MONDAY
February
02, 2015
The
Governing Body of the City of Pratt met in Recessed session in the Commission
Room located in City Hall.
PRESENT:
Jeff Taylor Mayor
Bill
Hlavachick CommissionerGary Skaggs Commissioner
Lucus Kumberg Commissioner
Doug Meyer Commissioner
ALSO PRESENT:
Dave Howard City Manager
LuAnn
Kramer City ClerkKen Van Blaricum City Attorney
Brad Blankenship Building Inspector
Kenny Gates Zoning Commission Chairman
Fred Badders Zoning Commission Vice-Chairman
Eric Nystrom Zoning Commissioner
Tom Haltom Zoning Commissioner
Frank Laubhan Zoning Commissioner
Linda Hart Zoning Commissioner
Lola Shumway Records Secretary
Kenton Ladenburger Economic Dev. Board Member
Jack Galle Economic Dev. Board Member
Darrel Stroda Economic Dev. Board Member
Steve Mills Economic Dev. Board Member
Curtis Nightingale Economic Dev. Board Member
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.
BUSINESS:
DISCUSSION ON
LANDSCAPE ORDINANCE:
Mayor
Taylor commented that the City Commission had passed the landscape ordinance a
few months ago and since then there had been some concerns from the ED Board
that had come forward. Mayor Taylor
stated that one concern was that this ordinance would cause landscaping to be
too costly and could hurt development and the Commission did not want to do
that. Mayor Taylor explained that the
City of Pratt needed a landscaping ordinance, but it was not to put their thumb
on anyone or force them to do something.
Mayor Taylor commented that it had come to his attention that so many
feet of landscaping per parking stall added too much and the trees could
distract from the business. Mayor Taylor
explained that the Commission had passed this because the Planning and Zoning
Commission had spent a lot of time on it, but we were open to hear concerns so
that it could be refined.
City
Manager Howard commented that City staff had put together a list of concerns after
the ordinance had been passed and that the trees were the biggest
controversy. Mr. Howard explained that
EBH had a landscape architect look at the Home Lumber property and Knight’s
Construction had looked at it with a local landscaper. Mr. Howard added that Home Lumber president
John Humphries wanted a grand entrance; however, this ordinance would take away
from that along with cutting into his parking.
Mr. Howard added that it would also cost around $50,000.
Commissioner
Skaggs questioned where this format came from on the ordinance that was
passed. City Attorney Van Blaricum
stated that it was largely passed from something similar to Dodge City. Commissioner Skaggs commented that he thought
that it was ready for the City Commission’s stamp of approval since the
Planning & Zoning Commission had been working on it for a couple of
years. Building Inspector Blankenship
stated that it started with Arkansas City and had switched over to Dodge City
and that was where some of the wording got messed up. Commissioner Skaggs stated that he did not
understand how there was one that the Planning Commission was working on and
then there was the one the City Commission got.
Mr. Van Blaricum stated that they had looked for a more organized
ordinance and the Dodge City one was clear on what it did. Commissioner Skaggs commented that it should
work for us if it works for Dodge City. Mr.
Howard commented that he did not see that it was being used by Dodge City. P & Z Commissioner Nystrom commented that
he was not in agreement with the ordinance because of the trees.
ED
Board member Jack Galle stated that he had read the ordinance and it had some
major issues. Mr. Galle stated that we
needed to back-up a little and look at the overriding question of why we needed
the ordinance. Mr. Galle stated that
there were three sections that were pertinent to Pratt and he did not see
trying to fix a problem when there was no problem. Commissioner Skaggs commented that there had
been new construction that did landscaping in a helter skelter manner and some
did nothing. Mr. Nystrom stated that the
property on East First Street was KDOT’s property and, if this had been in
effect for Maurice’s and Hibbett’s, KDOT would not have allowed trees. Mr. Nystrom added that Dan Gillig’s place
would also have a different look.
Commissioner Skaggs stated that he agreed that too many trees was not a
good thing. Mr. Galle commented that
this should be a business decision and be beneficial to a business, but this
ordinance was good for the community and not the business. Mr. Galle added that it goes back to whether
we have a problem or not. Mr. Galle
stated that some businesses on First Street have tress and some do not. Commissioner Skaggs commented that it could
look better. Mr. Galle agreed, but he
asked if we were truly getting a benefit.
Commissioner
Skaggs questioned if we were going to modify or scrap this ordinance. Mr. Galle stated that we could not separate
the two, so if it was not good for the business then it was not good for the
community. Mr. Howard commented that
O’Reilly’s was the only business that never intended to do landscaping and we
had to say that that was okay because we did not have an ordinance in
place. Mr. Howard stated that Wal-Mart
did not want shrubs due to a potential trash issue, so they went for the
sprinkler system and grass. Mr. Van
Blaricum stated that he could work on a new ordinance leaving out the
trees. Mr. Howard stated that most
people plant trees anyway and it had never been an issue. Mr. Howard added that the ordinance could be
as simple as stating that they had to submit a site plan to Mr.
Blankenship. Mayor Taylor commented that
they should have it reviewed before construction begins. Commissioner Meyer stated that the key would
be to make sure it would be enforceable.
Commissioner Meyer commented that Mr. Blankenship may be more lenient
than the next guy, so a checklist would make it consistent when we were no
longer here. Commissioner Meyer added
that vague was good, but we needed to have a buffer between residential and
commercial and offer them guidelines, such as what types of trees do well in
this area. Mr. Howard agreed and added
that we needed to think about dealing with bigger businesses.
Mr.
Van Blaricum stated that he could do an ordinance along those lines, but
questioned if we really wanted to include residential property in the
ordinance. Mr. Nystrom commented that
you had to have erosion development because you cannot leave the ground
bare. Mr. Howard stated that people
fifty years from now would ask why we did things the way we did. ED Board Member Kenton Ladenburger commented
that it looks a lot better than it did in 1990 when he first came to town and
there was a toilet sitting on the porch of the house you saw coming into the town. Commissioner Skaggs stated that an additional
50’ setback would have been better as in the case of the Servateria. Mr. Ladenburger stated that Skaggs would have
lost parking in the back if we had had this ordinance. Mayor Taylor stated that this was not our
intent.
Mr.
Galle pointed out that the paragraphs that talk about setbacks could be in our
code somewhere else as could the site distance.
Mr. Galle stated that those were positives, but could be in with
something already. Mr. Galle commented
that we needed to acknowledge what position we put people in and be careful of
what we think and do. Commissioner
Hlavachick stated that we need an ordinance, but not this one and it should be
simpler. Commissioner Hlavachick
commented that they should direct Mr. Van Blaricum to draw up a draft and then
they could look at the concerns to see what we wanted. Mr. Howard stated that he wanted the Planning
Commission to still be involved.
Planning
& Zoning Commissioner Badders stated that, in defense of what the P & Z
had talked about for two years, they had finally decided that they could not do
anything more. Mr. Badders added that,
if it was not good enough, we could hire a landscape architect to come up with
a plan. Mr. Howard stated that they could
have the local landscaper come to a Planning & Zoning meeting to see what
insight he had. Mr. Howard added that
Park Superintendent Eckhoff would also be willing to help. Mr. Van Blaricum stated that this had passed
knowing that there would be building blocks.
Commissioner Skaggs suggested that half of them work on commercial and
the other half work on residential. Mr.
Howard stated that we want businesses to thrive and have visibility, but we
also want the City to look good. Mr.
Howard added that the ED Board could come to the Planning & Zoning meetings
also if this goes back to them. Mr.
Nystrom questioned if we had anything on erosion control. Mr. Blankenship stated that we did not, but
we enforce self-screening for new construction.
Mr.
Howard stated that 99.9% of businesses that come in have a site plan and it was
practical. Commissioner Skaggs commented
that he would not like to build a $300,000 structure and not know what the
neighbor was going to do. Commissioner
Skaggs suggested that, if the P & Z did not want this back, we hire Younie
Landscaping or someone to help. Mr.
Badders stated that they had looked at ordinances from other places and they
were not 100% agreeable, but he thought they had a compromise. Mr. Van Blaricum stated that he was not sure
that we needed to hire a professional to help with commercial property, but we
needed a checklist that would be generally agreeable. Mr. Van Blaricum added that we should work on
commercial first and then work on residential.
Commissioner
Kumberg stated that the intention of this ordinance was for commercial and this
was making it too difficult for residential.
Commissioner Kumberg added that it was easier to sell property if there
was landscaping in place, but we were making it too hard and made us look like
a homeowners association. Mr. Nystrom
commented that we want to make sure that the ground was covered. Mayor Taylor commented that not everyone wants
trees in their yard. Commissioner Meyer
stated that we should have guidelines if they were going to plant trees. Mr. Howard stated that the disagreement about
the downtown was 50/50 for trees because they block the store front, attract
birds and there were leaves to deal with.
Mr. Howard added that we would knock out a big part of the ordinance if
we could agree on what to do with trees.
ED
Board Member Nightingale questioned what would happen to the ordinance that was
in effect. Mr. Howard stated that it
would be repealed. Mr. Nightingale
commented that that might sway business’s minds about coming to Pratt. Mayor Taylor stated that he appreciated all
the work that was put into this ordinance by the Planning & Zoning
Commission. Mayor Taylor added that we
needed to make this ordinance simpler and easier for both commercial and
residential. Mr. Howard commented that
the P & Z Commission had been working on annexations, zone changes and
plats, so this was not the only focus for them.
Commissioner
Skaggs questioned what ordinance fencing and setbacks came under. Mr. Blankenship stated that there was a new
one for Sandy Creek on what you could and could not do. Commissioner Skaggs asked if we should have
separate ordinances. Mr. Howard stated
that he could mention that. Mr. Van
Blaricum stated that he would put together a couple of ordinances and could
have a draft for consideration for the first meeting in March. Mr. Howard mentioned that they could repeal
this ordinance in this meeting. Mr. Van
Blaricum agreed, but added that we could also consciously not enforce it. Mr. Howard stated that we would be violating
our own ordinance so he would rather it be repealed and taken off the
books. Mr. Stroda clarified that Home
Lumber did have a plan to do some landscaping.
Mr. Howard stated that they did have their own plan and there would be
trees all the way around the building.
With
no further discussion, Commissioner Skaggs made a motion to repeal Ordinance
1413 as passed by the City Commission on November 14, 2014. The motion was seconded by Commissioner
Hlavachick and carried unanimously.
GENERAL DISCUSSION:
·
Properties not in right zoning
area:
Mr.
Laubhan commented that the Davis/Kahmeyer situation brought to light that there
were properties sitting in areas that were not in the right zoning area. Mr. Laubhan questioned how they had gotten
zoned in a residential area and if the Elks could go out of business and sell
to a tavern or if they would be restricted to R-2. Mr. Laubhan stated that the Davis’ wanted to
sell their business to the Baker’s but keep the garage and do a lot split. Mr. Laubhan added that this brought up the
issue of what would happen if the Elks wanted to move or sell their
building. Mayor Taylor stated that they
would probably not be able to rebuild if it burned down. Mr. Blankenship clarified that, if commercial
property burned down in a residential area, they could not rebuild.
Mr.
Howard stated that it had probably been grandfathered in. Mr. Badders commented that someone had to
zone that R-2. Mayor Taylor questioned
if there had even been a zoning ordinance back then. Mr. Nystrom questioned what ‘grandfathered
in’ actually meant. Mr. Howard stated
that, when originally zoned, the use did not fit that zoning but they were
going to allow it, but if it were sold or burned down, it could not be put
back. Mr. Laubhan questioned if that
pertained to the property or the owner.
Mr. Howard stated that it would depend on what you put in it. Mr. Laubhan commented that that meant that
the Elks could not sell to another business and stay at R-2. Mr. Laubhan stated that it was irrelevant how
it got there, but the issue was how we control it. Mr. Laubhan added that that type of business
should be able to stay that way if it was there now. Commissioner Skaggs questioned if they could
serve alcohol if that was what they do now.
Mr. Laubhan stated that it should be able to be the same type of
business, such as leaving Kahmeyer’s as a professional office and not a liquor
store.
Mayor
Taylor commented that the lot split was what created the problem for the
Davis’. Mr. Nystrom commented that
Baker’s were curious about what they would have done if they sold. Mr. Howard stated that you could not do a lot
split for other variances. Mayor Taylor
commented that that might be something that we start to look at. Mr. Nystrom stated that it could be attached
to the deed with a definition. Mr.
Laubhan suggested notifying property owners that they were in a non-compliant
area so they would know before they see it attached to a deed.
Mr.
Laubhan stated that another issue would be the City limits. Mr. Laubhan commented that there were
properties in town that sit isolated in the County. Mr. Blankenship stated that we do not get
deeds when we do zoning and the only one he had seen was to the old Wal-Mart
nursery. Mr. Blankenship questioned who
would enforce the issues that would be on a deed. Mr. Nystrom commented that the title company
would know if there was an attachment.
Mr. Howard stated that we had been contacted by banks concerning
non-conforming zoning. Mr. Van Blaricum
commented that banks were aware of whether there were zoning restrictions and
the background was on file at the Court House.
Mr. Howard added that it was buyer beware if it was a cash transaction.
Mr.
Galle questioned if the City could change zoning subsequent to a purchase. Mr. Van Blaricum stated that we could, but it
would not be wise for the City to do that.
Mr. Howard commented that a lot of Cities force zoning, but the laws
were tougher these days. Mr. Van
Blaricum explained that the Elk’s was a private club and, if it burned down,
the owner could request that it be developed as residential. Mr. Howard clarified that you could not
rebuild it in R-2 Residential if it burned down. Mr. Van Blaricum commented that it could be
rezoned if sold as a residence with a garage.
·
Movie Theatre:
Mr.
Nightingale stated that there would be someone here to do a feasibility study
for a movie theatre on Thursday after 11:00 a.m. Mr. Nightingale explained that this was a
national company that runs movie theatres and one family does the design, one
does the building and the others manage it.
Mr. Nightingale commented that they were looking for possible locations
including the current location. Mr.
Nightingale added that a one screen theatre was not a feasible financial plan,
but three or more screens was. Mr.
Nightingale questioned if we could make that swing here. Mr. Nightingale stated that bigger chain
restaurants look at what your town has to offer and this would be a positive
for Pratt.
Mr.
Nightingale stated that there were two phases to this and that the first phase
was a tabletop and now we meet with these people on sight Thursday. Mayor Taylor questioned if this was
confidential. Mr. Nightingale stated
that it was not and we had already spent money on it. Mr. Nightingale explained that they had the
theatre in Great Bend and he was sure that they had used Pratt within their
draw and we would be infringing in that area if we go back.
Mr.
Nightingale commented that you get a finger on the pulse of the investors and
they come forward to see what we have to offer.
Mr. Nightingale added that restaurants had looked at the area where the
motels were and we had looked at putting a theatre in that area. Mr. Howard stated that we would help with
that since we own the land and we could also contribute to the project. Mr. Nightingale commented that he had talked
where other communities that had put in their theatres and this was pretty
generic to what other communities had done, but we could make it happen. Mr. Howard stated that most of the utilities
were already close to being there, so there would not be a cost since it was
already paid for.
Commissioner
Skaggs commented that the City owns the corner property northeast of the
Complex. Mr. Howard stated that the
Sandy Creek Addition was zoned residential now and the area west of the motel
was probably the least desirable for residential. Mr. Nightingale commented that the investors
wanted certain land in Great Bend and ended up spending twice as much as that
to get the theatre built. Mr.
Nightingale added that we could not use Great Bend’s numbers because they
started throwing money at the sight.
Mayor Taylor stated that this was exciting because that was a concern
for many in the community.
Mr.
Nightingale commented that there was a Facebook page to save the Barron Theatre
and that was where the conversation got started. Mr. Nightingale stated that a community owned
theatre was not the way to go, but we need to get creative financial options. Mr. Howard commented that we would be the bank
if it was a community owned bank. Mr.
Nightingale explained that their questionnaire asked about serving alcohol,
luxury seating and first run movies.
Commissioner Hlavachick asked about individual costs. Mr. Nightingale stated that the ticket
pricing would be set by the management group.
Mr. Nightingale commented that a sales tax incentive could be for that
location only and could go back towards the debt or whatever.
·
Forward thinking:
Mr.
Galle stated that we needed to think forward ten years down the road and
question if it was appropriate for the City to have ownership of
properties. Mr. Galle commented that he
understood the City’s position to have properties available, but there was a
risk of not knowing what was going to happen.
Mr. Howard stated that the movie theatre was a good example of that and
anything the City wants to buy usually drives the price up. Mr. Nightingale commented that Newton had
bought property, zoned it and ran utilities on the City’s dime and their
Industrial Park was still empty. Mr.
Badders added that Greensburg was the same way.
Mayor Taylor commented that the City had been fortunate with Prairie
Parkway and Sandy Creek. Mayor Taylor
added that property in Sandy Creek had been sold to the church and the hotel,
which had paid for the property. Mayor Taylor
stated that there were houses being built and we had infrastructure out there
also. Mr. Howard explained that the
church would be bringing in about six hundred workers for their new structure
and that would have an impact on the town through the summer. Mr. Howard stated that they were very
professional about the plans.
Commissioner
Skaggs stated that he had heard that Cunningham might be a possible site for a
truck stop. Mr. Howard commented that
there was a group that wanted to do one.
Commissioner Skaggs questioned if the local one had hit a snag or was
moving forward. Mr. Howard stated that
it was always in the works, but the property owner would not sell.
ADJOURN:
With
no more discussion, Commissioner Hlavachick made a motion to adjourn. The motion was seconded by Commissioner Meyer
and passed unanimously.
_____________________________JEFF A. TAYLOR, Mayor
ATTEST:
______________________________
LUANN KRAMER, City Clerk