MONDAY
JUNE 19, 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 City Attorney
Diana
Garten Finance Director
Gary
Myers Chief of Police
Russell
Rambat Public Works Director
Brad
Blankenship Building Inspector
Jamie
Huber Director of Electric
Utilities
Bruce Pinkall Recreation Director
CALL TO ORDER:
The
regular meeting was called to order by Mayor Kumberg. The Mayor instructed the 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
Meyer 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 June 05, 2017 regular
Commission meeting. The motion was
seconded by Commissioner Schmidt and carried unanimously.
BUSINESS:
CONSIDERATION AND
APPROVAL OF STREET CLOSURES FOR THE JULY 8TH SIDEWALK SALE:
Chamber
Director Kim DeClue requested the following street closures for the Sidewalk
Sale on July 8th from 7:30 a.m. to 3:30 p.m.; Second Street between Main Street and Jackson
Street, Second Street between Main Street and Ninnescah Street, Third Street
between Main Street and Ninnescah Street and Fourth Street between Main Street
and Jackson Street. Ms. DeClue stated
that they used to use Third Street but would be moving it to Merchant Park this
year. With little discussion,
Commissioner Hlavachick made a motion to approve the recommendations from Ms.
DeClue for street closures as outlined in her memo. The motion was seconded by Commissioner Meyer
and carried unanimously.
DISCUSSION ON
TEMPORARY PERMIT FOR THE SALE OF ALCOHOLIC BEVERAGES:
City
Attorney Goff stated that she had checked the State Statutes on the temporary
permits for the sale of alcoholic beverages.
Ms. Goff commented that a City could pass an ordinance that would
designate an area where alcoholic liquor could be sold on public streets,
alleys, roads, sidewalks, highways and parks; however, she would need to know
the exact location that it was going to entail.
Ms. Goff also explained that a resolution could be passed if the City
wanted to issue a temporary permit. Ms.
Goff commented that the Commission had approved a request to allow alcoholic
sells at Green Sports Complex for the Octoberfest event and that would require
an ordinance, which she had partially drafted.
Ms. Goff stated that she would need to have a specific property and that
would not mean that they would forever be able to sell on this property,
because it goes on a case by case basis.
Commissioner Hlavachick asked if it could be all inclusive. Commissioner Meyer agreed and added that we
would have to issue a permit. Ms. Goff stated that she could do that and we
would only have to do that once. Ms.
Goff added that she would write the ordinance generally if she could, but she
would like to do further research. Commissioner
Peters questioned if they would be able to reject any requests if we did the
‘all inclusive’ concept. Police Chief
Myers explained that there was a difference between alcohol and cereal malt
beverages, so this did include liquor store beer. Ms. Goff agreed and added that alcoholic
liquor did not include cereal malt beverages; however, after April 2019, there
would be no difference.
Ms.
Goff stated that this ordinance could be amended at a later date. Mayor Kumberg stated that he was concerned
about this event at the Sports Complex and thanked Ms. Goff for taking care of
this. Ms. Goff stated that she would
have it on the next agenda.
OPEN AGENDA:
·
Request for an ordinance:
Ms.
Debra Hamilton addressed the Commission concerning an ordinance to prevent any
substance being sprayed into someone else’s yard that she had asked for several
months ago and had heard nothing back.
Ms. Hamilton stated that she had called the police seven or eight times
and only received three of the reports when she had asked for copies of
them. Ms. Hamilton repeated that she
wanted the City to have an ordinance in place.
City Attorney Goff stated that she had talked to colleagues and water
spray was hard to penalize. Ms. Goff
commented that it was a violation if there was damage and it could be
considered criminal damage, which law enforcement would have to report. Ms. Hamilton stated that her neighbor was
spraying it at her house and they had crossed a line. Ms. Hamilton added that she had found out
that many others had the same problem and it did not seem to matter what it
was, law enforcement was not taking it seriously. Ms. Goff stated that there could be civil action
to recover damages. Ms. Hamilton stated
that she had been to court.
Commissioner
Meyer asked if there were any other Cities with something we could use. Ms. Goff stated that she had not found one
that dealt with sprinkler systems or water.
Ms. Hamilton stated that the grass had died and that was criminal
mischief. Ms. Hamilton repeated again
that there should have been an ordinance that they could not spray any
substance and then the police would have no excuse to ignore it. Chief Myers stated that getting it into
prosecution was in the hands of the City Attorney. Ms. Hamilton stated that the District
Attorney had stated that it was not worth it and all the evidence of that had
disappeared. Ms. Hamilton informed the
Commission that she had filed a restraining order in District Court and she
should not have to continue doing this.
Ms. Hamilton commented that she would have something if there was an
ordinance. Ms. Hamilton explained that
her dogs were being sprayed and one had lost its coat. Ms. Goff stated that they could file a report
of cruelty to animals and issue them a citation. Ms. Hamilton stated that the police could not
do anything because there was no ordinance.
Ms. Hamilton added that there were no records of disorderly conduct. Ms. Goff stated that the Commissioners did
have discretion to pass ordinances, but she found it hard to believe that the
police officers would not follow through if it was a legitimate issue. Ms. Goff added that ordinances were written
with the ability to enforce them.
Ms.
Goff stated that we did need to be able to live together as neighbors. Ms. Hamilton stated that she should not have
to go to these measures and she had had no problems since the restraining
order. Commissioner Meyer asked if this
happened eighteen months ago. Ms.
Hamilton explained that her yard was killed off in 2012, they were caught
spraying her dogs but they said it was an accident and one dog had lost their
coat. Ms. Hamilton added that it had all
started again this spring and now part of her lawn would not grow. Commissioner Meyer questioned if their yard
was growing. Ms. Hamilton stated that
theirs was just fine. Commissioner Meyer
commented that it could not be what he was spraying then. Ms. Hamilton stated that she did not care and
she had security cameras going down her property line. Ms. Goff stated that she had two issues and
one was the enforceability of this and the second was questioning the integrity
of the police officers and them not issuing a citation; therefore she felt that
Ms. Hamilton would probably not be happy with any ordinance written. Ms. Hamilton stated that she could go to the
District Attorney. Ms. Goff stated that
she could bring evidence of damage. Ms.
Hamilton asked about civil action. Ms.
Goff stated that law enforcement would be sent out if there was a crime because
the City does have ordinances against criminal damage to property and animal
cruelty. Ms. Hamilton stated that they
could tell them to keep their dogs in the yard, but that did not mean it was
going to happen. Ms. Goff commented that
law enforcement, court and she were trying to give constructive advice;
however, the court had dismissed it. Ms.
Goff added that law enforcement was very careful with their jobs. Ms. Hamilton stated that she thought so too
until seven or eight reports had gone missing.
Ms. Goff stated that if she was unhappy with law enforcement she should
bring that evidence to her in court and they would see if charges were
appropriate.
·
Sound system at Municipal Building:
Mr.
Bill Proctor addressed the Commission about the concerns the 75er’s had about
the sound system at the Municipal Building.
Mr. Proctor stated that he had a petition for progress for improvements
needed to that system. Mr. Proctor
commented that he had visited with Mr. John Haven last Wednesday morning and
Mr. Terry McAfee had worked on the sound system before. Mr. Proctor explained that Mr. McAfee had
offered to come and get it in order and that he thought that it was just out of
whack. Mr. Proctor stated that they
would like to see if it would get fixed before another big occasion. Recreation Director Pinkall stated that Mr.
McAfee had designed it in the beginning and he would be the guy to look at
it. Mr. Pinkall commented that he would
follow-up and keep them informed.
REPORTS:
City Manager:
·
2018 Budget:
City
Manager Eckert stated that they had a good meeting today on the 2018 budget.
·
July 3rd:
Mr.
Eckert asked if there was a possibility that Monday, July 3rd could
be a holiday along with Tuesday the 4th. Mr. Eckert commented that the regular
Commission meeting would be moved to Wednesday, July 5th. Mayor Kumberg made a motion to make July 3rd
a holiday for City employees. The motion
was seconded by Commissioner Hlavachick and carried unanimously. Mayor Kumberg made another motion to move the
regular Commission meeting to Wednesday, July 5th at 5:00 p.m. Commissioner Meyer seconded the motion and it
carried unanimously.
City Attorney:
·
Busy time:
City
Attorney Goff stated that she had been busy with KMEA issues, a large docket in
Municipal Court and researching the temporary permit issue. Ms. Goff added that she had attended the City
Attorney Conference on Friday, June 9th.
Public Works:
·
Sidewalk projects:
Public
Works Director Rambat stated that he had finished up the bid quotes for the
sidewalk, curb, gutter and ADA ramp project.
Mr. Rambat commented that 90% of the project was on South Main Street to
Pine Street and Ninth Street to Highway 54.
Mr. Rambat explained that he had sent out a second request for quotes on
a sidewalk project along Sixth Street.
Mr. Rambat stated that it would be from the alley by the three shelter
houses to the entrance into Sixth Street Park.
Mr. Rambat added that this was a trail grant project that Pratt Health Foundation
Executive Director Dewayne Bryan wanted us to do.
·
Highway 54:
Mr.
Rambat commented that the street department would be working on a 9’ panel on
the east side of Highway 54 that was failing badly. Mr. Rambat stated that he had talked to KDOT
and Skaggs Ace Hardware and they would be starting on that this Wednesday. Mr. Rambat explained that they would have one
lane of traffic on the south side; however, they should be finished by Friday
and open it back up on Monday.
Commissioner Meyer asked about trucks turning onto Main Street. Mr. Rambat stated that it would be tough, but
we would have warning signage. Mayor
Kumberg asked if there were any options for detours. Mr. Rambat commented that there were none
that would be accommodating. Commissioner
Peters questioned if we could set the stop lights so that they were green
longer going east and west. Mr. Rambat
stated that those were set on timers, but we may be able to lengthen them. Mayor Kumberg asked about sending them around
Kansas Department of Wildlife and Parks.
Mr. Rambat stated that that was County and they could require an
agreement. Mr. Rambat commented that
they would do the best they could.
·
Disc Golf Tournament:
Mr.
Rambat stated that the Disc Golf Tournament was this weekend and they were
getting the park fixed up for that.
·
Merchant Park:
Mr.
Rambat stated that he would get the rise at Merchant Park painted soon.
Building Inspections:
·
South Iuka Street:
Building
Inspector Blankenship took a moment to thank the street department for their
hard work done at the house on South Iuka Street. Mr. Blankenship commented that it was three
days working from 8:00 a.m. to 5:00 p.m.
Mr. Blankenship stated that there was a lot of stuff carried out and a
lot of limbs and trees. Mr. Blankenship
added that there were eight loads of bushes and trees. Mr. Blankenship stated that they did a very
good job and this was a State project with in-kind services from the City.
Electric Department:
·
Steam Unit:
Director
of Electric Utilities Huber stated that they would be putting a fire in the
boiler on Sunday and running the steam unit.
Mr. Huber commented that they could do their annual test if the weather
cooperates and may run an extra day.
Police Department:
·
Theft at Park:
Police
Chief Myers informed the Commission that there was a theft of some flowers in
Lemon Park and that case had been solved.
Chief Myers stated that the City Manager came to him with a name of the
person who took the flowers and they would be appearing in Municipal Court.
Mayor and Commission:
·
Budget Work Session:
Mayor
Kumberg thanked the department heads for being so helpful with the substantial
change in the way we were doing the budget.
Mayor Kumberg stated that he had learned a lot and the Commissioners
were very appreciative of their time and effort.
ADJOURN:
Commissioner
Hlavachick made a motion to adjourn.
Commissioner Meyer seconded the motion and it passed unanimously.
________________________________
LUCUS
KUMBERG, Mayor
ATTEST:
________________________________
LUANN
KRAMER, City Clerk