04/07/14-Approved City Commission Meeting Minutes

MONDAY

APRIL 07, 2014

 

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

 

PRESENT:  

 

Jeff Taylor  Mayor
Gary Skaggs  Commissioner
Karen Detwiler  Commissioner
Lucus Kumberg  Commissioner
Doug Meyer  Commissioner

ALSO PRESENT: 

 

Dave Howard  City Manager
Ken Van Blaricum City Attorney
Diana Garten  Finance Director
Gary Myers  Chief of Police
Russ Rambat  Public Works Director
Brad Blankenship City 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 Finance Director in the Clerk’s absence to note that all Commissioners were present except Commissioner Bill Hlavachick.

 

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:

 

Commissioner Detwiler made a motion to approve the minutes of the March 17, 2014 regular Commission meeting.  The motion was seconded by Commissioner Skaggs and carried unanimously.

 

CERTIFICATION OF APRIL 02, 2014 CITY COMMISSION ELECTION:

 

City Manager Dave Howard read the certification of the April 01, 2014 City General election that had been sent by County Clerk Sherry Kruse indicating that Candidate Hlavachick and Candidate Meyer had received the majority of the votes; therefore, voted in to serve as City Commissioners.

 

OATH OF OFFICE GIVEN TO NEWLY ELECTED CITY COMMISSIONERS:

 

City Manager Dave Howard gave the oath of office to newly elected Commissioner Doug Meyer.   Karen Detwiler relinquished her position as commissioner to Mr. Meyer before the meeting continued.

 

Mayor Taylor noted that Commissioner Hlavachick had been given the oath of office earlier and was absent because of a family funeral and that the city’s thoughts were with him tonight.

PRESENTATION OF MAYOR’S PLAQUE:

 

City Manager Dave Howard presented outgoing Mayor Taylor with a plaque and stated that he and the staff appreciated his leadership the past year and the many years that Mr. Taylor had served on the commission and as Mayor.

 

REORGANIZATION OF PRATT CITY COMMISSION:

 

NOMINATION FOR MAYOR:

 

A nomination by Commissioner Kumberg was made for Commissioner Taylor to continue serving as Mayor. Mayor Taylor asked if there were any further nominations for Mayor and, hearing none, closed the nomination process. Commissioner Kumberg made a motion to appoint Commissioner Taylor as Mayor for 2014/2015. Commissioner Meyer seconded the motion. The motion and second passed unanimously.

 

NOMINATION FOR VICE-MAYOR:

 

A nomination by Commissioner Skaggs was made for Commissioner Kumberg to serve as Vice-Mayor. Mayor Taylor asked for other nominations for Vice-Mayor and, hearing none, closed the nomination process. Commissioner Skaggs made a motion to appoint Commissioner Kumberg as Vice-Mayor. Commissioner Meyer seconded the motion. The motion and second passed unanimously.

 

DESIGNATION OF OFFICIAL CITY DEPOSITORIES – THE PEOPLES BANK, FIRST NATIONAL BANK, FIRST STATE BANK AND TRUST:

 

A motion by Commissioner Kumberg to approve The Peoples Bank, First National Bank and The First State Bank as the official City depositories. The motion was seconded by Commissioner Skaggs and carried unanimously.

 

DESIGNATION OF OFFICIAL CITY NEWSPAPER – THE PRATT TRIBUNE:

 

A motion by Commissioner Skaggs was made to approve The Pratt Tribune as the official newspaper for the City of Pratt. The motion was seconded by Commissioner Meyer and carried unanimously.

 

BUSINESS:

 

CONSIDERATION AND APPROVAL OF RESOLUTION 040714 DETERMINING THE ADVISABILITY OF ISSUING TAXABLE IRB’S FOR COMMERCIAL HOTEL FACILITY:

 

Sara Steele of Gilmore and Bell, attorneys presented Resolution 040714 asking the commission to approve the resolution for the intent of the City to allow Industrial Revenue Bonds to be issued for the purpose of financing the acquisition, construction, furnishing and equipping a commercial hotel (Hampton Inn) to be located in Pratt.  Ms. Steele reported this is the first step in the process of issuing IRBs.  She explained that the City will hold the bonds with the Company being totally responsible for the debt.  The primary benefit of issuing IRBs is the exemption of sales tax for the materials of construction and furnishings of the facility.  Sales tax exemption ends when construction is complete and the Hotel opens for business.  Ms. Steele stressed that this ordinance is only for the intent of the commission concerning the IRBs.  Commissioner Kumberg asked what constitutes materials of construction.  Ms. Steele replied that all materials used in the new construction process and all furnishings would be included.  The labor is not subject to sales tax.  Noting the success of another Hotel that the City helped with IRBs and the future return to the city in sales and guest tax, and job creation, Commissioner Skaggs moved to approve Resolution 040714 Determining the Advisability of Issuing IRBs for the purpose of financing the acquisition, construction, furnishing and equipping a Hotel Facility (Hampton Inn) to be located in Pratt.  Commissioner Kumberg seconded.  Motion carried 4-0.

 

PROCLAMATION FOR MAYORS DAY OF RECOGNITION FOR NATIONAL SERVICE:

 

Tiffany Ailstock, RSVP representative asked the commission to recognize all the volunteers in our community and especially those who volunteer with RSVP.  Ms. Ailstock stated that April 1, 2014 was declared National Mayors Day of Recognition for National Service and since our meeting did not fall on April 1st, she would like to recognize our volunteers tonight.  Mayor Taylor and the commission agreed and Mayor Taylor read the Proclamation.  After the reading, Mayor Taylor on behalf of the commission thanked Ms. Ailstock and all volunteers for their prior and continued service to our community.

 

CONSIDERATION AND APPROVAL FOR BREAD OF LIFE COMMUNITY KITCHEN TO SPONSOR A 5K IN LEMON PARK:

 

The Bread of Life Community Kitchen sent a request to use Lemon Park on May 3, 2014 at 9:00am for a 5K run/walk fundraiser to aid the Community Kitchen in their mission of Hunger Relief.  A representative of the Kitchen was not present to answer questions so Bruce Pinkall volunteered to contact them and coordinate their needs for the 5K.  Commissioner Kumberg moved to approve the use of Lemon Park by the Bread of Life Community Kitchen on May 3rd at 9:00 am for a 5K run pending city staff approval and coordination.  Commissioner Skaggs seconded the motion.  Motion carried 4-0.

 

CONSIDERATION AND APPROVAL OF THE USE OF LEMON PARK FOR GIRL SCOUT SAFETY DAY:

 

Kayla Durall, event coordinator for the Pratt Area Girl Scouts asked the commission to approve the use of Lemon Park on May 3, 2014 from noon – 5:00pm for a Girl Scout safety day.  Ms. Durall said that the High School Girl Scouts had planned the event for other scouts and anyone who might benefit or have an interest.  They have invited firemen and police to attend and give safety instructions.  They also have several other activities planned.  Ms. Durall said they would like to use the grassy area and that they have reserved a shelter house already.  The commission and Bruce Pinkall discussed whether there would be any conflict with Bread of Life’s 5K.  Bruce said that a 5K beginning at 9:00 am should be completed by noon and he didn’t see any problem with both events being on the same day. Commissioner Meyer moved to allow the Girl Scouts use of the Park on May 3, 2014 from noon until 5:00pm.  Mayor Taylor asked Ms. Durall if the Scouts would need anything additional from city staff.  She said they would coordinate with city staff if anything was needed.  Mayor Kumberg seconded the motion.  Motion carried unanimously. 

 

CONSIDERATION AND APPROVAL OF CONTRACT OF SALE BETWEEN THE CITY AND ADAM DEDA:

 

Ken Van Blaricum, attorney for the City referred to the Contract of Sale included in the commission packet to sell Lots 1, 2, 3, and 4 in Compton’s Addition to Mr. Adam Deda for the purchase price of $30,000.  Mr. Van Blaricum stated that it was a general contract of sale with a sales price that had been agreed upon. City manager Dave Howard stated that the agreement was for Lots 1, 2, & 3.  Lot 4 was not to be included.  Mr. Howard apologized for not catching that prior to the meeting.  Mr. Van Blaricum pointed out Section Two of the contract concerning Fill Dirt from Lot 5 which is currently under contract with Interstate Holdings, LLC.  He stated that Interstate Holdings, LLC was agreeable to the Section Two clause concerning the movement of fill dirt from Lot 5 to Lots 1, 2, and 3 to level the area.  Lot 5 has a higher elevation and the contract gives Mr. Deda rights to move the higher elevated dirt to a lower area on the property he is purchasing.  Mr. Howard stated that this movement of dirt would benefit both parties.  Commissioner Skaggs asked what constitutes a reasonable amount of dirt as stated in the contract.  His concern was that each party might interpret that differently.  Mr. Howard stated that Brian Simpson was going to do the dirt work and that he is very knowledgeable at moving dirt.  Both parties know Simpson’s reputation and have agreed to this clause.  Commissioner Skaggs moved to approve the contract of sale to Mr. Adam Deda with the correction eliminating Lot 4 and selling only Lots 1, 2, &3 for $30,000.  Commissioner Kumberg seconded.  No further discussion was made.  Motion carried 4-0.

 

CONSIDERATION AND APPROVAL OF ORDINANCE 1407 CORRECTING PROPERTY DESCRIPTION IN THE EASTVIEW ADDITION ZONING CLASSIFICATION:

 

Mr. Ken Van Blaricum, attorney asked the commission to approve Ordinance 1407 correcting the legal description to the Zoning Classification in Eastview Addition.  Mr. Van Blaricum stated that the commission had previously approved the Zoning Classification R-4 for the lot behind Cooper Tire in Eastview Addition however, the legal property description contained an error and this ordinance would correct that error.  Commissioner Skaggs asked about the requirements for off street parking with multiple family housing especially on the lot being discussed since the street in front of it (Howard Street) is a narrow and busy street. Mr. Blankenship, city inspector replied that there are specific requirements for parking around multi-family structures dependent on the size of the units.  Mr. Skaggs concern was that most families have multiple vehicles in excess of the requirements. Howard Street is not conducive to street parking and we would not want to create congestion in that area.  Mr. Howard informed the commission that there is an easement through the property where a structure could not be built over and it is his understanding that parking would be provided over that easement.  Commissioner Kumberg moved to approve Ordinance 1407 correcting the property description in the Eastview Addition Zoning Classification.  Mr. Skaggs seconded the motion.  Motion carried 4-0.

 

CONSIDERATION AND APPROVAL OF BOARD APPOINTMENTS TO THE PRATT AIRPORT AUTHORITY:

 

Mr. Rex Johnston and Mr. Steve Maechtlin’s seats on the Pratt Airport Authority board will be open as of April 15, 2014.  Austin Bond and Jeff Shumway were recommended to fill the vacancies by Reid Bell, executive director of Pratt Airport Authority.  Both individuals have agreed to serve.  Commissioner Skaggs moved to approve the appointment of Austin Bond and Jeff Shumway to fill the vacancies on the Pratt Airport Authority Board beginning April 15, 2014.  Commissioner Meyer seconded.  Motion passed unanimously.

 

DISCUSSION ON SEWAGE DISPOSAL IN SIXTH STREET PARK:

 

Russ Rambat explained the current process of disposing sewage at the dump station located in 6th Street Park and re-iterated the changes proposed to this process as discussed at the last meeting.  Mr. Rambat wanted to clarify the proposed changes before alerting the main users of that dump station.  He stated that it is important to protect our wastewater treatment system and allowing unregulated dumping could cause damages.  The intended plan is to place new locks on the station with the locks being kept at city hall.  Use of the station would only be available during work hour from 8-5 so that city staff can monitor what is being dumped into our system.  Commissioner Skaggs asked about the location of the station in 6th Street Park and why it wasn’t located at the treatment plant.  Russ replied that there is a large interceptor at the 6th Street location and the waste being dumped there is typically high strength so it dilutes as it approaches the plant.  It would be more of a shock to the system if it were dumped at the base of the plant.  Additionally there is not enough room at the plant for trucks to unload and turn around.  Commissioner Skaggs indicated that we would probably receive some backlash from making changes since users are accustomed to having access afterhours. City manager Howard replied that the city has just invested a large sum of money on a new treatment plant.  Allowing unregulated sewage to be dumped could cause damages quickly and it would be foolish to continue that practice.  He stated how important it was for the City to protect their infrastructure.  Commissioner Skaggs asked how many clients a septic service could see before their truck is full and needed to be dumped and how much was dumped during after work hours and weekends.  Commissioner Skaggs also asked how picking up a key and dumping without observation by staff would regulate the process.  City Manager Howard stated that to get a key, the customer would have to sign a form so we would be aware of whom and when they were dumping.  Mr. Skaggs asked how many users there were and how often it was used.  Brad Blankenship, city inspector replied that there were 3 known local septic operators that use the station on a regular basis.  [1. Advanced Septic (Bob Blasi) 2. Holder Septic (Mark Holder) and 3. A-1 Septic Tank Service located out of Harper, KS].  Commissioner Kumberg said that given the amount of investment that we have made in our plant, we have the right to regulate and make changes in the process.  Mayor Taylor spoke of his concern of limiting businesses that may get several calls during the evenings and weekends because those are times when people experience sewer problems.  The proposed changes would limit their ability to service their customers.  Commissioner Meyer inquired about RV dumpers and how this change might impact them.  Russ Rambat stated that most of the RV customers already come to city hall and get a key.  RV patrons usually dump during the day before leaving town.  Commissioner Kumberg stated that we should be able to come up with an amicable solution for those emergency situations after hours.  Commissioner Skaggs felt that we should get input from the operators before implementing the changes.  Commissioner Skaggs asked where car washes dump the cleanout sludge from the car wash bays.  Police Chief Myers stated that in the past some were dumping into the Ninnescah River directly but now he believes some of them land apply and it is unknown what all of them are doing.  Commissioner Howard said that those car washes and even Septic Tank haulers do not know exactly what is in their loads.  Mr. Howard stated that we would go ahead and start with new locks and continue working on a process that would work for everyone, including use of the police department as an afterhours contact.

 

DISCUSSION ON HIGHWAY 54 AND HIGHWAY 281 PROPOSED PROJECT DESIGN:

 

City manager, Dave Howard referred to the letter that was received from KDOT (included in the packet) and to an overhead projected diagram of KDOT’s proposed changes to the intersection at First Street (Hwy 54) and Main Street (Hwy 281)  KDOT engineers are proposing 5 lanes going east and west on Hwy 54 to include turn lanes.  Their plan is to raise the elevation on the west side and shift everything east which would eliminate several areas of parking on the east side of Main in the 100 block.  Mr. Howard said he had suggested looking at using the traffic lights for more control of that intersection but KDOT did not appear to be receptive to that idea.  (Mr. Howard referred to a memo in the packet provided by KDOT summarizing the phone conversation between Terry Coder, PE and himself). KDOT would fund $800,000 towards the project if the commission chooses to move forward with the proposal. City manager, Dave Howard said that the letter is requesting the commission make a decision regarding the proposal. Commissioner Skaggs stated that if this is the only option, he did not feel that it would benefit the City. City manager Howard stated that it is his understanding that we accept KDOT’s proposal or leave the intersection as it is currently.  Mr. Howard believes that acceptance of the proposal would not solve the issues, but rather shift them to another area.  Mr. Skaggs feels that losing parking at Sanders Agency and the other businesses on the East side of Main Street in the first block would kill those businesses.  Mr. Howard said the engineer who designed the proposal is willing to come to a meeting to answer questions if the commission wanted.  The commission felt that KDOT does not seem to be open to flexibility and wanted them to understand how their proposal would affect Main Street.  Mr. Howard stated that these questions and concerns should probably be posed to the KDOT engineer unless the commission wanted to totally scrap the project.  The commission agreed to invite KDOT and their engineer to a future meeting to get their perspective and give it one more try to convince them that an alternate plan could be of benefit before totally scrapping the idea.

OPEN AGENDA:

 

Donna Rawlings came to the podium and stated that she was on the agenda for the last meeting and could not make it to the meeting so she was here tonight.  She spoke of organizing an old fashioned Park Day on July 4th in Lemons Park.  Ms. Rawlings asked the commission for approval to use the park and for their support.  The type of event that she is proposing is similar to one in her hometown (Hugoton) that has occurred for a number of years.  Ms. Rawlings has previously coordinated the organization of the park day in Hugoton and feels that is could be just as successful here in Pratt. She would like to get all community organizations involved. Each organization would have an opportunity to fundraise at the event and possibly donate a small portion of the proceeds back to grow the event or contribute to the fireworks display at the Lake or elsewhere. Mr. Howard mentioned that fireworks are not legal in the city limits so the event in the park could not include fireworks.  Ms. Rawlings was aware of that and discussed the importance of coordinating details with the City.   Her main concern would be parking and wondered if the grassy area to the west of Lemons (Llama area) could be used for parking.  City manager Dave Howard said that city staff could provide a map of Lemons Park and assist her with planning the layout of the event.  The commission was supportive of the idea and Ms. Rawlings plans to move ahead with organizing.

 

Luca Matei approached the podium and spoke of July 4th   as a national holiday and encouraged the commission to remember the meaning of the holiday.  He stated that the financial problems of a lot of people in our community hit his rental business very hard.  Mr. Matei comes to the city for help and asks the city to provide addresses to him of renters who have left him with a debt.

 

REPORTS:

 

City Manager:

 

• Power Outage

 

Mr. Howard spoke of the power outage across the City that occurred the other night at approximately 1:00 am.  He complimented the power plant staff that responded and worked until the power was restored city wide prior to 6:00 am when most people are waking up. 

 

• Tax Credit Application

 

City manager Howard reported that the tax credit application made by Mr. Mooney for renovation to the Parrish Hotel into multi-family rental units was being evaluated by the State and that a representative from KHRC was to be in Pratt on April 8th to look at the project.  He said that we have gotten positive feedback and a visit has been a good sign in the past.   

 

• Pilot Club Train Track Project:

 

Mr. Howard stated that the track repairs have been completed but that there are still some glitches to be worked out.  City staff is working on those issues.

 

• Hospital Lunch:

 

All commissioners are invited to a lunch on April 15th at the Hospital.  There will be legislators present so it may be a good luncheon to attend.

 

• Sandy Creek Development:

City manager, Dave Howard reported that pricing of the lots in Sandy Creek Development and signage is being completed. City staff is hoping to have those complete and report on at the next meeting or the first meeting in May.

 

The city manager ended his reports with a request for an executive session for attorney-client privilege regarding a possible land acquisition for approximately 10 minutes with no action expected.

 

Building Inspector:

 

Brad Blankenship, Inspector started his report by saying that he was glad to be back at work after being off for awhile from having a knee replacement. 

 

• Blighted Property:

 

Mr. Blankenship reported that the house next door to city hall had been demolished. The house at 207 S Taylor had also been taken down.  Mr. Jim Cline’s house is scheduled to be demolished Thursday or Friday.  Mr. Blankenship is still working with the Ibarra’s on their property that was damaged in the fire.   Commissioner Luke Kumberg inquired about the building on Main Street next To Woody’s.  Mr. Blankenship said that he had not been in contact with them in awhile so he would follow up on the status of cleanup that was in progress.  He pointed out that the building did meet our ordinance requirements of safety and security since the new owners had reinforced the roof and boarded it up.  Commissioner Skaggs suggested the inspector show the new owners what Mr. Meigs had done with his building and how new curb appeal had benefited them. 

 

• Sandy Creek Development Site Barrier:

 

The city inspector also reported that the Trees that were being moved to Sandy Creek Development as a site barrier was complete.  A drip watering system is in place and the trees are being watered.

 

Recreation Director:

 

• Streetscape:

 

Bruce Pinkall reported the Main Street Task Force has finalized design plans for the Main Street streetscape project.  The committee met 4 times and made a lot of decisions regarding brick colors,  poles, benches, trash receptacles and placement of planters.  Paul Stoner, engineer with EBH is  finalizing the drawings and once finished, those will be presented to the commission for final approval.  The estimated timeline is to begin the project in the spring of 2015.  The bid for the project is scheduled to be let in October 2014.  Commissioner Skaggs inquired about the Main  Street Park project and coordination efforts between the two projects.  City Manager Howard replied according to Alan Luttrell, who has taken on overseeing the park project, Smiley Concrete is supposed to start the concrete work soon.  Bruce commented that the task force had consulted with the park plans and coordinated the design.  He reported that the members of the force had been very dedicated and done an excellent job. 

 

• Tournament Season:

 

Bruce Pinkall, recreation director reported that tournaments at Green Sports Complex have begun with a full and busy schedule planned for summer.  Last weekend kicked off the season with a successful early tournament hosting 12 teams.  Bruce mentioned that the department was gearing up for the season and very excited to be chosen as host for the 4-A division 2 State High School softball tournament at the end of May. 

 

Electric Production:

 

• Power Outage:

 

Mr. Ernie Smith, power plant supervisor reported that the steam unit was commissioned exactly 50 years ago today and that the outage was caused by a glitch in a 50 year old machine.  Mr. Smith stated that the parts had been obtained and the steam unit had been repaired.  He mentioned that the power plant had been generating because Sunflower Electric needed to do some work on their substation and had to disconnect us from the grid to get that accomplished.  Mr. Howard added that we also took advantage of the situation to do some repairs on our system as well. Mr. Smith stated that we should be able to re-connect with Sunflower by the end of the week.

 

Commission Reports:

 

• First Responders Dinner:

 

Mayor Taylor reported that he had spoken at the American Legion first responder’s dinner.  He stated that all first responders of the community were invited and a large number of them were in attendance.  He said the event was nicely done, well attended and a very enjoyable evening.

 

• Welcome:

 

Newly appointed commissioner Doug Meyer said thank you and that he was glad to be serving as a commissioner

 

• Fincham Street Intersection:

 

Commissioner Gary Skaggs asked if there were any updates on the Fincham Street intersection.  City manager Dave Howard responded that there would be soon.

 

• Lot Boundary Dispute:

 

Commissioner Skaggs asked about the status of the boundary dispute.  Mr. Howard said that a court date had been set for the 15th and we had been advised that it would be best to let it go to court and see what a judge recommended for a solution.  Mayor Taylor asked if we were allowing construction on the site.  Inspector Blankenship responded that construction was not being allowed at this time and as of now, no permits have been issued.  A member of the audience interjected a correction of the court date as April 14th.  She stated that all they wanted was for the issue to be resolved and stated that the other party had put up a temporary fence.  City manager Dave Howard said he is hopeful that the judge will come up with a mechanism to resolve the dispute.

 

• Portable Speed Signs:

 

Commissioner Skaggs inquired whether the portable speed sign that had been discussed awhile back had been purchased yet.  Police Chief Gary Myers stated that it had been ordered and should be here in the next couple of weeks.

 

Electrical Department Appreciation:

 

Commissioner Kumberg thanked the electrical department employees for all they do to keep the power up and running.

 

EXECUTIVE SESSION:

 

Mayor Taylor made a motion to go into executive session at 6:58 pm for attorney –client privilege for 10 minutes with no expected action.

 

At 7:08 pm Mayor Taylor made a motion to come out of executive session with nothing to report. The motion was seconded by Commissioner Skaggs and passed 4-0. 

 

ADJOURN:

 

Commissioner Skaggs moved to adjourn the meeting.  Motion seconded by Commissioner Luke Kumberg. Motion carried unanimously. 

 

Meeting Adjourned.

__________________________________
JEFF A. TAYLOR, Mayor

 

(SEAL)

 

ATTEST:
___________________________________
LUANN KRAMER, City Clerk

 

04/21/14-City Commission Meeting Agenda

MONDAY

APRIL 21, 2014

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 07, 2014  Regular City Commission Meeting

5.         BUSINESS:

5.1           Presentation of KDOT’s Highway 54 and Highway 281 Proposed Project Design – Terry Coder, Project Engineer; Brian Gower, KDOT (Overhead project design plans will be available for viewing and discussion at the meeting)

5.2           Consideration and Approval of Board Appointments to the Pratt Public Library Board – Rochelle Westerhaus, Library Director

5.3           Consideration and Approval for Use of Lemon Park on July 12, 2014 for the Pratt Young Professional’s 3^rd Annual Movie in the Park – Michael Younger, PYP President

5.4           Consideration and Approval of Bids for Construction of Phase #1 and Phase #2 of the Pratt Linear Park Trail – Bruce Pinkall, Recreation Director

5.5           Consideration and Approval of Bids for Replacement of 902 Sq. Ft. of the Walking Path (Sidewalk) in Lemon Park – Russell Rambat, Public Works Director

5.6           Consideration and Approval of Resolution 042114 Providing for the Adoption of an Omnibus Continuing Disclosure Undertaking Relating to Obligations Issued and to be Issued by the City of Pratt, Kansas – Gilmore & Bell, P.C.; Diana Garten, Finance Director

5.7           Consideration and Approval to Adopt the Omnibus Continuing Disclosure Undertaking – Gilmore & Bell, P.C.; Diana Garten, Finance Director

5.8           Discussion on Pratt Airport Authority and Machinery Link’s Request for Financial Assistance – Reid Bell, Airport Mgr.; Steve Maechtlen, Airport Authority Board; Lance Loehr, Machinery Link

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

3/17/14-Approved City Commission Meeting Minutes

MONDAY

MARCH 17, 2014

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                 Chief of Police
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.

INVOCATION AND PLEDGE OF ALLEGIANCE:

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

MINUTES:

Commissioner Hlavachick made a motion to approve the minutes of the March 07, 2014 regular Commission meeting.  The motion was seconded by Commissioner Skaggs and carried unanimously.

BUSINESS:

PROCLAMATION FOR MARCH 2014 BEING ‘AMERICAN RED CROSS MONTH’:

Mayor Taylor recognized Mr. Robert Torres as the representative for the Red Cross.  Mr. Torres thanked the Commission for their past support and stated that the blood mobile would be in town on Thursday.  Mayor Taylor read the proclamation and the Commissioners and Mr. Torres joined the Mayor for a picture.

CONSIDERATION AND APPROVAL FOR A JULY 4^TH PARK DAY IN LEMON PARK:

Mayor Taylor tabled this item until later in the meeting due to the absence of Ms. Donna Rawlings.

DISCUSSION ON MAPLE STREET ACTIVITY ENVIRONMENT:

Mr. DeWayne Bryan, Pratt Health Foundation Executive Director, commended the City for putting the bike signs up so quickly.  Mr. Bryan stated that that went along with the Maple Street Activity Environment and he explained that he was working with Pratt Community College in writing a grant that would help with the connection components from Maple Street to the college.  Mr. Bryan stated that they would be contributing $25,000 to the construction of the sidewalks and he wanted to make sure that the City approved of that improvement.  City Manager Howard commented that the Maple Street sidewalks had been part of a larger project.  Commissioner Skaggs questioned if they would be on the north side of Maple Street.  Mr. Howard stated that it would make more sense to put them on the south side, but they had not really talked about which side would work better.  Mayor Taylor commented that the motel would make it too busy; however, the church would not be as busy. 

Commissioner Skaggs questioned if there would be paved areas as you walk north to the college on Highway 61.  Mr. Howard stated that we owned the paved road and it would almost get you to the college, but there were other issues that needed to be worked out to make it a true connection point.  Mr. Bryan commented that the college was working on getting from PCC to the highway.

Commissioner Detwiler stated that there were a lot of collective lengths on Sixth Street, but there was no place to walk to get off of the street.  Mr. Howard explained that this would be matched with grant money, but we would have to do Sixth Street with City funds.  Commissioner Detwiler commented that there was a bike path on Sixth Street.  Commissioner Skaggs stated that there was concern all over town.  Commissioner Kumberg questioned if there would need to be special consideration for crossing over the highway.  Mr. Howard explained that they would have to talk to KDOT.

Mr. Bryan stated that this was not a sure thing yet.  Commissioner Skaggs commented that he would encourage them to go ahead with the grant and we would share with expenses.  Mr. Bryan stated that they should know something by the end of May.  Commissioner Skaggs made a motion for the City to partner with the Pratt Health Foundation and their proposals to place a sidewalk on the north side of Maple Street from Highway 61 to the Maple Street bridge.  The motion was seconded by Commissioner Hlavachick and carried unanimously.

CONSIDERATION AND APPROVAL OF REPLACEMENT APPOINTMENT ON THE AIRPORT AUTHORITY BOARD:

City Manager Howard informed the Commission that Mr. Bob Blasi had resigned from the Airport Authority Board for business reasons.  Mr. Howard stated that the board recommended Mr. Taylor Briggs for his replacement.  Mr. Howard added that Airport Manager Reid Bell informed him that there would be two more terms up next month and the board wanted the Commission to have time to think about replacements.  Commissioner Kumberg made a motion to approve the appointment of Mr. Taylor Briggs from the First State Bank to finish out Mr. Blasi’s term on the Airport Authority Board.  Commissioner Detwiler seconded the motion and it carried unanimously.

CONSIDERATION AND APPROVAL OF ORDINANCE 1406 AMENDING THE ZONING CLASSIFICATION IN THE EASTVIEW ADDITION:

City Attorney Ken Van Blaricum explained that the property north of Cooper Tire had been rezoned in 2007 and was owned by Mr. Clyde Williams.  Mr. Van Blaricum commented that the rezoning had been approved by the Planning and Zoning Commission and it was brought to the City Commission for their approval.  Mr. Van Blaricum stated that the 2007 ordinance did not have the zoning changes in it, so we were correcting that with this ordinance.

The following Ordinance 0406 was then presented to the Commission for their approval:  AN ORDINANCE AMENDING THE ZONING CLASSIFICATION OF BLOCK TWO (2) EXCLUDING THE NORTH NINETY FIVE FEET (95’) AND THE SOUTH ONE HUNDRED FEET (100’), EASTVIEW ADDITION TO THE CITY OF PRATT, KANSAS, UNDER THE AUTHORITY GRANTED IN THE ZONING AND SUBDIVISION REGULATIONS AS INCORPORATED INTO THE CODE OF THE CITY OF PRATT, KANSAS.  Commissioner Kumberg made a motion to approve Ordinance 0406 amending the zoning classifications of Block Two (2) excluding the north ninety five feet (95’) and the south one hundred feet (100’), Eastview Addition to the City of Pratt, Kansas, under the authority granted in the zoning and subdivision regulations as incorporated into the code of the City of Pratt, Kansas.  The motion was seconded by Commissioner Skaggs and carried unanimously.

CONSIDERATION AND APPROVAL OF AGREEMENT WITH KDOT FOR THE NORTH MAIN STREET GEOMETRIC IMPROVEMENTS:

Public Works Director Russell Rambat informed the Commission that KDOT had sent the City a standard agreement for the 2016 Geometric Project, if we decide to move forward with it.  Mr. Rambat explained that the project was from Blaine Street to the RR tracks.  Mr. Rambat commented that EBH, the City Attorney and City staff had reviewed the agreement and all we would need to do would be to get an engineering contract and get started.  Mayor Taylor stated that he had heard good comments about the little stretch we had done and they wanted to know when we would be doing the next one.  Commissioner Detwiler questioned if there would be anyway to reroute traffic during the project.  Mr. Howard stated that they would be rerouting the semis.  Commissioner Hlavachick made a motion to approve the agreement with KDOT for the Geometric Improvements.  Commissioner Skaggs questioned if we had the money.  Mr. Howard stated that this was a planned project, so the money was there.  Commissioner Skaggs seconded the motion and it passed unanimously.  Mayor Taylor asked if our portion was around $338,000.  Mr. Rambat stated that it ended up being about a 90/10 split plus engineering costs.

CONSIDERATION AND APPROVAL OF RE-APPOINTMENT OF DAVE HOWARD AS DIRECTOR #2 ON THE KMEA BOARD OF DIRECTORS:

City Manager Howard stated that this was the reappointment of Director #2 on the KMEA Board of Directors and that happened to be him.  Mr. Howard explained that Commissioner Hlavachick was Director #1 and Director of Electric Utilities Hemphill was a permanent member.  Commissioner Hlavachick made a motion to reappoint Mr. Howard as Director #2 on the KMEA Board of Directors.  The motion was seconded by Commissioner Skaggs and carried unanimously.

 DISCUSSION ON SUMMIT ADDITION ISSUE:

City Manager Howard informed the Commission that he had attended the County Commission meeting along with Mr. Homer Gilson concerning a fence line dispute in the Summit Addition.  Mr. Howard stated that the surveyors were working there now and he explained that Mr. Gilson was appointed as the temporary County surveyor and that gave him the right to do the survey. 

Mr. Howard commented that the existing plat had been subdivided and we were waiting to see how the survey reflects to the original plat.  Mr. Howard stated that this could turn into quite a problem.  Commissioner Skaggs questioned if these were 50’ lots.  Mr. Howard stated that he could not speak for sure, but the lots were done in the 1940’s during the war and were not platted.  Public Works Director Rambat commented that this would give everybody a starting point.  Commissioner Kumberg questioned what the liability was to us.  Mr. Howard stated that it would be the expense of a surveyor, which would be around $5,000 to $7,000.

Commissioner Hlavachick questioned how this all came about.  Mr. Howard stated that it was a property dispute.  Commissioner Skaggs asked if being the temporary surveyor gave him precedence.  Mr. Howard stated that it did.  Mr. Howard added that Kansas was the only State that gives the County the power to appoint a surveyor.  Mayor Taylor questioned if the landowners would have to be notified.  Mr. Howard stated that they would not, but Mr. Gilson would be talking to them and he wanted to go out of his way to accommodate the owners.  City Attorney Van Blaricum stated that he had visited with Mr. Gilson and he had commented that it was off a few feet when it was done.  Commissioner Skaggs stated that there had to be points of reference.  Mr. Van Blaricum commented that there were some points, but they were off.  Mr. Howard added that they had located the points, but it was possible that there was a survey done in 1948 and the error was never caught, so future surveys were done off of that.  Mr. Van Blaricum stated that time had a way of curing problems like this, so there should not be much exposure.

OPEN AGENDA:

No one in the audience wished to address the Commission. 

REPORTS:

City Manager:

 
·         KDOT Meeting:

Mr. Howard commented that there was a good meeting with KDOT over Fincham Street and they were very open to realizing that it may not be a problem now, but could be in the future.  Commissioner Skaggs questioned how many feet it would have to be moved if they wanted to align the Wal-Mart entrance and Fincham.  Mr. Howard stated that it was 30’ to align with the south and 300’ north.

Mr. Howard explained that there was a business that had a contract on the land west of Fincham and that would increase traffic in that area.  Mr. Howard added that KDOT would do what they could for us.  Commissioner Skaggs questioned if they had discussed a stop light.  Mr. Howard stated that we would prefer to do that, but they had requirements, which we exceeded.  Mr. Howard commented that EBH Engineering would be prepared to do that in the design.

 City Attorney:

·         Trampolines:

Mr. Van Blaricum stated that he had researched laws on trampolines being anchored down and he could not find any ordinances dealing with that.  Mr. Van Blaricum commented that it would make sense to anchor a trampoline down in the windy State.  Mr. Van Blaricum commented that this could be a civil matter between neighbors and a trampoline smashing into a car or house might be liability for the owner.  Mr. Van Blaricum explained that a tornado or straight line wind might be called an act of God or nature and there may not be any liability.  Mr. Van Blaricum suggested that a remedy could be taking the situation to small claims court where you could sue for up to $4,000.  Mr. Van Blaricum added that most home owners insurance exclude trampolines because of injuries or it going on to other property.  Commissioner Skaggs commented that this could go for any type of back yard equipment.  Mr. Van Blaricum stated that that was correct.

Public Works/Inspections:

 
·         Train track:

Mr. Rambat stated that he had been helping out the inspection department while Mr. Blankenship was out and Mr. Brian Arensdorf had finished laying the train tracks at the Pilot Club Express.  Mr. Rambat commented that they would like to make a few trial runs this week.  Commissioner Detwiler stated that she could do that on Thursday.  Mr. Rambat stated that they would pay Mr. Arensdorf after it checked out okay.

·         Water Main at Lemon Park:

Mr. Rambat stated that they had gotten started on the first phase of the water main in Lemon Park, but they would probably not be there every day.

·         Nature Trail:

Mr. Rambat stated that Mr. Russell Grave had cleared the under grove on the nature trail and the park department would be clearing the actual trail.  Mr. Rambat explained that Park Superintendent Eckhoff had a Scout that wanted a project, so they would be working on remapping and redoing identifiers. 

Commissioner Detwiler thanked Mr. Rambat for the speed limit sign as you go in the park.  Commissioner Detwiler stated that there were some out of town people that went out of the park the wrong direction after a college game and she suggested putting up one way signs as a reminder.

Electric Departments:

 
·         Outages:

Mr. Hemphill stated that they had not experienced many outages during the wind last week.

·         Generating:

Mr. Hemphill commented that the power plant would be operating the steam unit from the 26^th of March through the 14^th of April.

Recreation:

·         Task Force:

Mr. Pinkall stated that they had had a meeting with the Main Street Task Force on Tuesday and there had been a lot of discussion on brick colors, patterns and types of trash cans and benches.  Mr. Pinkall commented that it was a good discussion and they would be meeting again a week from tonight.  Mr. Pinkall added that this process would continue so that they could get things figured out and EBH could do their part.  Mr. Pinkall stated that we had to have our decisions in by summer so the project could be let in October for the 2015 Streetscape Project. 

Mr. Pinkall commented that they would finish the details with the task force on the time frame and where to start the project and doing work on one side at a time.  Mr. Pinkall stated that they would work around Miss Kansas and the sidewalk sale.  Mr. Pinkall explained that the task force had to pick three acceptable benches and trash receptacles and that would be part of the bid process.  Commissioner Skaggs questioned the expansion joints against the owner’s building that had been put in forty years ago and whether those would be pushed in.  Mr. Pinkall stated that they had not discussed that, but he would talk to EBH about it. 

Commissioner Skaggs commented that some of the trees in the planters were not in bad shape and questioned if those could be replanted in the parks.  Mr. Pinkall stated that they were going to try and recycle what could be.  Mr. Pinkall commented that Ms. Barb Harris was part of the task force and would be helping with that.  Commissioner Kumberg questioned where we would work in the Pratt Master Gardeners.  Mr. Pinkall stated that they would be added to the group for their knowledge, but not for maintenance.

 ·         Fun Run in Lemon Park:

Mr. Pinkall informed the Commission that there was a group that wanted to do a 5K Fun Run in Lemon Park on March 29^th and they would be starting and finishing in the park.  Mr. Pinkall commented that the course through town would be supervised by parents and softball team members.  Mr. Pinkall stated that he had already visited with Police Chief Myers.  The Commission had no problem with the event.

 
·         Upgrade at Dickerson:

Mr. Pinkall stated that the back stop was in place at Dickerson Field and the fencing was done around the dugouts.  Mr. Pinkall added that the covers would follow shortly.  Mr. Pinkall informed the Commission that Younie Landscaping would be working on the sprinkler system in the next week to ten days.  Mr. Pinkall commented that they would move to Sixth Street later.

Commissioner Skaggs questioned if we were trying to make Lemon Park safer by removing the trees between the parks.  Mr. Howard stated that that was in the preliminary six year plan concerning what we wanted to do with the old llama land and the new area, but they were still cleaning up that area.  Commissioner Detwiler commented that some people were hoping that the east end of the horse property would be a dog park.  Commissioner Kumberg questioned what the plans were for the railroad.  Mr. Howard explained that he had looked into that and it would take seven years to abandon that track and he was not sure they wanted to do that.

Mayor and Commission:

·         Zerger Park:

Commissioner Detwiler questioned if the sidewalk in Zerger Park was being repaired.  Mr. Rambat stated that they had measured it and were waiting on numbers and then they would get someone on board.

 
·         6^th Street crosswalk:

Commissioner Detwiler questioned if they were still going to paint a crosswalk on Sixth Street.  Mr. Rambat stated that they were.

 
·         Habitat all gone:

Commissioner Detwiler commented that she was disturbed with the new look in the park and the habitat being all gone.  Commissioner Hlavachick stated that there had not been that many critters in there and that they were coming down the railroad tracks.  Commissioner Hlavachick added that it would be a long term benefit to the park.  Commissioner Detwiler stated that they had cleared out all the shrub where the Christmas decorations were stored and it had all come back.  Mr. Rambat stated that he had gotten the right chemical to control that and they were waiting for it to green up.  Commissioner Detwiler questioned if they were going to plant anything back in there.  Commissioner Hlavachick stated that they were.

 
·         Watering the diamonds:

Commissioner Detwiler questioned why we were watering the diamonds with all the moisture we had had.  Mr. Pinkall stated that they had been fertilizing and over seeding, but it had been shut off now.  Mr. Pinkall added that watering on the college field was managed by them.

 
·         Tree trimmers:

Commissioner Hlavachick questioned if we had contracted tree trimmers.  Mr. Rambat stated that we did.  Commissioner Hlavachick commented that a property owner on Oak Street felt that his tree was targeted.  Mr. Rambat stated that ours was an arborist and it had been done correctly.  Commissioner Hlavachick stated that the owner had told him that he was never contacted.  Mr. Rambat stated that that had been corrected.

 
·         WWTP:

Commissioner Skaggs questioned if the wastewater upgrade was in the final phase.  Mr. Howard stated that there was a little tweaking to do and the sludge had to settle out.  Commissioner Skaggs asked if we had delivered a load to the landfill.  Mr. Rambat stated that we had taken out a couple of loads. 

 ·         Lot price in Sandy Creek:

Commissioner Skaggs questioned where we were on getting a lot price at Sandy Creek Addition.  Mr. Howard stated that the weather and other projects had delayed that, but they were going to get back on it.  Mr. Howard added that the cost would be around $32,000 to $35,000 and there could be an offer of a 5% break if it was paid in full or a person could do twenty years and specials.  Commissioner Skaggs asked about the sign.  Mr. Howard stated that they were working on the sign.  Commissioner Skaggs asked if we were going to be getting more cedars on the south side.  Mr. Rambat stated that we were, but the gentleman had hurt his back, but we were at the top of his list. 

·         Septic dumps in 6^th Street:

Commissioner Detwiler questioned if the septic dump trucks were being charged a fee to dump in Sixth Street.  Mr. Howard stated that they were.  Mr. Rambat added that there was a key for the site and nobody had that.  After more discussion, Mr. Rambat stated that he would get a new pad lock and there would be keys here and the Police Department.

ADJOURN:

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

 ______________________________________

JEFF A. TAYLOR, Mayor

ATTEST:
                 

________________________________________

LUANN KRAMER, City Clerk