Thursday, September 27, 2012

10/01/2012 Agenda-Regular Commission Meeting

MONDAY

OCTOBER 01, 2012

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 17, 2012 Regular City Commission Meeting

5. BUSINESS:

5.1 Consideration and Approval of Bid to Clean Out Basin at the Wastewater Treatment Plant – Alan Luttrell, EBH Engineering

5.2 Consideration and Approval of Requests for ‘Old Fashioned Christmas’ on November 17th – Mayor, Commission and Staff (Jan Scarbrough will be out of town)

5.3 Consideration and Approval of Agreement Between City of Pratt and Arrowhead West for Property in Business Park – Dave Howard, City Manager

5.4 Consideration and Approval of Ordinances Increasing Utility Deposits and Late Charges – Ken Van Blaricum, City Attorney

• Ordinance 1209 - Water Deposit from $30 to $50
• Ordinance 1210 - Electric Deposit from $100 to $250
• Ordinance 1211 - Late fee from 2% to 10%

6. OPEN AGENDA (City Matters Only) (3 Minute Time Limit)

7. REPORTS

7.1 City Manager
7.2 City Attorney
7.3 Department Directors and/or Superintendents
7.4 Mayor
7.5 City Commission

8. ADJOURN





Monday, September 17, 2012

9/04/2012-Approved City Commission Meeting Minutes

TUESDAY

SEPTEMBER 04, 2012

The Governing Body of the City of Pratt met in Regular session in the Commission Room located in City Hall.

PRESENT:

Bill Hlavachick Mayor
Jeff Taylor 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 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 Hlavachick. The Mayor instructed the Clerk to note that all Commissioners were present.

INVOCATION AND PLEDGE OF ALLEGIANCE:

Commissioner Taylor led the staff and audience in the invocation and Pledge of Allegiance.

MINUTES:

A motion by Commissioner Skaggs to approve the minutes of the August 20, 2012 regular. Commission meeting. The motion was seconded by Commissioner Taylor and passed unanimously.

BUSINESS:

CONSIDERATION AND APPROVAL OF ORDINANCE 1207 ANNEXING LAND TO THE CITY OF PRATT:

City Attorney Ken Van Blaricum commented that this was property that was recently owned by the Dale Withers Trust and had been deeded to Prime Hospitality LLC. Mr. Van Blaricum stated that the Petition for and Consent to Annexation had been signed by Mr. Patel. Mayor Hlavachick asked that City Manager Dave Howard point out the two acres and Mr. Howard showed the property south of Holiday Inn that was to be annexed. Mr. Howard stated that this would be for an upper class Best Western Plus and explained that we would have to do an extension of the electric and water and tap into the sewer line. Commissioner Taylor questioned if there would need to be a service road. Mr. Howard stated that Mr. Withers had kept the easement to access his property, so the roads would be private.

Mr. Howard commented that there had been questions about whether we needed another motel and the Patel’s had done their homework concerning the oil companies that convinced them that there was going to be a healthy economy for the next four or five years. Commissioner Skaggs questioned if they were putting in a restaurant. Mr. Howard stated that they were working on it, but our population was not big enough and it adds a lot of expense.

The following Ordinance 1207 was then presented to the Commission for their approval: AN ORDINANCE ANNEXING LAND TO THE CITY OF PRATT, KANSAS. Commissioner Kumberg made a motion to approve Ordinance 1207 annexing the Lemon-Withers property in its present format. The motion was seconded by Commissioner Detwiler and carried unanimously.

DISCUSSION ON VOTING DELEGATES AT THE LEAGUE’S ANNUAL CONFERENCE IN TOPEKA ON OCTOBER 6-8:

After little discussion, the Commission agreed to allow Finance Director Diana Garten to represent the City as a delegate at the League meeting in October.

OPEN AGENDA:

Outdoor band:

Mr. Levi Murray, owner of Leroy’s Bar and Grill, requested that the Commission consider letting him host a band in front of his business on Highway 54. Mr. Murray commented that the band would play from 11:00 p.m. to 2:00 a.m. City Attorney Van Blaricum stated that he had visited with Mr. Murray and Police Chief Myers and they had looked at the noise ordinance. Mr. Van Blaricum explained that the ordinance states that there should be no loud things after 11:00 p.m. and that was defined as something that you could hear more than 50’ from a home, so they had suggested that he come before the Commission to see if they would waive the ordinance for that evening. Mr. Murray stated that he had visited with the owners of the Dragon’s Den and they did not have a problem with it.

Commissioner Skaggs questioned if this should be brought before the public. Mr. Murray stated that the band would perform on Friday, October 5th and it could bring in as many as 1500 people. Commissioner Skaggs questioned if it had to go as late as 2:00 a.m. Mr. Murray explained that that was when the bar closed. Mayor Hlavachick commented that Chief Myers would have to enforce it if we did not waive the ordinance. Mr. Murray commented that he did have security hired. Mr. Howard suggested that he and Chief Myers get with Mr. Murray and Mr. Conrad Easterday from the Tribune and put something out to the public.

Mr. Murray questioned where else he could go to have it that they could use their liquor license. Public Works Director Russell Rambat suggested that they inquire about the Fairgrounds and Mr. Howard added that he could check with the airport or the County in regards to the lake. After little more discussion, the Commission tabled the issue and requested that Chief Myers and Mr. Howard visit with Mr. Murray on a solution.

REPORTS:

City Manager:

RICE meeting:

City Manager Howard commented that he had attended a meeting on the RICE MAC issue with Director of Electric Utilities Kelly Hemphill, Power Plant Superintendent Ernie Smith and Energy Agent Kenny Kreutzer. Mr. Howard stated that this meeting dealt with the catalytic convertors being put on our units.

Mr. Howard explained that they had hoped that this would go away, but it did not look as if it were going to. Mr. Howard commented that he felt that they would have to extend it past the May 2013 deadline since there were so many Cities that would need to comply and they could not make the convertors fast enough. Mr. Howard stated that we were going to go ahead and start signing engineering agreements, which would be around $32,000 to $34,000. Mr. Howard added that the signed agreements would enable us to apply for an extension even if they do not extend the deadline. Mr. Howard commented that the total cost of the project would be around $450,000 to $500,000 and we would want the installers to see what issues they were going to have before doing ours so that all the bugs would already be worked out.

Turbine station in Ulysses:

Mr. Howard informed the Commission that Mid-Kansas, which was part of Sunflower Electric, was going to build a 110 mega watt gas fired turbine station in Ulysses. Mr. Howard explained that we buy a lot of energy through them and are connected to their controlling area. Mr. Howard added that we also do a lot of support generation for them, so we have to wonder where our future energy needs would be and how we would handle it.

Plated lots at Industrial Park:

Mr. Howard commented that there were two plated lots left at Prairie Parkway Business Park with one being the four acre lot behind South Wind Hospice that they had had a right of first refusal, but it had expired a year ago. Mr. Howard explained that Prater Oil wanted to buy the four acres and they were not asking for any ED help. Mr. Howard stated that he had told Mr. Ron Prater that Arrowhead West had paid $7,000 per acre for the last purchase and he was willing to pay that.

Commissioner Skaggs questioned what TR Services had paid for their lot. Mr. Howard answered that that was an ED situation due to their job creation. Commissioner Skaggs commented that Arrowhead West was not heavy industry so he was agreeable to a lower price, but questioned if $7,000 was enough for a commercial business. Mr. Howard explained that Arrowhead West had access to a paved road and the utilities were right there, but Mr. Prater would have utility costs that had not been involved with Arrowhead West. Mr. Howard added that Mr. Prater would have to tap into our lines on Yucca Lane where the City had utility easements on the boundaries of those properties, so his utilities would come up those easements with our meters being on Yucca Lane. Mr. Howard explained that we do put one electrical pole on their property, but the owner was responsible for taking it from the meter to the building. Mr. Howard stated that Mr. Prater would have to access his property using the County road to the north.

Commissioner Kumberg questioned if that would give him an amount of space needed for any future expansion. Mr. Howard stated that he was not one hundred percent sure that Mr. Prater was going to do this, but wants to cover his bases. Commissioner Skaggs questioned if acreage had been sold at various prices. Mr. Howard stated that it had gone up as more people build out there. Commissioner Skaggs asked how many acres were left out there. Mr. Howard stated that there were 25 acres left. Mr. Howard explained that an appraisal early on had put the property being sold at $.12 a square foot and, with each property sold, the cost had gone up.

After little more discussion, Mayor Hlavachick commented that he was okay with him if Mr. Prater wanted to buy the property.

Executive Session:

City Manager Howard requested an executive session at the end of the meeting to last ten minutes for non-elected personnel.

City Attorney:

Pratt Library & Art Museum:

City Attorney Van Blaricum stated that the Art Museum was a project that was about to become a reality. Mr. Van Blaricum commented that the Library Board agreed to deed the parking lot area to the Filley Foundation to use as part of the building, but he was nervous that the City library was deeding the property without the City’s approval. Commissioner Skaggs questioned what would happen to the property if there was no museum. Mr. Van Blaricum stated that the Filley Foundation was a 501(c)(3) charitable foundation and the Library would need to get a Quit Claim Deed from the City of Pratt for the Filley Foundation. Mr. Van Blaricum added that the Art Museum was going to happen with or without the Filley Foundation and, if they go out of business, their assets had to be donated to another charitable organization.

Public Works:

Geometric Project:

Public Works Director Rambat commented that he had been contacted by a letter from KDOT and they had declined our 2015 Geo project on North Main Street. Mr. Rambat reminded the Commission that we had been approved for the KLINK project a few weeks ago for one block on North Main. Mr. Rambat explained a short term fix for North Main Street by doing the KLINK project, but doing concrete from First Street to the front of the Community Center. Mr. Rambat commented that this would involve milling it down about 2” and doing an asphalt overlay. Mr. Rambat added that he would get more information on the cost and visit with KDOT as well.

Mr. Rambat commented that this was a well justified project in our minds, but they only approved eighteen out of thirty-eight applications. Mr. Rambat stated that the estimated cost of the short term option would cost between $80,000 and $120,000. Commissioner Skaggs questioned if we would go further down on the list by doing the asphalt overlay. Mr. Rambat stated that we would have to drive home to KDOT that this was a major highway and the asphalt would not stand up. Commissioner Kumberg questioned if we could appeal the rejection. Mr. Rambat stated that we could not. Mayor Hlavachick commented that First Street to School Street were in the worst shape. After more discussion, the Commission agreed to have Mr. Rambat bring in more information in a meeting or two.

Curb & Gutter project:

Mr. Rambat stated that the curb and gutter project was about halfway completed and he felt that they would be done the second or third week of October.

Sanitation Superintendent Retires:

Mr. Rambat informed the Commission that Sanitation Superintendent Phil Harmon had decided to officially retire in October. Mr. Rambat commented that Mr. Harmon had taken a fall last week and was on sick leave until October. Mr. Rambat stated that Mr. Lonnie Wright had been selected as the interim superintendent and was excited about having that opportunity.

Centennial Park Restroom:

Mr. Rambat commented that the block work was done on the Centennial Park restroom and City crews would be roughing in the water and sewer taps. Mr. Rambat stated that the detail work would be done next spring.

Water Tower cleaning:

Mr. Rambat informed the Commission that the cleaning of the water towers would start on September 24th at Champa Street and that would take about three to four days. Mr. Rambat stated that they would move to the airport on September 27th and be at the Business Park by October 1st. Mr. Rambat commented that the watering needs should be over by then and Champa Street would be offline for some of that time.

Compost pick-up:

Commissioner Skaggs questioned when the last pick-up was for compost. Mr. Rambat stated that it would be the last week of November.

Inspection Department:

Scout Cabin:

Commissioner Skaggs asked if we had gotten any bids on the heating and air conditioning for the Scout Cabin. Building Inspector Brad Blankenship stated that he would get that done. Commissioner Skaggs commented that it would be better to have a combination unit.

Recreation Department:

Vandalism:

Recreation Director Bruce Pinkall commented that there had been a rash of vandalism at the Sports Complex and Sixth Street Park. Mr. Pinkall explained that the tractor had been stolen from the Sports Complex, but they had gotten it back. Mr. Pinkall added that they were reviewing the video tapes to see if they could see who was responsible.

PCC Rodeo:

Mr. Pinkall stated that the PCC Rodeo was coming up in this month and, with the sale of the property at the Industrial Park, they would not be able to park in that area. Mr. Pinkall commented that they would be doing that on the south end and there would have to be quite a few adjustments. Mr. Howard added that he had talked with Mr. Dale Withers and he was willing to work with them on parking. Mr. Howard commented that the rodeo brings in about six to eight hundred contestants.

• Commercials:

Mr. Pinkall stated that the commercials on Channel 12 would be switching to a hunting mix. Mr. Pinkall commented that the Weekend Crew would be out in October for the Lemon Park Lights, which would air in November to kick off the Christmas season.

• MS Bike event:

Mr. Pinkall reminded the Commission that the MS Bike event would be here this weekend and there was a lot planned.

Power Plant:

Generating update:

Power Plant Superintendent Ernie Smith commented that they had started the engines and were running about sixteen hours a day. Mr. Smith explained that Holcomb had tripped off line again, but should have repairs done by Thursday and could be back on line.

Police Department:

Vandalisms:

Police Chief Myers stated that there had been some vandalism on the roof of Commissioner Taylor’s business last Wednesday morning and someone had unscrewed about one hundred twenty-five Christmas lights and broken them on the street. Chief Myers commented that they had caught a juvenile this weekend in the 100 block of South Main Street doing the same thing.

Mayor:

Indoor pool:

Mayor Hlavachick commented that he had gotten an email from Ms. Carol Gerard encouraging the indoor pool. Commissioner Skaggs stated that the people interested in that should visit with Blythe Family Fitness. Commissioner Taylor commented that an indoor pool would cost more than $1 million. Mayor Hlavachick commented that it should be on our radar somewhere.

Halliburton in town:

Mayor Hlavachick questioned if Halliburton was coming to town. Mr. Howard stated that they had looked at leasing some land at the airport, but were going to wait until after the New Year. Mr. Howard stated that the Airport Board members had talked about it and his thoughts were that they made billions of dollars in profit, so why should they need our money. Mr. Howard commented that there were many companies in here without us doing anything but utilities. Commissioner Kumberg commented that he was told that they had leased land at the Wash Out.

Sandy Creek Addition:

Mayor Hlavachick stated that we need to move on the Sandy Creek utilities extension. Mr. Howard stated that he would have the preliminary design on the 17th that goes from Maple Street south. Mr. Howard added that the plans were being drawn up and they would be looking at cost. Mr. Howard explained that the water and sewer lines were a lot deeper there than on the Wither’s project and he was not sure that we had the resources to do it ourselves.

Commission:

Equipment for Loren Minnis Park:

Commissioner Detwiler commented that she had a form signed by twenty-eight people that were interested in improvements being made to the Loren Minnis Park. Commissioner Detwiler stated that there were no restrooms, no picnic tables and no benches at the park. Commissioner Detwiler added that they would be bringing in more signatures at some time.

6th Street Park sprinkler system:

Commissioner Detwiler questioned if the sprinkler systems in Sixth Street Park had been started. Mr. Pinkall stated that they had not, because he had not gotten the meters put in. Mr. Howard added that they had talked about doing it, but it was the end of the season and they would have to winterize them before all the repairs were made. Mr. Pinkall commented that the valves would need to be put in before turning them on.

Speed limit in Lemon’s:

Commissioner Detwiler commented that some people were ignoring the cross walk signs in Lemon’s Park and she requested that something happen that would slow traffic down. Commissioner Skaggs stated that the small speed bumps that had been put in the alley behind Skagg’s had worked. Commissioner Skaggs suggested trying the portable speed bumps and see how many complaints we got. Commissioner Taylor stated that we would get complaints from people like him, because he does not like them. Commissioner Taylor commented that he must have a different point of view than Commissioner Detwiler. Commissioner Detwiler questioned if Commissioner Taylor thought there was not a problem. Commissioner Taylor stated that you try to make changes to a majority of the people. Commissioner Detwiler stated that there was a lot of kid activity down there. Commissioner Taylor commented that there was less now than there used to be and it was more for adults. Commissioner Taylor added that he was not against slowing traffic down, but against speed bumps. Commissioner Kumberg suggested more of a police presence. Commissioner Detwiler stated that they were not there when they go through the park. Commissioner Skaggs suggested one speed bump before the main entrance and see if it works. Mr. Van Blaricum stated that the speed bumps at the college stopped a serious problem.

Green Family Trust purchase:

Commissioner Kumberg questioned when the City would be closing on the Green Family Trust land purchase. Mr. Van Blaricum stated that it was set to close on Thursday at 11:00 a.m.

Sandy Creek lots:

Commissioner Kumberg questioned how we were advertising the lots that would be for sell in the Sandy Creek Addition. Mr. Howard stated that there were a number of people that had said that they would be interested in a lot and he had gotten a few of them to put it in writing. Commissioner Kumberg asked how we would advertise to developers. Mr. Howard suggested that we could put a sign on the commercial property that said that the City had lots for sale and give our phone number. Commissioner Kumberg stated that would be a good idea.

Executive Session:

Mayor Hlavachick made a motion to go into executive session for ten minutes to discuss non-elected personnel. The motion was seconded by Commissioner Detwiler and carried unanimously.

Mayor Hlavachick made a motion to return from executive session with nothing to report. After a proper second, the motion and second passed unanimously.

ADJOURN:

After proper motion and second, the meeting was adjourned.
______________________________________
BILL D. HLAVACHICK, Mayor

(SEAL)

ATTEST:
_______________________________
LUANN KRAMER, City Clerk

09/17/12 City Commission Meeting Agenda


MONDAY
SEPTEMBER 17, 2012
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 04, 2012 Regular City Commission Meeting

5. BUSINESS:

5.1 Discussion on Improvements at Loren Minnis Park – Claudine Johnson (140 Total Signatures)

5.2 Consideration and Approval of Prater Oil & Gas, Inc. Agreement to Purchase 4 acres at the Industrial Park – Ken Van Blaricum, City Attorney; Dave Howard, City Manager

5.3 Consideration and Approval of Ordinance 1208 Amending Inspection of Construction Section of City Code – Ken Van Blaricum, City Attorney

6. OPEN AGENDA (City Matters Only) (3 Minute Time Limit)

7. REPORTS

7.1 City Manager
7.2 City Attorney
7.3 Department Directors and/or Superintendents
7.4 Mayor
7.5 City Commission

8. ADJOURN











Wednesday, September 5, 2012

08/20/2012-Approved City Commission Meeting Minutes

MONDAY
AUGUST 20, 2012

The Governing Body of the City of Pratt met in Regular session in the Commission Room located in City Hall.

PRESENT:

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

ALSO PRESENT:

Dave Howard City Manager
LuAnn Kramer City Clerk
Diana Garten Finance Director
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 Hlavachick. The Mayor instructed the Clerk to note that all Commissioners were present.

INVOCATION AND PLEDGE OF ALLEGIANCE:

Commissioner Taylor led the staff and audience in the invocation and Pledge of Allegiance.

MINUTES:

A motion by Commissioner Kumberg to approve the minutes of the August 06, 2012 regular Commission meeting. The motion was seconded by Commissioner Skaggs and passed unanimously.

BUSINESS:

DISCUSSION ON CONCERNS AT THE MUNICIPAL POOL:

Mr. Michael Florez, 122 Hillside, handed the Commissioners a letter that he asked be put in City Manager Howard’s personnel file. Mr. Florez stated that there were words exchanged between a City employee and himself. Mr. Florez admitted that he had threatened the City employee after Mr. Howard had stated that his daughter and son caused problems at the pool and there were reports to show that. Mr. Florez commented that he had visited with Police Chief Gary Myers and he was told that they could not find anything that maintained that information.

Mr. Florez stated that he had a problem with a sixty year old man attacking two children and he did not appreciate the comments about his children. Commissioner Taylor questioned if the issue with the pool closing had been resolved. Mr. Florez stated that it had been, although he did not appreciate the way the situation was handled. Mr. Florez commented that the incident from last year had been brought up and that was done and over with. Mr. Florez questioned what the purpose was going back a year. Mayor Hlavachick stated that it was probably a complaint. Mr. Florez stated that last year had nothing to do with this year and it was over stolen property and suggested that lockers with locks be installed to release the City of any responsibility for stolen items.

City Manager Howard stated that Mr. Florez had called with a complaint about the pool closing at 3:00 p.m. and he had said that Pool Manager Tracy Trimpe was rude and condescending. Mr. Howard commented that he had told Mr. Florez that he knew who he was. Mr. Howard added that he had visited with Ms. Trimpe and she said that the kids had issues. Mr. Howard stated that he was not insulting the kids and this was not a single issue, but issues. Mr. Florez commented that he was not a counselor and this was not about issues, but the issue that he had called about. Mr. Florez added that this was not the environment to say what was said. Commissioner Detwiler questioned if there were issues with Ms. Trimpe. Mr. Howard stated that it was not the first time Mr. Florez had called to complain about Ms. Trimpe. Mr. Howard added that, due to his experiences with Mr. Florez, he did not blame Ms. Trimpe.

Ms. Trimpe commented that they had had issues all along at the pool with the boy and he had a filthy, filthy mouth. Ms.Trimpe stated that the Florez boy had been asked to put the hat, which was later reported stolen, in a basket and the basket would be put in the guard house on the wall. Ms. Trimpe added that he had taken the basket to the north side of the concession stand instead, where the pool employees had no control. Ms. Trimpe stated that she had received a call from Mr. Florez concerning closing at 3:00 p.m. and she had told him numerous times that this was not her choice since her lifeguards had football and volleyball practices at 4:00 p.m. Ms. Trimpe was asked why most of her lifeguards were athletes and she explained that they were the ones that could pass the lifeguard tests. Ms. Trimpe added that she still had a few that were not athletes, but not enough to stay open full time. Mayor Hlavachick questioned if Mr. Florez or his son were ever rude to Ms. Trimpe. Ms. Trimpe stated that the boy was respectful to her, but he had a terrible mouth. Mayor Hlavachick asked if he had ever been asked to leave. Ms. Trimpe stated that he had, but the managers had more dealings with him than she did. Ms. Trimpe explained that Mrs. Florez and her daughter were nice. Ms. Trimpe stated that she knew she was going to get a phone call when the pool closed early and she felt that she was polite to Mr. Florez.

Mr. Howard stated that he had issues with Mr. Florez and the boy and, the point was, that he had said nothing for Mr. Florez to behave the way he did. Mr. Howard added that Mr. Florez had had dealings with Ms. Trimpe and her staff on numerous occasions. Mr. Howard commented that anything that Mr. Florez says could be taken with a grain of salt. Mr. Florez commented that Mr. Howard was a liar. Mr. Howard stated that Recreation Director Pinkall was in his office when he got a call from Mr. Florez and he (Mr. Howard) never raised his voice. Mr. Florez stated that Mr. Howard had called him out and told him ‘you know where I am, so come and get me’. Mr. Howard clarified that he had said that he was down here all day and he could come on down. Mr. Howard stated that he had not called him out. Ms. Trimpe explained that her twenty year old lifeguards had been on duty when Mr. Florez had hit a minor. Mr. Howard stated that that was the history of the dealings with Mr. Florez.

Police Officer Jon McCarley recalled that they had received a call last Monday to come to City Hall. Officer McCarley stated that Officer James Sheldon was talking to Mr. Florez and then went in to talk to Mr. Howard. Officer McCarley commented that they came outside to talk to each other and the conversation was heated between the two. Officer Sheldon stated that the conversation was much like what was happening tonight. Officer Sheldon added that there were no condescending statements by either one, but they were both angry. Recreation Director Pinkall stated that he only heard one side of the phone conversation, but he had not thought that it was going to escalate.

Mayor Hlavachick stated that things get out of hand in the heat of the moment, but he did not think that Mr. Florez had a leg to stand on. Mayor Hlavachick added that he did not like City employees being threatened and he did not appreciate it. Mr. Florez questioned if Mayor Hlavachick had kids or grandkids. Mr. Florez asked how Mayor Hlavachick would react if Mr. Florez insulted them. Mr. Florez stated that the fights and insults mentioned by Ms. Trimpe had no bearing on tonight’s issue. Mr. Howard stated that it did apply. Commissioner Taylor stated that it could have a bearing on how both communicate.

Commissioner Taylor stated that, if Mr. Florez had said those comments to him, he would have said the same thing that Mr. Howard had. Mr. Florez stated that Mr. Howard had talked about his children. Commissioner Taylor commented that he understood that fully, but Mr. Florez’s son was verbally abusive or uses bad language and that says a lot about what went on down there. Mr. Florez stated that this goes back to what Mr. Howard had said about his children and he wanted that letter put in Mr. Howard’s personnel file.

After more discussion, Ms. Trimpe stated that, if the Florez boy says one more bad thing, he would be asked not to come back. Mayor Hlavachick stated that he would support that and understood the problem. Mr. Howard stated that the pool operates on a no tolerance policy with people fooling around and that was due to the amount of concrete and water and a lot of people being there. Mr. Howard added that the lifeguards had to do their job and people were thrown out because they did not behave, not because we did not like them.

After Mr. Florez left the Commission room, adult swimmer Ms. Annette Lee commented that she appreciated the job that Ms. Trimpe does and was here in support of her. Ms. Lee jokingly added that, while the City was getting ready to redo the pool, she would like them to consider an indoor pool. Ms. Carmen Forrest stated that she had been around when the kid had said the ‘f’ word and she had gone to the pool staff. Ms. Forrest added that the kid was later messing around near her car. Ms. Forrest added that Ms. Trimpe had been good about taking care of the situations. An audience member stated that Ms. Trimpe goes out of her way to be able to have a noon swim and she realizes that it was hard to find lifeguards. The adult swimmer commented that Ms. Trimpe should have the ability to do her job and that people want to be able to take their kids there and have a safe and friendly atmosphere. Everyone echoed Ms. Lee’s statement concerning the indoor pool. Mr. Joe Kramer stated that he appreciated Ms. Trimpe and the City Manager and he had been swimming for about twenty-two years. Mr. Kramer added that the lifeguards do a great job and the pool was an important asset to this town and was a family friendly place to go. Mr. Kramer commented that he had called Mr. Howard and the Commission concerning the hours and they do an excellent job of when we can and cannot be there. Mr. Luca Matei commented that he was so happy that the Commission had taken a position on the bully. Mr. Matei added that the community and police can transform this behavior. Mayor Hlavachick thanked everyone for their comments.

DISCUSSION ON MAIN STREET FARMERS MARKET:

EBH Engineer Alan Luttrell introduced two young engineers that had joined the company. Ms. Jenny Sheen and Mr. Michael Youngers addressed the Commission and gave them their backgrounds. Mr. Luttrell stated that the plans for the Farmers Market were nearing completion and he had met with City staff concerning the work the City was willing to do, such as the water lines and the electrical. Mr. Luttrell pointed out the highlights of the Farmers Market on overhead. After the power point showing the design, Mr. Luttrell stated that they could start construction right away. Mr. Luttrell commented that the Leadership group had gotten together and worked hard and had gotten estimates for labor, etc. and had talked with the contractors. Mr. Luttrell stated that they were looking for the City’s blessing to move forward. Mr. Luttrell added that they were anticipating starting early spring so it would not be half torn up during winter.

Ms. Tracy Beverlin and Ms. Carol Stull addressed the Commission and had handed out a sheet with a few of the details that were in place. Ms. Beverlin stated that they had groups and organizations that had volunteered their support along with contractors who had donated some of their time as well. Ms. Beverlin explained that Simpson Dirt Construction was going to do the excavation work along with the base work and there was money in the bank for that. Ms. Beverlin explained that there was a donor that would pay for the concrete sidewalk and curbing that would be done by Smiley Construction. Ms. Beverlin commented that Stanion Wholesale Electric would be donating the light poles and the work on installation would be done by the City. Ms. Beverlin explained that they think they have a donation for the landscaping and they were soliciting donations for the sign, bike rack and trash receptacles.

Ms. Beverlin stated that they would like to work with the City on the transporting of brick pallets. Mr. Howard stated that he had said that we would do that since we have the fork lift and vehicles needed. Ms. Beverlin commented that one fourth of the brick work by Smiley Construction had been donated. Mayor Hlavachick questioned how long it would take to finish the cleaning of the bricks. Ms. Stull stated that they should be able to get them done in two weeks with cooler weather.

Commissioner Skaggs questioned if they had a price list for the benches. Ms. Stull stated that they had been looking at $800 ones that required less maintenance, which was also what the gazebo would be made from. Commissioner Skaggs asked where a donor would go to make a donation. Ms. Stull explained that someone could go to the Chamber office and they were going through the South Central Foundation so they would have the correct tax status.

Commissioner Skaggs asked what was down under that area since they had torn down the Briggs Hotel. Mr. Luttrell explained that he had visited with Park Superintendent Mark Eckhoff about that and he had run into something about two to two and a half feet down when planting the cedar tree. Mr. Luttrell stated that there could be problems with the base of the light poles, but they would work it out when they get there. Mr. Howard stated that the biggest concern was with the water and electric. Commissioner Skaggs questioned if the fountain would be a splash fountain. Mr. Luttrell explained that it would be one like what was by the pool. Ms. Stull commented that that would be added later when they had the funds.

DISCUSSION ON MAIN STREET STREETSCAPE PROJECT:

Mr. Luttrell introduced Mr. Paul Stoner who would address the Commission on the street scape since he had done several over the years for EBH Engineering. Mr. Luttrell explained that KDOT had told everyone that they were going to take applications early on and now they were saying different. Mr. Luttrell commented that it would be up to the downtown business people whether they want to proceed with such a project or not.

Mr. Stoner stated that there were three categories for this program and they were historic, scenic and environmental. Mr. Stoner added that pedestrian and bicycle facilities were a different program through KDWP. Mr. Stoner commented that the project funding was an 80/20 match for construction costs, but they do not participate in the design cost, so that would be all on the City. Mr. Stoner explained that the application process involves a workshop in September and the deadline was in December. Mr. Stoner stated that this was a highly competitive process and there were more applications than there was money. Mr. Stoner added that, if they take applications this year, the project year would be in 2014 and 2015.

Mr. Stoner showed the Commission a few street scape projects that he had been part of and explained that they always do the electrical work under ground, they had to follow ADA guidelines and maintaining access to the businesses was important. Mr. Stoner stated that we would need to act pretty quickly, so that we could work on the designs. City Manager Howard questioned if they charge to put the application together. Mr. Stoner stated that they do and they propose to do it on an hourly basis, so it could run between $6,000 and $8,000. Mr. Luttrell reminded the Commission and staff that the City pays all engineering costs up front and the construction portion was reimbursed as the project goes along. Mr. Luttrell stated that it would cost approximately $225,000 to $325,000 per bluff, which makes this project cost around $1 million dollars or so. Mr. Luttrell explained that the City was only responsible for twenty percent of that plus engineering cost and the water lines had already been taken care of during the Main Street project.

Mr. Howard asked how long the project would take to complete. Mr. Stoner stated that it would be six months and during the last couple they would essentially be done so that the business would be open and usable. Mr. Luttrell explained that you do 8’ from the building out, so it could be torn out and put back in two days, so their doors would not be closed for more than half a day. Commissioner Kumberg questioned if they do from the building to the curb. Mr. Stoner stated that was correct and they do replace the curb, but not always. Commissioner Skaggs questioned if priority was given to shovel ready projects. Mr. Stoner stated that he was not sure, but it would not hurt. Commissioner Kumberg questioned when we would know about the applications. Mr. Stoner stated that we should know by the end of September if they were not going to be taking applications.

CONSIDERATION AND APPROVAL OF ORDINANCE 1205 AMENDING THE TRANSIENT GUEST TAX:

City Attorney Ken Van Blaricum stated that this ordinance increased the transient guest tax from seven percent to eight percent as requested by the Commission during the budget work session. Mr. Van Blaricum stated that he hurried things along and made this effective September 1st.

The following Ordinance 1205 was then presented to the Commission for their approval: AN ORDINANCE AMENDING SECTION 3.12.020 OF THE PRATT MUNICIPAL CODE OF THE CITY OF PRATT, KANSAS, THE TRANSIENT GUEST TAX. A motion by Commissioner Taylor to approve Ordinance 1205 amending the transient guest tax from seven percent to eight percent. The motion was seconded by Commissioner Skaggs and carried unanimously.

CONSIDERATION AND APPROVAL OF ORDINANCE 1206 AMENDING REFUSE COLLECTION FEES:

Mr. Van Blaricum commented that this ordinance was for a Commission approved increase in the landfill charges. Mr. Howard added that this was not part of picking up of the trash, but for the landfill charges from the County that we were passing along. Mayor Hlavachick stated that it was time we did that.

The following Ordinance 1206 was then presented to the Commission for their approval: AN ORDINANCE AMENDING SECTION 8.28.070 OF THE MUNICIPAL CODE OF THE CITY OF PRATT, KANSAS; PROVIDING FOR REFUSE COLLECTION FEES. A motion by Commissioner Kumberg to accept Ordinance 1206 in the current format was seconded by Commissioner Detwiler. Commissioner Skaggs questioned if the ordinance also applied to commercial since it only talks about residential units. Mr. Van Blaricum stated that it did include commercial and he explained. The motion and second carried unanimously.

OPEN AGENDA:

Luca comments:

Mr. Luca Matei commented that he was subject to a crime in 2006 and, instead of being resolved, the Government chose to cover it up. Mr. Matei stated that he was an honest and decent person and needed help and wanted the Government to recognize this abuse.

Mr. Matei went on to state that he did not appreciate the opening of this session. Mr. Matei added that we should pray to God and to ourselves to be honest, smart and do the best that we can. Mr. Matei commented that he appreciated the flag and that people pray to different objects. Mayor Hlavachick interrupted Mr. Matei commenting that he did not feel that this was City business. Mayor Hlavachick stated that this case was up to the Judge and jury to decide the rights and wrongs and, although Mr. Matei had come before the Commission many times, it was not their affair. Mr. Matei stated that this was a unique case. Mayor Hlavachick stated that it would be rectified after the Judge and jury make their decision.

Mr. Matei stated that mistakes happen and must be recognized, but Judges do not recognize when they screw up. Mr. Matei commented that they need to recognize that a big mistake was made. Commissioner Skaggs questioned City Attorney Van Blaricum on what the State Attorney General’s response had been. Mr. Van Blaricum stated that Mr. Matei’s trial will be on August 27th and he will be prosecuted by the Attorney General. Commissioner Kumberg stated that he took great offense to the statement in Mr. Matei’s letter that says that the Commissioners had refused to acknowledge and to investigate his unique abusive cases and they agree with these abusive actions. Commissioner Kumberg added that he did not know why that would be put in there and explained that this branch of Government does not take care of those things. Commissioner Kumberg repeated that he was deeply offended by that statement. Mr. Matei apologized and stated that he had requested the police to check the facts, written the FBI and Attorney General, but they deny the requests for an investigation and still prosecute him. Commissioner Kumberg stated that it was out of the Commission’s hands and the Judge should be fair.

REPORTS:

City Manager:

KDWP Sewage System Update:

Mr. Howard stated that the sewage system for Kansas Department of Wildlife and Parks had been started that would join it to the City’s.

Arrowhead West:

Mr. Howard stated that Arrowhead West was still interested in purchasing property at the Industrial Park. Building Inspector Blankenship stated that the property was zoned properly, but Arrowhead West had wanted a public hearing. Mr. Blankenship commented that the property was east of the Humane Society and south of TR Services and Arrowhead West was waiting for the land transaction to be finished.

City Attorney:

Philosophical moment:

Mr. Van Blaricum stated that we hear from Mr. Matei pretty regular about being unhappy, but he was thankful that we live in America where people like Mr. Matei could say what concerns him. Mr. Van Blaricum thanked the Commission for listening to Mr. Matei. Mayor Hlavachick agreed, but added that his circumstances were out of our jurisdiction.

Public Works:

Centennial Park Restroom:

Public Works Director Russell Rambat commented that Mr. John Paul Jorns had added the blocks to the building in Centennial Park and we should have a restroom there next spring.

Curb and Gutter project:

Mr. Rambat stated that the curb and gutter project had started back on the Oak Street and School Street intersection area. Mr. Rambat commented that there were a couple of areas that they had picked out to get out of the way before school starts.

• Pool project:

Mr. Rambat stated that they would be draining the pool down after it closes for the season to tear out existing pieces of lining to see what they would be dealing with. Mr. Rambat explained that he had met with Mr. Kyle McCawley from Larkin Aquatics to determine the best alternative. Mr. Rambat added that they want to get the best bang for the buck. Mr. Howard stated that he would like to see something that would get us seven to ten more years, but price would dictate that.

Recreation Department:

City Park:

Recreation Director Pinkall stated that there had been quite a few departments helping out with the future City park downtown, such as the street and park departments and things were going smooth.

MS Bike event:

Mr. Pinkall stated that the MS Bike event was September 8th and 9th and they had coordinated things with the City and the school. Mr. Pinkall added that the police would be leading them out of town and they had been giving positive feedback about the experience of working with Pratt. Mayor Hlavachick stated that they had gotten an email from the Wichita leader inviting them to their banquet on the 8th, which he would be attending.

Finance Department:

• Region meeting in Pratt:

Finance Director Diana Garten informed the Commission that Chamber Director Jan Scarbrough had arranged for Pratt to host the South Central Kansas Tourism’s region meeting on Wednesday at the museum.

Mayor and Commission:

Grant update:

Commissioner Skaggs questioned if we had any more information on the grant. Mr. Howard stated that we had not heard anything new.

ADJOURN:

A motion by Commissioner Skaggs to adjourn was seconded by Commissioner Kumberg. The motion and second carried unanimously.

_______________________________________
BILL D. HLAVACHICK, Mayor

(SEAL)

ATTEST:
________________________________
LUANN KRAMER, City Clerk