he had talked to the Commission about the storage tank leak back on June 3rd and he had estimated the City’s cost to be about $4,500.  Mr. Howard explained that we had asked them to make up the mediation plans and the cost was now $7,000.  Mr. Howard stated that our application had been accepted and the agreement was basically saying that they were not liable for anything that happens there and we were responsible for monitoring the wells.  Mr. Howard added that they have the right to come on-sight anytime to investigate, which they have already done.

Mr. Howard reminded the Commission that we had lost about 261 gallons during the leak.  Commissioner Skaggs questioned if they were providing us with $7,000.  Mr. Howard stated that that was our part as long as we stay within their guidelines.  Mr. Howard commented that we had submitted it to insurance, but the local agent did not think that we were covered.  Mr. Howard added that there were a total of four tanks and all of them would be removed.  Mr. Howard stated that this was for the steam engine and, even though the fuel had tested good, we would not use it.  Mr. Howard added that the fuel had been in there for twenty years, but the steam plant was no longer piped to where it runs diesel.  Power Plant Superintendent Smith commented that it had been used as back-up fuel, but they did not know the flash point on it, so it was better to get rid of it.  Mr. Smith added that it could damage the engines. 

Commissioner Skaggs questioned if they had attempted to sell the red fuel.  Mr. Smith stated that that was the plan and we had sent out for bids.  Commissioner Skaggs asked how we would get rid of it if no one wants it.  Mr. Howard stated that someone would take it and that should cover the costs that we incur.  Mayor Taylor questioned if they would formulate a plan before getting a total cost, but $7,000 was the worst case for us.  Mr. Howard stated that that was correct and KDHE’s cost could be up to $1 million.  Mr. Howard added that they should have a plan formulated within a year. 

Commissioner Detwiler made a motion to approve the fuel storage contract as presented.  Commissioner Skaggs seconded the motion and it passed unanimously.

OPEN AGENDA:

·         Police action on damages:

Mr. Luca Matei again spoke on the damages done to his apartments and the lack of action by the police department.  Mr. Matei stated that he was convinced that his cases were put in the closet and he did not see the police take pictures or doing anything.  Mr. Matei commented that he could not rent the apartment due to the damages and he cannot have the person’s address that is responsible for the damages.  Mr. Matei stated that the Commissioners need to do something to allow people to recover losses.  City Attorney Van Blaricum stated that he understood his concerns, but the City could not furnish addresses and that would be an invasion of privacy.  Mr. Van Blaricum commented that he would have to obtain those addresses some other way.

Mr. Matei stated that it was a cover-up and he would be informed of trail day.  City Manager Howard commented that the police may have investigated the people.  Mr. Matei stated that they had not and he had given them the address and nothing had happened.    Commissioner Skaggs questioned Police Chief Myers about searching the accused address.  Chief Myers stated that there were rules of evidence and what the police could legally do.  Chief Myers explained that saying someone is a suspect does not always qualify them as a suspect and there had to be evidence of fact.  Chief Myers added that they cannot just go into a home even though they would love to get people they know were committing crimes.  Chief Myers suggested hiring a private investigator.  Mr. Matei stated that they know the person.

Mayor Taylor commented that he was sure Mr. Matei was not being singled out and that the police department had investigated as best they could, but they could not go to every house.  Mr. Matei stated that the stuff was in their truck when they moved out, so they should talk to that person.  Mayor Taylor suggested talking to the investigating officer.  Mr. Matei stated that he was not there and was told it was under investigation. 

REPORTS:

City Manager:

·         Traffic around SW School:

City Manager Howard commented that Chief Myers, City staff and he had discussed the traffic issues around Southwest School.  Mr. Howard stated that they had looked at changing some parking areas on Eighth Street, but there were a lot of people there in limited road space at the same time.  Mr. Howard stated that half of the students ride the bus, others ride bikes and some were brought and picked up by parents.  Mr. Howard added that he appreciates the school being concerned and we would try small measures first and see if they alleviate their concerns.

·         College Rodeo:

Mr. Howard stated that the college rodeo will be October 4th and it was a big event with around six hundred fifty to seven hundred contestants.  Mr. Howard added that it was probably the largest single event brought to town.

City Attorney:

·         Nuisance Violations:

City Attorney Van Blaricum commented that they were working on nuisance violations and there were two cases filed in the last week.  Mr. Van Blaricum stated that, in the past year, the City had exercised their potential with unsafe structures and they could abate those situations through the legal process.  Mr. Van Blaricum pointed out that there were motor vehicle nuisances, which include storing inoperable or unregistered vehicles on a street or in their yard.  Mr. Van Blaricum commented that those could go to City court and receive a fine, but cluttered yards with tires, trash vehicles or televisions could be taken to Municipal Court.  Mr. Van Blaricum stated that he was talking about multiple vehicles or terrible trash situations, in which the City does have powers of abatement and it does cost a little more.  Mr. Van Blaricum added that the owners are given a notice and, if not taken care of, the City can move in and send a bill to the property owner or put it on their taxes.  Mr. Van Blaricum stated that abatement was equally effective as an unsafe structure. 

·         Mowing problems:

Mr. Van Blaricum stated that mowing problems end up with the City taking care of it.  Mr. Van Blaricum commented that one remedy would be to have the County do a tax foreclosure.  Mr. Van Blaricum explained that he had been working with County Counselor Schmisseur and a third of the mowing clients were being worked on now and a third would be foreclosed on next year.  Commissioner Skaggs commented that they still have to be mowed.  Mr. Van Blaricum stated that, if the property owes us for past mowing and it was sold to somebody new, they have to take care of it and the proceeds of the sale would come back to us for mowing.  Mayor Taylor stated that we would be better off to contact the land owners to see if they would want to split it.  Mr. Howard commented that there was no end to the way we were doing it.  Mayor Taylor commented that, if we had to mow it, it might as well be our property. 

Building Inspector Blankenship commented that the property on High Street sold for $100 or $200 at auction and we did not get anything out of it, but the people built up this property and it was no longer a headache for the City.  Mr. Blankenship stated that he puts together complaints more than he does inspection and most were habitual properties that he was working on.  Commissioner Skaggs commented that the average person would not want them, so we still have to mow them.  Commissioner Skaggs added that, if this would work twenty-five percent of the time, then we should do it.  Mr. Van Blaricum stated that he would encourage the County to take action, if taxes were not paid, because it takes several months to do a foreclosure.  Mr. Howard stated that some of the properties were not empty lots, so we could tear down the structure at our cost if the County would give it to us or sell it to us for $1.  Mr. Howard added that that would stop the continuous fight to keep up with those property owners.  Mayor Taylor stated that he had seen a lot of structures going down in the last eight to ten years and he appreciated all the work that had been done.

·         South Main property:

Commissioner Skaggs questioned where we were on the South Main property by Woody’s.  Mr. Blankenship stated that we had given it until the end of September and after that we would pursue the abatement. 

Public Works:
 
      •       Hospital Project:

Public Works Director Rambat stated that the water department would be assisting the hospital contractors by isolating the mains.  Mayor Taylor questioned if anyone would be without water.  Mr. Rambat stated that they may have low pressure, but no one should be off.  Mr. Rambat explained that they wanted to get fittings in place and have it completed in one day.

·         South Main Park:

Mr. Rambat stated that the parks department would be finishing up the painting in the bathrooms at the South Main Park.  Mr. Rambat commented that it would be ready to be open about the same time we need to get it ready to close for the season.

·         Young Professionals Group:

Mr. Rambat stated that the Young Professionals Group had asked about a small one day project last year and they had ended up cleaning up trash at Highways 61 and 54.  Mr. Rambat commented that they had come to him again this year and they would be doing the same project this Saturday.  Mr. Rambat added that it was nice to have groups come along and help with that.  Mayor Taylor commented that they were also doing projects for the elderly, so we needed to let them know of anyone needing help.

Inspection Department:

·         Pilot Express:

Building Inspector Blankenship stated that bid notices had been sent out for labor on the Pilot Express railroad and they were going to local contractors with the City providing the materials.  Mr. Blankenship commented that the bids would be opened on October 1st. 

Mr. Blankenship stated that the labor should not be that hard to bid and we wanted to get started on that.  Commissioner Skaggs questioned if they sent out the notices on paper only or if they did some electronically.  Mr. Howard stated that we have our website, but the newspaper and our contractors list were the best way to put it out there.

Recreation Department:

·         Main Street Streetscape Design Plan:

Recreation Director Pinkall stated that they were in the beginning stages of the design process for the Streetscape project and letters would be going out about a meeting soon.  Mr. Pinkall commented that they would be getting the task force back together.  Commissioner Skaggs questioned if any of the other proposals would affect the Streetscape project.  Mr. Pinkall stated that they had talked a little bit about the Highway 281 and Highway 54 project. 

Electric Department:

·         Steam Plant started:

Power Plant Superintendent Smith stated that the steam plant had been started and put on line at noon.  Mr. Smith commented that they were at ninety percent on the performance capacity test and there had been an oil reclaimer come and get a sample of the oil.  Mayor Taylor commented that he hoped we got a good price.

Mayor and Commission:

·         Kansas Correctional Industries:

Commissioner Detwiler questioned where the City gets their street signs.  Mr. Rambat commented that they use a catalog and they were out of northeast Kansas.  Commissioner Detwiler stated that she had picked up a business card at the fair from Kansas Correctional Industries and asked if we had ever contacted them.  Mr. Rambat stated that he did not think we had gotten any material from them.  Mayor Taylor stated that that was free labor and our tax dollars were used there already and he was not in favor of using tax payer’s funds to do business with one in competition against private businesses.  Mayor Taylor added that that was just not right.

RECESS:

Commissioner Hlavachick made a motion to recess until Monday, October 7th at 3:00 p.m. for the City/County joint meeting.  The motion was seconded by Commissioner Skaggs and passed unanimously.
                                           

_______________________________________
JEFF A. TAYLOR, Mayor

 

(SEAL)

 ATTEST:

_________________________________
LUANN KRAMER, City Clerk

Thursday, October 3, 2013

10/07/13-Regular City Commission Meeting Agenda

MONDAY
October 07, 2013
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 – September 16, 2013 Regular City Commission

5. BUSINESS:

5.1 Introduction to Hope Center of Pratt and Consideration for Special Consideration Concerning Utilities – Rev. Scott Powell, Hope Center Board of Dir. President

5.2 Consideration and Approval for Placement of Fencing to Block Alley for Wednesday Youth Activities at the First United Methodist Church – Sheryl White, 1st UMC Dir. of Lay Ministries

5.3 Proclamation for Diamond Anniversary of the Pratt Community Concert Association – Mayor Taylor

5.4 Consideration and Approval of Bid for a Trailer Mounted Air Compressor for the Water Department – Kelvin Clay, Water Superintendent; Russell Rambat, Public Works Director

5.5 Discussion on Rotary Project – Tom Jones, Rotary Club Member (NO INFO)

5.6 Consideration and Approval of Bid on Labor for the RR Tie Replacement Project for the Pilot Club Express – Brad Blankenship, Building Inspector

5.7 Consideration and Approval of the KDOT Project Schedule for the Main Street Beautification Project – Bruce Pinkall, Recreation Director

5.8 Consideration and Approval of the Addendum to the Contract of Sale with Eliezer Management Inc. – Ken Van Blaricum, City Attorney; Dave Howard, City Manager

5.9 Consideration and Approval of Fire Siren Testing Schedule for City Owned Sirens – Kelly Hemphill, Dir. of Electric Utilities; Dave Howard, City Manager

5.10 Consideration and Approval of Resolution 100713 Providing for a Hearing on the Unsafe and Dangerous Structure at 412 S. Main – Ken Van Blaricum, City Attorney; Brad Blankenship, Building Inspector

5.11 Continued Discussion on a Loitering by Minors Ordinance – Ken Van Blaricum, City Attorney; Mayor, Commission and Staff

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

10/07/13-City/County Joint Meeting

MONDAY
October 07, 2013
PRATT CITY COMMISSION – JOINT CITY/COUNTY COMMISSION MEETING
COMMISSION ROOM – 3:00 p.m.

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

2. ROLL CALL

3. BUSINESS:
3.1 Discussion on Economic Development
3.2 LEC Discussion
3.3 General Discussion on City/County issues

4. ADJOURN