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 5^th 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 5^th 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 24^th.  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 3^RD 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 3^rd.  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 3^rd.  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 3^rd 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 4^th 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 1^st. 

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 7^th 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

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

09/03/13-Approved City Commission Meeting Minutes

TUESDAY
September 03, 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 Kumberg to approve the minutes of the August 19, 2013 regular meeting minutes. The motion was seconded by Commissioner Skaggs and carried unanimously.

BUSINESS:

CONSIDERATION AND APPROVAL OF 2013 CEREAL MALT BEVERAGE FOR WOODY’S:

Police Chief Gary Myers commented that Mr. Jim Woody had filed an application for a Cereal Malt Beverage License and, according to the City code for issuing that license, he had met all the requirements. Chief Myers stated that he would recommend the approval of a 2013 Cereal Malt Beverage license to Woody’s Sports Bar and Grill. Commissioner Hlavachick made a motion to approve the request for the 2013 CMB license for Woody’s Sports Bar and Grill. The motion was seconded by Commissioner Detwiler and carried unanimously.

REQUEST FOR USE OF SIXTH STREET PARK:

Pratt Community College Athletic Director Kurt McAfee informed the Commission that they were aerating their soccer field and he apologized for not making a formal request for the use of Sixth Street Park. Mr. McAfee stated that they were past the point of needing it any further this year, but he had come to apologize and see if there could be something worked out for the future. Mayor Taylor stated that he did not have a problem with them using the park as long as it did not cause any conflicts and asked that he check with Recreation Director Pinkall before using it.

Mayor Taylor commented that he felt the Commissioners were all in agreement, but Commissioner Detwiler commented that the college gets $5.5 million from property tax and she felt that that was enough tax money to find a spot to fix up a soccer practice field. Mr. McAfee stated that $5.5 million was a lot of money, but it no where covers all the cost incurred for the day to day operations. Mr. McAfee pointed out that they open their facilities to the public for utilization anytime possible. Mr. McAfee stated that they had allowed the bikers to come and stay at the college because the Municipal Building’s air conditioning had gone out, their baseball fields are used and people come out to walk. Commissioner Detwiler stated that we were County residents and help support it also, but some out in the County do not contribute to the pool, tennis courts or ball diamonds that are maintained by City citizens. Commissioner Detwiler stated that she had visited with over a hundred people and they did not think that we should support the use of City facilities by the college. Commissioner Detwiler added that the income was tax dollars and not per student. Mayor Taylor stated that there were cooperative efforts with USD 382 and the college and maybe those people did not know that. Mayor Taylor added that you could play tennis on a court in Wichita and swim in any municipal pool and that was what a City does. Commissioner Detwiler questioned why they could not use the ball field that they maintain in Lemon’s Park. Mr. McAfee stated that they could, but the softball team was using it and the college had made and paid for improvements to that field. Mayor Taylor commented that there was fall baseball and softball, which causes conflict so we reach out to each other and try to help out.

Mr. McAfee commented that he should have coordinated this with Mr. Pinkall, but he would in the future. With little further discussion, no Commissioner objected to the college using Sixth Street Park, but encouraged staying in contact with Mr. Pinkall.

CONSIDERATION AND APPROVAL OF BID FOR AUDIT SERVICES:

Finance Director Garten stated that she had gone out for proposals for the next three years’ audit services and had received three proposals back. Ms. Garten explained that she had shown the amount bid last time and the current bid for each firm. Ms. Garten stated that the bids ranged from $16,000 to $25,000.

Ms. Garten commented that the low bid was from Adams, Brown, Beran and Ball out of Great Bend for $16,915 for 2013, $17,420 for 2014 and $17,940 for 2015; Cochran, Head Vick and Company out of Kansas City bid $18,420 and Swindoll, Janzen, Hawk and Lloyd out of McPherson bid $25,000 for 2013, $26,000 for 2014 and $27,000 for 2015. Ms. Garten recommended the low bid from Adams, Brown, Beran and Ball for $16,915 for 2013. Commissioner Detwiler made a motion to approve the low bid from Adams, Brown, Beran and Ball for 2013, 2014 and 2015 for audit services. The motion was seconded by Commissioner Skaggs and carried unanimously.

DISCUSSION ON PROGRESS ON TRACKS FOR THE PILOT EXPRESS TRAIN:

Pilot Club member Jeanette Gaider stated that she was curious as to what the City had found out or what they were going to do about the tracks for the Pilot Express. Building Inspector Blankenship stated that he had been calling around to mills and it was mentioned that pre-soaked base boards for ties were going out of production, so he had visited with Line Distribution Superintendent Huber about the ties they use. Mr. Blankenship stated that he had visited with one company that had bid on a couple of parks in Houston and he said that what we are sold in stores are a center core 4 X 4 or 4 X 6 with a .10 cc and that was not what we were looking for. Mr. Blankenship commented that we eventually found out that there was a mill in Mississippi that had 4 X 4 or 6 X 6’s and they could do any amount of cc’s that we wanted. Mr. Blankenship commented that they were looking to do the project so that we do not have to do it again in seven or eight years. Mr. Blankenship added that they have the best interest of the Pilot Club and the City in mind.

City Manager Howard commented that they were looking into the City doing the work ourselves, but it would have to be done in stages. Mr. Howard added that we were getting quotes for labor since it would be faster, but cost would be a factor. Commissioner Skaggs commented that he had heard that the railroad was going to convert over to concrete. Mr. Blankenship stated that it would depend on the cost whether they do wood, concrete or steel and where they were going, but most were still wooden with steel on top of them. Commissioner Detwiler questioned what size spikes they were going to use. Mr. Blankenship stated that they were 3” X 3/8”. Mr. Blankenship added that they suggested that they pre-drill them to keep them from splitting.

CONSIDERATION AND APPROVAL OF RESOLUTION 090313 PROVIDING FOR A HEARING ON THE UNSAFE AND DANGEROUS STRUCTURE AT 904 GARFIELD:

City Attorney Van Blaricum stated that this resolution was something that we had had to do before for a house that had become dangerous and unsafe. Mr. Van Blaricum explained that this was an unsafe structure notice and the owner could come and protest. Mr. Van Blaricum added that the Commission could give the owners more time to remedy the situation or have the City remove the structure.

Mr. Van Blaricum stated that we were in the first stages of that procedure in dealing with a trailer on the property at 904 Garfield. Mr. Van Blaricum commented that the front and back doors were missing and tress were growing up into the living room. Mr. Van Blaricum explained that he needs the Commission’s approval of the resolution to move forward. Mr. Blankenship commented that they try not to bring these to the Commission unless they are not repairable and rain had destroyed the trailer and it was not inhabitable. Mr. Blankenship added that they had written the lending company and owners, but one blames the other. Mr. Blankenship commented that this was an eye sore and the City had mowed it every year for years. Commissioner Kumberg questioned if the owner lived here. Mr. Van Blaricum stated that they could not find the owners.

The following Resolution 090313 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 090313 for removal of the unsafe structure at 904 Garfield. Commissioner Kumberg seconded the motion and it passed unanimously.

CONSIDERATION AND APPROVAL OF APPOINTMENTS TO THE RECREATION ADVISORY BOARD:

Recreation Director Pinkall stated that Mr. Joe Kramer and Mr. Matt Hecker’s terms on the Parks and Recreation Advisory Board were expiring and they were both willing to be appointed for an additional term. Mr. Pinkall added that the term of Mr. Zach Deeds was up and the board recommended Mr. Brian Arensdorf to replace him. Commissioner Hlavachick commented that Mr. Arensdorf would be a good addition. Commissioner Hlavachick made a motion to appoint Mr. Brian Arensdorf to the Park and Recreation Advisory Board and to also renew the terms of Mr. Joe Kramer and Mr. Matt Hecker. The motion was seconded by Commissioner Kumberg and carried unanimously. Mayor Taylor questioned if these were three year terms. Mr. Pinkall stated that he thought that they were.

DISCUSSION ON LEAGUE VOTING DELEGATES AT THE LEAGUE MEETING IN OCTOBER:

Mayor Taylor questioned if anyone was going to attend the League meeting this year. Finance Director Garten and City Manager Howard stated that they may be attending. Commissioner Hlavachick made a motion to appoint Ms. Garten and Mr. Howard as voting delegates at the League meeting in October. Commissioner Skaggs seconded the motion and it passed unanimously.

OPEN AGENDA:

•Mr. Matei’s comments:

Mr. Matei stated that he had asked for the Commission to do something and they said that they would, but he had heard nothing. Mr. Matei commented that there had been break-ins and vandalism in August and he knew who that person was. Mr. Matei explained that there were too many damages and it was not acceptable. Mr. Matei commented that the police work for us and they had filed false accusations against him. Mayor Taylor questioned if he had video tape or fingerprints to give to the police. Mr. Matei stated that he did not, but he knew who the person was and the police did not take fingerprints either. Mr. Matei stated that there were other persons that saw this person do damage beyond repair. Mr. Matei added that there were not too many cases where a person intentionally damages apartments, but you evict a person and they do damage. Mayor Taylor questioned if Mr. Matei collected a security deposit. Mr. Matei stated that he did, but it was a joke, because if they do not pay the rent, the deposit is used. Mayor Taylor suggested that he raise it.

Mayor Taylor asked Chief Myers for his comments. Chief Myers stated that he was not familiar with the case that Mr. Matei was referring to, but if they get any information about a crime, they follow-up on it. Chief Myers commented that the officers were doing a pretty good job due to the number of cases they have and Mr. Matei was the only one saying that the police were not doing their job. Chief Myers added that they were doing what they could, but he felt that Mr. Matei was confused about having to prove that the person moving out did the damage. Chief Myers added that there was a fine line between a criminal and civil case and damage done by intent was criminal. Mr. Matei stated that he had been here for years and there was not one action taken on people that do damage.

Mayor Taylor explained to Mr. Matei that his time was up and added that, the way the law reads, you have to have visible proof that the person took stuff or did damage. Mr. Matei continued stating that he had called the police and they would not give him a case number. Mayor Taylor again informed Mr. Matei that his time in the open agenda was up.

REPORTS:

City Manager:

•Motion needed?:

City Manager Howard questioned if the Commission did not want to make a motion concerning the use of Sixth Street Park by the college. After little discussion, Mayor Taylor stated that he felt that the majority of the Commission were in agreement that the college could use the park as long as they checked in with Mr. Pinkall.

•Sandy Creek update:

Mr. Howard commented that they should be pouring concrete tomorrow in the Sandy Creek Addition and the work on the road should be done by next week, weather permitting. Mr. Howard stated that he had approved a change order for the southern part of the road that they could not tighten up and had to do something else. Mr. Howard added that it was about $7,000 and worth it for what we had invested in the project and he did not want to delay the project.

•City/County meeting:

Mr. Howard stated that he had met with the County and the joint meeting was changed back to October 7th at 3:00 p.m.

•Letter from Coder Engineering:

Commissioner Skaggs questioned the letter from Coder Engineering concerning the project at First Street and Main Street. Mr. Howard explained that that was just a summary of their meeting with them. Mr. Howard stated that we were waiting on the preliminary design to be done before a meeting is set-up with the businesses. Mr. Howard added that this would be a difficult task to get it to work properly.

City Attorney:

•Curfew Ordinance:

City Attorney Van Blaricum stated that there had been several incidents recently involving juveniles out late at night and, in talking with the police department, he felt that the City may want to think about a curfew ordinance. Mr. Van Blaricum commented that there were several other Cities in Kansas that had a curfew and he would be bringing this to the Commission for discussion in the near future.

Public Works:

•Projects completed:

Public Works Director Rambat informed the Commission that the chip seal project and the mill and overlay projects were completed. Mr. Rambat added that the concrete company would be coming in and raising the manhole lids.

•Ditch by Stanion’s:

Mr. Rambat commented that the street department would be working on the ditch south of Stanion Wholesale Electric to clean it out.

Inspection Department:

•Unsafe structures:

Building Inspector Blankenship stated that they would probably be visiting the unsafe structure issue a couple more times this year. Mr. Blankenship explained that one was next to Woody’s, but they had had another person come in that was interested and it appeared that we were not going to get anywhere with the owner. Commissioner Skaggs commented that it was an unsafe structure and should be next on our list. Mayor Taylor commented that it was encouraging that someone was looking at it. Mr. Blankenship stated that it was locked up and they could not get into it and there was junk in the back.

Mr. Blankenship stated that there was another one or two that have to be cleaned up and they had been getting complaints. Mayor Taylor questioned if anything was going on with the old Meig’s office. Mr. Blankenship stated that the two gentlemen that own it were getting ready to work on it. Commissioner Detwiler questioned if anyone had reported the bricks above Woody’s. Mr. Blankenship stated that he was finding people to do it and he had heard a rumor that the City pays for that. Mr. Blankenship added that he had told him it was bad and he was going to work on it.

Electric Department:

•Hospital project:

Director of Electric Utilities Hemphill stated that the transformers for the hospital project were in and within our reach.

•Units tested:

Mr. Hemphill commented that the power plant had completed the testing on two units and were looking to test the third.

Recreation Department:

•Skyline baseball:

Recreation Director Pinkall stated that Skyline School had been talking about adding baseball, so he had contacted them for details and the possible use of our facilities. Mr. Pinkall commented that they would be deciding something at their next meeting and then they would come here. Mayor Taylor questioned if it was just baseball. Mr. Pinkall stated that they had mentioned both, but baseball was the priority, but they were preparing to do both.

Power Plant:

•Jeffries short of power:

Power Plant Superintendent Smith commented that they got called at 1:30 am Saturday morning to run from then to about 9:00 a.m. Mr. Smith added that we were running tonight because Jeffries Energy was short on power.

Police Department:

•Case activity:

Chief Myers stated that he had given the Commission a letter in regards to case activity in his department. Chief Myers commented that the police were working hard and staying busy due to the rise in crime. Chief Myers explained that two hundred twenty-six criminal cases had been filed with District Court for prosecution this year and one hundred ninety of those had been generated by the City. Chief Myers added that there were one hundred one adult criminal cases and sixty-four juvenile cases.

Chief Myers stated that, no matter who comes in, the officers take it seriously and work hard. Chief Myers commented that they were working on drug sales and distribution, but they cannot solve every crime and cannot satisfy everyone. Chief Myers explained that, just in this month, there was an increase of twenty-eight cases from last year and they ranged from one aggravated assault, two arsons, eighteen burglaries, six child in need of care, eight civil disturbances, four counterfeit, eight criminal damages, two death, three disorderly conduct, six domestic, six drug, thirty-six larcenies, four liquor violations, one case of manufacturing use of explosives, one robbery, three car thefts, three sexual offenses and six trespassing offenses and that was not all the cases because there were other unclassified cases that officers had taken reports on. Chief Myers added that people had no idea of what actually goes on, but it was documented through records management. Chief Myers stated that crime was at an all time high this year for August and comparing it to the last eleven years.

Commissioner Kumberg questioned what types of crime were the trend. Chief Myers stated that there had been an influx of juvenile offenders, larcenies and burglaries, which had to do with illegal drug activity. Chief Myers explained that you have an increase in burglaries and thefts, because they steal from each other. Chief Myers commented that domestic disturbances are due to being unemployed and struggling to make a living. Chief Myers explained that a domestic involves a relationship with a spouse or ex spouse and a civil case does not involve a relationship between the two. Chief Myers stated that the child in need of care cases were time consuming because you have to call mental health and, if they are a threat to themselves or others, you have to transport them to another facility. Commissioner Skaggs questioned how many of those were resolved. Chief Myers commented that they have a higher than average clearance rate. Chief Myers stated that we have a high majority of solved cases and we want clearance of the crime.

Chief Myers stated that all cases filed in Municipal Court are criminal cases and one hundred ninety of the two hundred twenty-six cases this year were felonies. City Manager Howard questioned how many of those were repeat offenders. Chief Myers commented that he did not know the numbers. City Attorney Van Blaricum stated that he could not give a percentage, but there were disturbing trends and there are significant felonies that get on court documents, but they come back with another case. Mr. Van Blaricum commented that they keep on going, so he was not sure how the police keep up with them, but they stay on top of their cases.

Finance Department:

•Sales Tax:

Finance Director Garten stated that sales tax revenue increased over last year by $120,737.45.


Mayor and Commission:

•Streetscape:

Commissioner Hlavachick questioned the timeline for the design of the streetscape project. Mr. Pinkall stated that they were finishing the survey work and then the committee would be getting involved. Commissioner Hlavachick stated that Mr. DeWayne Bryan had visited with him about bike racks. Mr. Pinkall commented that he had been given a couple of designs and there was one on Fourth Street and one at the Teen Center. Commissioner Hlavachick commented that Mr. Bryan had the money for bike racks. Mr. Pinkall stated that he had told Mr. Bryan that he could be part of the committee’s discussions. Commissioner Hlavachick stated that he would like to see us look at more than two. Mr. Pinkall stated that they had invited them to participate. Mr. Howard stated that there was a meeting with EBH and the Leadership group to set a date of when Smiley Concrete would start to get the park going and the bike racks could be in that.

Commissioner Skaggs questioned what the committee’s thoughts were on the Farmer’s Market and being on North Main Street. Mr. Howard commented that the discussion was about development of the park, so that was not the focus of the discussion, but the intent was to move forward on how it has been designed. Commissioner Hlavachick stated that he had visited with Ms. Carol Stull and she thought that Smiley Concrete might be able to do some dirt work this week.

•Weeds at basketball court by tennis courts:

Commissioner Detwiler commented that she had emailed pictures to the City Manager of weeds growing up through the fabric at the basketball court on the tennis court property. Mr. Pinkall stated that he had met with Mr. Zach Deeds to address the moving of the court tiles two or three times and adjusted them twice. Mr. Pinkall commented that there was no definite solution to keep them from moving. Mr. Pinkall explained that they had sprayed the weeds numerous times, but he would go by again. Commissioner Detwiler questioned if there were some pieces missing. Mr. Pinkall stated that there had been some and they had messed with about thirty pieces. Mr. Pinkall added that they would use a better seal on the cracks to see if that helps.

ADJOURN:

A motion by Commissioner Hlavachick to adjourn was seconded by Commissioner Skaggs. The motion and second passed unanimously.


_______________________________________
JEFF A. TAYLOR, Mayor
(SEAL)

ATTEST:

________________________________
LUANN KRAMER, City Clerk