Thursday, April 13, 2017

04/17/2017-City Commission Meeting Agenda


MONDAY
APRIL 17, 2017
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         April 03, 2017 Regular Commission Meeting
                                      April 05, 2017 Recessed Commission Meeting 
5.      BUSINESS:

5.1             Consideration and Approval of Re-Appointment of Dr. Ian Kovach and Appointment to Replace Mr. Jeff Shumway on the Airport Authority Board – Mayor and Commission 

5.2            Discussion on Sunday Alcohol Sales – Danny Quint, Quint Liquor; Mayor, Commission and Staff 

5.3             Consideration and Approval of Ord. 1704 – Gary Myers, Police Chief; Regina Goff, City Attorney 

5.4             Discussion on American Legion Repairs (Lease Agreement in Packet for 2017) – Brad Blankenship, Building Inspector 

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.   RECESS – Monday, May 1st at 11:00 a.m. for City/County Joint Meeting at City Hall.

Monday, April 3, 2017

03/20/2017-Approved City Commission Meeting Minutes


MONDAY

MARCH 20, 2017

The Governing Body of the City of Pratt met in Regular session in the Commission Room located in City Hall.
 
PRESENT:                  
 
Lucus Kumberg            Mayor
Doug Meyer                 Commissioner
Bill Hlavachick             Commissioner
Gary Schmidt               Commissioner
Don Peters                    Commissioner
     
ALSO PRESENT:  
     
Roy Eckert                   City Manager
LuAnn Kramer             City Clerk
Regina Goff                  Acting City Attorney
Diana Garten                Finance Director
Gary Myers                   Chief of Police
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 Kumberg.  The Mayor instructed the City 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: 

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

MINUTES: 

Commissioner Meyer made a motion to approve the minutes of the March 06, 2017 recessed City/County Joint meeting and the minutes of the March 06, 2017 regular Commission meeting.  The motion was seconded by Commissioner Hlavachick.  Mayor Kumberg pointed out that the minutes of the regular Commission meeting needed to be amended due to the vote that occurred after the executive session at the end of the meeting.  Mayor Kumberg explained that there was a unanimous vote not to sell the property north of Sandy Creek.  Commissioner Meyer amended his motion as explained and Commissioner Hlavachick seconded the amendment.  The motion and second carried unanimously.  

BUSINESS: 

DISCUSSION ON LITTLE FREE LIBRARIES: 

Library Director Rochelle Westerhaus informed the Commission that she wanted to let the Commission know about a project for their summer ready program called ‘Build a Better World’.  Ms. Westerhaus stated that they had several projects in line; however, this one needed the approval of the Commission.  Ms. Westerhaus then introduced Ms. Derese McAbee who was the new YA librarian.  Ms. McAbee explained that the Little Free Libraries was a non-profit that inspires love of reading, builds community and sparks creativity with book exchanges.  Ms. McAbee commented that there were 50,000 registered Little Free Libraries in all fifty states and seventy countries.  Ms. McAbee stated that there were book exchanges for all ages.  

Ms. McAbee commented that they would like to place four of the libraries in the community and they would be at Graves Park, Merchants Park, Sixth Street Park by the train and Hampton-Pennock Park.  Ms. McAbee stated that they had the money and four local businesses to help build them.  Ms. McAbee added that J A Knights, Thimesch Electric, Westhoff Plumbing and Home Lumber were the businesses that would make sure they were built right.  Ms. McAbee stated that this was a great opportunity for the community.  Commissioner Hlavachick questioned if this was just a summer program.  Ms. Westerhaus stated that they would be built this summer, but would be there all year around.  Ms. Westerhaus commented that you could take a book and put one in or bring that one back. 

Commissioner Meyer asked about the location at Merchants Park.  Public Works Director Rambat stated that he would have Park Superintendent Eckhoff get in touch with them about where they would be best located in the parks so that they would not get in the way of mowing.  Commissioner Peters asked if children were able to check out the books.  Ms. Westerhaus stated that it was free flowing and they could return the one they take or bring one from their home library.  Acting City Attorney Goff asked who would own the structure since it would be on City property.  Ms. Westerhaus stated that she was not sure.  Ms. Goff stated that she could work on a contract of some sort, if that was okay.  Ms. Westerhaus stated that that would be fine. 

Commissioner Hlavachick made a motion to approve the request from the library to place Little Free Library structures in four of the City parks and to work with Mr. Eckhoff on the locations and with the City Attorney on a contract.  The motion was seconded by Commissioner Peters and carried unanimously.

DISCUSSION ON SIDEWALK GRANT: 

Pratt Health Foundation Executive Director DeWayne Bryan reminded the Commission that he had received a recreation trail grant several years ago and he was bringing the final addition before the Commission this evening.  Mr. Bryan commented that he had given the Commission the Healthy Pratt Map that he was very proud of and, having made several edits, these would be printed in the next couple of weeks.   

Mr. Bryan stated that the Federal government had some guidelines that we could not meet in the second grant which would have extended the sidewalk on Maple Street to the highway; therefore, the Parks and Recreation Advisory Board shifted their focus on several different areas.  Mr. Bryan stated that the Pratt Health Coalition and the grant were most fond of the Sixth Street area.  Mr. Bryan added that they were continuing their negotiations to getting that change made.  Recreation Director Pinkall stated that Park Superintendent Eckhoff had also been at the meeting with the board and had a lot of good information.  Mr. Pinkall explained that the Sixth Street area would connect the walking trail to Grave Park through Sixth Street to Lemon Park and connect to Main Street.   

Mr. Bryan commented that the grant was about $35,000 and matching funds would be about $10,000 to $15,000.  Mr. Pinkall stated that a lot of that would be in-kind with City employees assisting in the labor.  Public Works Director Pinkall added that he would also be in on the design and get involved with bid letting and his department would haul off soil depending on how busy they were.  Mr. Rambat clarified that we would not be in on the construction.  Commissioner Meyer asked what fund this would come out of.  Finance Director Garten stated that it would be special parks or streets.   

With little more discussion, Commissioner Hlavachick made a motion to have the staff work with Mr. Bryan and Mr. Eckhoff on the sidewalk grant that was presented.  The motion was seconded by Commissioner Schmidt.  Commissioner Meyer questioned when this would all happen.  Mr. Bryan stated that he would get with KDWPT and then get back with Mr. Rambat.  Commissioner Schmidt asked how wide the sidewalks would be.  Mr. Rambat stated that they would be five foot.  With no more questions, the motion and second passed unanimously.

CONSIDERATION AND APPROVAL OF ORDINANCE 1702 AMENDING ORDINANCE 2011:

Acting City Attorney Goff stated that this ordinance was brought to her so that citizens would be able to find fees through the Register of Deeds or City Hall and this ordinance would not have to be amended as often when there were changes in the cost of those fees.  Commissioner Meyer asked what the change to the ordinance was.  Ms. Goff explained that the fees would no longer be listed and it also lets the citizens know where they would be able to find them. 

With no more discussion, the following Ordinance 1702 was then presented to the Commission for their approval:  AN ORDINANCE AMENDING ORDINANCE NO. 2011 OF THE CODE OF THE CITY OF PRATT, PROVIDING FOR FEES FOR THE PURPOSE OF DEFRAYING THE COST OF ADMINISTRATIVE AND ENFORCEMENT OF THE ZONING CODE OF THE CITY OF PRATT AND REPEALING ORDINANCE NO. 2011 AND ALL OTHER ORDINANCES IN CONFLICT WITH SUCH AMENDMENT.  Commissioner Peters made a motion to approve Ordinance 1702 that amends Ordinance 2011.  The motion was seconded by Commissioner Meyer and carried unanimously.  

OPEN AGENDA:

·        Octoberfest: 

Dr. Bruce Kempton and Mr. Dakota Holtgrieve addressed the Commission concerning an Octoberfest.  Dr. Kempton stated that he had talked to the Commission about using the Green Sports Complex for an Octoberfest a few years ago and now they wanted to get it scheduled for September 23rd of this year, which coincides with Pratt’s homecoming.  Dr. Kempton commented that he had visited with the high school about doing an all school reunion and he would be talking to others about tagging on.  Dr. Kempton added that this would be a fun, safe and cultured event.   

Mayor Kumberg questioned if there were any conflicts with the Complex.  Dr. Kempton stated that the Commission had been on board and they were waiting for them to progress and they would be serving alcohol.  Recreation Director Pinkall stated that we had waited on Rotary to proceed and that had not happened; therefore, there were no alcohol permits written.  Commissioner Meyer asked if they were going to fence off an area and have a big tent.  Dr. Kempton stated that they would be in one of the outfields.  

Mr. Holtgrieve stated that Dr. Kempton and he were both in Rotary; however, this was not going to be sponsored by them.  Mr. Holtgrieve commented that this was a pretty extensive capital outlay and they would use the proceeds to support the Teen Center and the Food Bank.  Commissioner Peters questioned what they envision.  Mr. Holtgrieve stated that they would offer food vendors, banks and people to talk to.  Commissioner Peters asked about an admission fee.  Dr. Kempton stated that they would be keeping it as authentic as possible with food, bands and games.  Dr. Kempton added that he had a friend that did vaulting and he thought they could do that at one of the other parks.  Commissioner Peters asked Acting City Attorney Goff if there was liability in that.  Ms. Goff stated that she would work with the gentlemen to make sure they were following all the State regulations. 

Mr. Holtgrieve stated that they were working on forming their own organization, so they were not affiliated with any other organizations.  Dr. Kempton commented that they would like to work with Rotary and get a donation.  Dr. Kempton explained that he had visited with Chamber Director DeClue and they could get insurance through the Chamber.  Commissioner Meyer questioned if Mr. Pinkall had any conflicts.  Mr. Pinkall stated that summer events would be passed and the adult activities would not be on Saturday.  Mr. Pinkall commented that he could move the soccer and flag football to a different location.  Commissioner Hlavachick commented that he liked the idea of having it on homecoming.  Dr. Kempton commented that a lot of classes did not have reunions, so this would be an all school reunion.  Mayor Kumberg made a motion to approve the organization working with the City staff to build toward this idea of an Octoberfest on September 23rd from 11:30 to 7:30 at the Sports Complex.  The motion was seconded by Commissioner Hlavachick and carried unanimously. 

·        Kansas Amusement Ride Act: 

Building Inspector Blankenship stated that he had received a reminder concerning the Kansas Amusement Ride Act and that was in connection with the Pilot Club train and we had not done anything with it last year with all the other things that were going on.  Mr. Blankenship commented that, since we own the train, he had completed a report and sent that in today and we had maintenance records through Mr. Mark Morgan, who comes twice a year to make sure it was okay.  Mr. Blankenship added that we also had to test the train to its limit and we did not have anybody qualified to do that; therefore, he would have to contact Chance Manufacturing to come out here again.  Mr. Blankenship stated that we also had to post a valid certificate of inspection and that would also involve Chance Manufacturing.  Mr. Blankenship informed the Commission that we had to provide training for the operators, but the Pilot Club had taken care of that by themselves.  Mr. Blankenship explained that he had gone to Taylor Printing and had safety instruction signs made to have posted at the depot and before you get on the ride.  Mr. Blankenship added that they had to be visible.   

Commissioner Hlavachick questioned if this was all regulations from the State.  Mr. Blankenship stated that they were and it was due to the accident involving the young man in Kansas City.  Mr. Blankenship explained that this was a class misdemeanor if we did not do these things.  Commissioner Meyer asked whether it was combined with all the City possessions for insurance.  City Clerk Kramer stated that it was on its own.  Mr. Blankenship commented that we took it over in 2012 and had spent around $60,000 to get it to stop derailing.   

Mr. Blankenship questioned where he should go from here even though we had been committed to doing maintenance on it.  Mayor Kumberg questioned if there was a limit before we had to shut it down or until we did something.  Mayor Kumberg stated that this was not a budgeted expense and he felt the Pilot Club should be in on this.  Mr. Blankenship stated that he was in contact with Ms. Kay Sewell.  Mayor Kumberg commented that nobody knows who gives it to you, but they know who takes it away.  Mayor Kumberg expressed his concern if the cost gets to $80,000 or $100,000 and we still did not have it up to standard.  Mr. Blankenship explained that the City also pays for the fuel which was around $300.  Mayor Kumberg stated that we had to get the inspection since we got lucky last year; however, we may not be so lucky this year.  Mr. Blankenship stated that he felt the cost would be below what the City Manager was able to approve.   

Commissioner Schmidt asked if there would be anyone from the Kansas State Fair Board that could answer some of our questions.  Mr. Blankenship stated that he did not know how to contact them, but he would find out.  Mr. Rambat questioned if Chance was even qualified since we did not know the exact qualifications.  Commissioner Meyer asked how we do the budget if the engine blows.  Ms. Garten stated that the money last year had come from tourism dollars and that was why that fund was decreasing.  Ms. Garten added that there was about $65,000 to $100,000 that had gone to the train.  Mr. Blankenship apologized for having to discuss this in open agenda, but he had to get the ball rolling.  Commissioner Hlavachick stated that we had put so much money in it now.  Mr. Rambat suggested that we keep it moving for now and bring it back to the Commission if we get some bad news.  Commissioner Meyer questioned what the whole value was of the train.  Mr. Blankenship stated that the City paid $35,000 for the train and that had been done before he got here.  Mayor Kumberg commented that there had to be other industries that do this type of thing so you did not have to go to the manufacturer.  

 Ms. Goff stated that the operation agreement said that the responsibility was on the City and the Club.  Ms. Goff pointed out that 1c states that the Club would set fees and schedules and keep the money to be used for maintenance of the train; therefore, the City was funding what they were not delegated to fund.  Commissioner Peters commented that the Club had money raising projects and they did special events, but they should be visited with if the contract states that they had maintenance responsibilities. 

Commissioner Meyer asked if we had ever received money from them.  Ms. Garten stated that we had asked once and their response was that they receive only minimal amounts.  Ms. Goff suggested that they revisit the fees if this was going to be a strain on City funds; however, that did not mean that the City could not continue to do what they had been doing.  After little more discussion, it was the consensus of the Commission to keep it going for now. 

·        Illegal Dump Site: 

Mr. Blankenship stated that he also needed to discuss something that he had been working on for a long time and that was the properties at 803 and 807 South Iuka Street.  Mr. Blankenship commented that he had tried to work with them in-house but had gotten nowhere.  Mr. Blankenship explained that he had contacted KDHE and they had taken it over and had determined that it was an illegal dump site.  Mr. Blankenship added that the owners were very open to having the City and the State help them.  Mr. Blankenship stated that there was 25% matching funds; however, that should not exceed the City Manager’s spending authority.  Mr. Blankenship commented that part of that would be in-kind such as supplying dumpsters, etc.  Mayor Kumberg questioned if there was anyone living there.  Mr. Blankenship stated that there was.  Commissioner Meyer asked how long the clean-up would take.  Mr. Blankenship commented that they thought it would be a few days and any scrap metal found would be taken in and that money would be the City’s.  Mayor Kumberg suggested that this go into executive session at the end of the meeting for attorney/client privilege since this was a current City employee’s residence.  City Attorney Goff agreed. 

REPORTS: 

City Manager: 

·        Cooper Street: 

City Manager Eckert informed the Commission that he had signed the engineering contract for Cooper Street today.  Mr. Eckert stated that the paperwork was in and it all looked good to the State and the owner of the property was happy with the way things had turned out. 

·        KMEA: 

Mr. Eckert stated that we were still working on the KMEA contract issues and it was looking positive.

·        2018 Budget: 

Mr. Eckert stated that he had met with the staff concerning the format of the 2018 budget and how he wanted all of the superintendents to present to the Commission.  Mr. Eckert commented that he was aware the staff had not been in on the budget meetings for several years, but he felt that they needed to have input.  Mr. Eckert explained that the superintendents would each receive a worksheet that goes back five years so that they could see the trend and that would help on planning for the next year.  Mr. Eckert stated that the Commission would be able to ask the superintendents specific questions about their budgets and hear the ‘why’ directly from them. 

City Attorney: 

·        Fees: 

Acting City Attorney Goff stated that she had been working with the building inspector on abandoned property issues and had been working on the ordinance concerning the fees.  Ms. Goff also stated that she was working with Recreation Director Pinkall on fees for the Municipal Building rentals. 

·        DUI Training: 

Ms. Goff informed the Commission that she had attended DUI training at the law enforcement center and it was very interesting. 

·        Animal Control:

Ms. Goff commented that she had been working with Chief Myers, Detective Ward and the Animal Control officer on issues concerning animal control. 

·        KMEA: 

Ms. Goff stated that the KMEA contract was still on-going and she had had some emails back and forth with Hinkle Law Firm. 

Public Works: 

·        Pool: 

Public Works Director Rambat stated that the street guys would be going out and power washing the pool which would allow him to do an inspection to see what it was going to take to get it up and running.  Mr. Rambat commented that they paint with epoxy paint that was made for underwater surfaces, but it had been four years since they had repainted it. 

·        Club D’Est alley: 

Mr. Rambat stated that he was going to get the concrete guy back out the first of April to do the alley behind the Club D’Est.  Mr. Rambat commented that he had been corresponding with the owners and they might throw in a heat mat at their expense.  Mr. Rambat added that there was a lot of traffic there and this would help them a lot. 

·        Sidewalk, Gutter and Curb project: 

Mr. Rambat stated that he was making his rounds to see what sidewalks, curbs and gutters need to be replaced this year.  Mr. Rambat commented that it would be a small project costing about $50,000 to $60,000. 

·        Compost & Clean-up week: 

Mr. Rambat stated that compost would start on April 3rd and he had the flyers ready to go in the utility bill on the spring clean-up week.  Mr. Rambat commented that some of the flyers went out to County residents last year and we had to let them know that it was meant for City residents only and that had not made them very happy; however, that problem had been solved for this year.  Mr. Rambat explained that he would get with Mr. Pinkall to get groups together that were interested in helping those who could not get out to the landfill on their own.  Mr. Rambat added that we would furnish four employees to work out at the landfill since that helped them out last year. 

Inspection Department: 

·        Abandoned Residence: 

Building Inspector Blankenship stated that he had been working with the Acting City Attorney on an abandoned residence whose owners lived out of State and, when contacted, we got no response.  Mr. Blankenship commented that there had been vagrants coming in and out of the property and Ms. Goff had found an ordinance that would allow the City to go board up the structure.  Ms. Goff added that this was an immediate public hazard since people could go in there and start a fire to stay warm.  Mayor Kumberg asked if we could assess this to the tax roll.  Ms. Goff stated that she had contacted other City Attorneys and that was exactly what they had done.  Ms. Goff explained that the City had been maintaining this property for years and that had been assessed against their taxes. 

·        KFC Building: 

Commissioner Schmidt asked if Mr. Blankenship knew anything about the old KFC building.  Mr. Blankenship stated that he did not; however, someone had dumped some blocks in the parking lot.  Mr. Blankenship commented that they should not believe everything that you see on Facebook.  

Recreation Department:

·        Rental Form: 

Recreation Director Pinkall stated that he had a new rental form for the Municipal Building and the Community Center in the packet for the Commission to review.  Mr. Pinkall commented that this process would create an avenue to prepay as long as you did not have any outstanding fees that remain unpaid.  Mr. Pinkall explained that there was also the policies and procedures attached.  Mr. Pinkall stated that he had talked to Ms. Goff and she had added disclaimers that would allow us to let people know that certain issues were covered.  Mr. Pinkall informed the Commission that this would be an agenda item at the next meeting. 

Police Department:

·        Monthly Crime Stats: 

Chief Myers gave the following crime statistics for February 2017: 

February 2017 - Crime Stats
1
Animal Bite
3
Assault / Battery
1
Burglary - Vehicle
3
Citizen Assist
7
Disturbance
18
DL Violations
3
Felony Drug Violation
3
Misdemeanor Drug Violation
1
Forgery / Counterfeit
3
No Type Listed
18
Larceny / Embezzlement / Fraud
5
Lost / Found Property
1
Missing Person - Juvenile
4
Other Offense
4
Property Damage
1
Sex Crime - Child
1
Stalking
1
Threat
10
Traffic Accident - Prop. Damage
4
Warrant Arrests
92
Total Cases

Chief Myers also reported on the Municipal Court caseload:  

February 2017 - Municipal Court Caseload
82
 
Cases Pending February 1st
1
 
DUI
1
 
Fleeing a Police Officer
115
 
Other Traffic Violations
2
 
Crimes Against Persons
4
 
Crimes Against Property
4
 
Other Crimes
9
Parking Violations
136
 
Total Filings for February
218
 
Total Case Load (82 Pending + 136 Filings)
 
 
 
 
 
Number of Cases Disposed of
DUI
All Other Cases
 
1
53
Guilty Pleas
0
0
Bond Forfeitures
0
24
Dismissals
0
0
Trials (Not Guilty Pleas)
1
4
Diversion Agreement
2
81
Total Dispositions
 
 
 
135
Cases Pending at End of Feb. '17
 
 
(218 Case Load - 83 Cases Disposed)
 
 
MUNICIPAL COURT REVENUE
JAN. '16
JAN. '17
 
$10,347.00
$14,544.00
 
 
 
 
FEB. '16
FEB. '17
 
$14,467.00
$16,809.76
 
 
 
 
$24,814.00
$31,353.76
Total for January and February months
 

Chief Myers stated that there had been a substantial increase in the amount of fines collected and he attributed that to Ms. Goff being very aggressive and taking time to visit with the officers.  Chief Myers commented that she was doing a good job. 

Finance Department: 

·        February reports: 

Finance Director Garten stated that the February reports went out to the departments and she had also put a treasurer’s report in the packet for February.  Ms. Garten explained that that report was required by State statute every quarter. 

·        Other projects: 

Ms. Garten stated that she had been writing a grant with Mr. Eckert and Mr. Pinkall and that had been turned into Kansas Department of Wildlife, Parks and Tourism. 

Ms. Garten commented that she had also been working on budget worksheets and those went out today.  Ms. Garten stated that she would put together a budget calendar with the approach that more dates could be needed with having the department heads coming in individually. 

Ms. Garten informed the Commission that she had been sending electronic paper work to the auditors so they could get ready for our audit next month. 

Mayor and Commission: 

·        Trip to Hays:

Commissioner Hlavachick stated that he had taken a trip to Hays with Mr. Eckert to look at a shooting range.  Commissioner Hlavachick commented that this had come about in the meeting with Ms. Paula Downs when we were discussing what we envision for Pratt’s future.  Commissioner Hlavachick stated that their range was on an abandoned dump site and he did not think something like that was going to work for us.  Commissioner Hlavachick explained that he thought that we should look at the thirty acres at the Sports Complex.  Commissioner Hlavachick stated that they had given them a guided tour and it was a nice trip and he got to know Mr. Eckert better so it was well worth it. 

EXECUTIVE SESSION: 

Mayor Kumberg made a motion to enter into executive session for attorney/client privilege not to exceed fifteen minutes.  Commissioner Hlavachick seconded the motion and it passed unanimously.

Mayor Kumberg made a motion to return from executive session with nothing to report.  The motion was seconded by Commissioner Hlavachick and carried unanimously. 

·        Resolution: 

Mr. Blankenship reminded the Commission that he would need a resolution stating that we could move forward with the agreement with KDHE on the illegal dump site.  Commissioner Meyer made a motion to direct the Acting City Attorney to prepare a resolution that approves the agreement with KDHE.  The motion was seconded by Commissioner Hlavachick and carried unanimously. 

ADJOURN:

Upon proper motion, the meeting was adjourned.

 ______________________________________
 LUCUS KUMBERG, Mayor

 ATTEST:

________________________________________
LUANN KRAMER, City Clerk