MONDAY
OCTOBER 05, 2015
The
Governing Body of the City of Pratt met in Regular session in the Commission
Room located in City Hall.
PRESENT:
Lucus Kumberg Mayor
Bill
Hlavachick Commissioner
Jeff
Taylor Commissioner
Gary
Skaggs Commissioner
Doug
Meyer 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 Kumberg. The Mayor instructed the Clerk to note that
all Commissioners were present.
The
Mayor reminded the audience that this meeting may be taped and/or recorded.
INVOCATION AND PLEDGE
OF ALLEGIANCE:
Mayor
Kumberg led the staff and audience in the invocation and the Pledge of
Allegiance.
MINUTES:
Commissioner
Skaggs made a motion to approve the minutes of the September 21, 2015 regular
Commission meeting. The motion was
seconded by Commissioner Meyer and carried unanimously.
BUSINESS:
INFORMATION ABOUT
UPCOMING LIVE BRONZE POUR DEMONSTRATION ON OCTOBER 24th:
Ms.
Brittany Novotny, Vernon Filley Art Museum Director, informed the Commission that
they were having a very exciting event two weeks from Saturday. Ms. Novotny commented that there would be a
live bronze pour, as well as revealing the donation to the Art Museum from Ms.
Barbara Shinkle. Ms. Novotny noted that
the pour would be loud and hot, but the fire department would be available. Ms. Novotny added that they would also have a
20’ X 40’ tent in case of bad weather and a three foot fence to keep people
from getting too close. Ms. Novotny
added that they would also be serving hamburgers and hot dogs. Commissioner Skaggs questioned if they would
need a few trash containers. Ms. Novotny
stated that they would. After little
more conversation, the Commission thanked Ms. Novotny for letting them know
about the event.
CONSIDERATION AND APPROVAL OF
LOW BID FOR ONE 2000 KVA 7200V PADMOUNT TRANSFORMER:
Power
Plant Superintendent Bryan Evans informed the Commission that they had gone out
for bid for the main transformer for Unit #5.
Mr. Evans stated that this transformer would be bigger and would go
outside the building. Commissioner
Skaggs questioned if we would have to have a separate building. Mr. Evans explained that there would be a
separate padmount. Commissioner Taylor
asked if the old one was reusable. Mr.
Evans stated that it was contaminated; therefore, it was out on the loading
dock ready to be picked up and destroyed.
City Manager Howard stated that the cost of picking it up had already
been approved since it was under his authority.
Commissioner Taylor made a motion to approve the purchase of one 2000
KVA 7200V padmount transformer from Stanion Wholesale Electric Company for
$22,650 plus sales tax. The motion was
seconded by Commissioner Hlavachick and carried unanimously.
CONSIDERATION AND APPROVAL OF
GRANT OF EASEMENT AT THE PARRISH LOFTS TO KANSAS GAS SERVICE:
City
Manager Howard stated that this was a Grant of Easement for Kansas Gas Service
and was located at the Parrish Lofts.
Mr. Howard explained that this was a 2” gas line that would be moved ten
to twenty feet to the north.
Commissioner Skaggs questioned if this was for them to actually move now
or for future use. Mr. Howard stated
that they were actually moving it and they would return the pavement to the
current state or better. Commissioner
Skaggs asked if the alley was asphalt now.
Public Works Director Rambat stated that it was. Commissioner Meyer asked if this would
interfere with the Parrish progress. Mr.
Howard explained that it runs under it, but they needed more for cover
requirements. Building Inspector
Blankenship added that the problem was how far down they had to go since there
was a lot of crushed rock under it.
Mayor Kumberg
questioned if this would be the only gas line in this easement. Mr. Blankenship stated that it would be. Commissioner Skaggs asked if they would
remove the old line. Mr. Howard stated
that they probably would not. Mr.
Blankenship explained that the line goes under the chiller now and it had never
been an easement. Mr. Blankenship added
that it would have never been brought up except for the parking lot being
there. Commissioner Skaggs made a motion
to grant Kansas Gas Service the 20’ easement on the south side of Lot 15 at the
Parrish project to put in a new gas line.
The motion was seconded by Commissioner Taylor and carried unanimously.
CONSIDERATION AND APPROVAL OF
THE REPLAT OF LOT 2, BLOCK 1 OF THE EAST ADDITION TO PRAIRIE PARKWAY BUSINESS
PARK:
Mr.
Howard stated that this was the plat at the Business Park that the Commission
had already seen and it had been replated several times. Mr. Howard explained that this had been
driven by the tower down in the southeast corner of the plat. Mr. Howard commented that there was a company
interested in buying the two larger lots on the left side of the drawing and
there were no plans for improving the roads.
Mr.
Howard commented that, once the plat was signed by the County, we would have a contract
of sale for this property. Commissioner
Hlavachick questioned if Prater Oil was going to use it for storing
equipment. Mr. Howard stated that they
were going to build a building.
Commissioner Hlavachick made a motion to approve the replat of Lot 2,
Block 1 in the Prairie Parkway Business Park.
The motion was seconded by Commissioner Meyer and carried unanimously.
OPEN AGENDA:
No one
in the audience wished to address the Commission.
REPORTS:
City Manager:
·
Downtown Lights:
City
Manager Howard informed the Commission that the downtown lights were out over
the weekend and it was due to a grounding issue. Mr. Howard stated that it had been
corrected. Commissioner Taylor
questioned if the traffic lights would be synchronized soon. Mr. Howard stated that they would be.
·
Executive Session request:
Mr.
Howard requested an executive session at the end of the meeting to last thirty
minutes for a confidential matter relating to a financial affair dealing with a
second party and was an economic development issue. Mayor Kumberg inquired if it would be for
attorney/client privilege. Mr. Howard
stated that that was correct.
City Attorney:
·
Bike riders and rules of the road:
City
Attorney Van Blaricum stated that he had been looking at the traffic ordinances
and how it effects bike riders and the rules of the road. Mr. Van Blaricum commented that there needed
to be some improvements so that a person riding a bike in Pratt follows the
same laws as a vehicle. Mr. Van Blaricum
explained that, if a bike runs a red light and tries to get away from an
officer, it would not be a misdemeanor to allude that officer since they were
on a bike and not in a vehicle.
Commissioner Meyer asked if we could modify the ordinance. Mr. Van Blaricum commented that we could
amend the standard ordinance that approves using the League of Kansas
Municipalities Standard Traffic Ordinances book and the amendment would include
bike riders being arrested if they are stopped and then flee.
Commissioner
Taylor questioned if the officer could ask for identification if they were
stopped for running a red light. Mr. Van
Blaricum stated that they could. Mr. Van
Blaricum explained that, if a vehicle is stopped for running a red light and
there was a strong odor of alcohol, which could go from an infraction to a
felony. Commissioner Skaggs asked if
they could not search a back pack when they stop a drug runner. Mr. Van Blaricum stated that the officers
could not arrest them or search them if they could not see the crime being
committed. Commissioner Skaggs
questioned if Mr. Van Blaricum had any proposals yet. Mr. Van Blaricum stated that he did not and
he was not sure if it would be in the form of a regular ordinance or if it had
to be a charter ordinance.
·
City Attorney’s meeting:
Mr. Van
Blaricum stated that he would be at a City Attorney’s meeting on Friday and he
would be checking into term limits and elections. Mayor Kumberg commented that there was an
email from Mr. Michael Koss from the League in our packets concerning April
elections. Mr. Van Blaricum commented
that he hoped to tie it down after this weekend.
Public Works:
·
Highway 54 project:
Public
Works Director Rambat stated that APAC had finished the mill and overlay on
West Highway 54 and they would be striping it tomorrow.
·
Avenue of Flags:
Mr.
Rambat commented that Arensdorf Construction had dropped off their backhoe at
the Avenue of Flags, so he expected them to get started on that project in a
week or so.
·
North Main Project:
Mr.
Rambat stated that Bryant and Bryant Construction was beginning to set up
traffic control for the North Main Street project and they would begin that
project when they finished out the downtown project. Mr. Howard added that they had about twelve
to fourteen days left on South Main Street.
Mr. Rambat stated that they were getting the truck bypass set up and we
would see more in the middle of town as time gets closer. Mr. Howard added that today was the actual
start date, but it might be a week before they really get started. Recreation Director Pinkall stated that there
was signage coming around Highway 61.
Mr.
Rambat stated that there were five or six ADA ramps that would be taken out and
removed or relocated and locates had already been called in for those. Commissioner Skaggs questioned whether the
residential water lines on the west side of North Main Street would be
replaced. Mr. Howard stated that we bore
residential lines when we do them and that waterline was about ninety years old. Mr. Rambat commented that we had very little
trouble with that main, but there would be plenty of room to dig it up. Commissioner Skaggs asked where the east main
line crossed. Mr. Rambat stated that it
used to tie into the Hot and Cold Towers, but it was cut down the north side of
Maple Street and down to the Champa Street tower. Mr. Howard explained that all of that had
been straightened out during the Ethanol Plant project.
·
Country Club Railroad Tracks:
Mayor
Kumberg stated that he had been asked if we could do anything about the
railroad tracks on Country Club Road.
Mr. Rambat stated that he had met a railroad representative down there
and it was of their opinion that it was not bad enough to work on. Mr. Rambat commented that he would be happy
to try again. Mr. Rambat reminded the
Commission that they had put the pedestrian crossing in down there a few months
ago that tied into our sidewalk project.
Inspection Department:
·
Parrish tour:
Commissioner
Skaggs questioned if the Commission would be able to get another tour of the
Parrish Lofts before people move in.
Building Inspector Blankenship stated that he would see what he could
do. Commissioner Taylor asked if they
would be having an open house. Mr.
Howard stated that there was nothing official planned, but they would check on
it. Mayor Kumberg stated that there was
a lot of public interest and it would be a good idea. Mr. Blankenship commented that the first and
second floor were about the same as the rest.
Commissioner Taylor suggested the City furnish the refreshments if they
would consider doing an open house. Mr.
Blankenship stated that that would be through the owner and not the contractor.
Recreation Department:
·
South Main project:
Recreation
Director Pinkall stated that the contractor had completed all the concrete
pours on South Main Street and they were doing crack sealant and other little
things to finish up the project. Mr.
Pinkall added that the other lights had been installed. Commissioner Skaggs questioned when the
landscaping and trees would be added.
Mr. Pinkall stated that it would be this fall and probably closer to the
end of October. Mr. Pinkall commented
that they had the dirt and peat moss in the boxes, but they still needed to do
training with the City employees on the irrigation system.
·
North Main project:
Mr.
Pinkall stated that letters had been mailed out to all owners and persons
residing on North Main Street as well as on Jackson Street and Ninnescah Street
concerning the potential traffic situations.
Mr. Pinkall added that he had also visited with the Senior Center, postal
service and USD 382 so that they could navigate their routes.
Mr.
Howard added that the bricks from this project would be stored at the
Industrial Park so that it would be easier for people to get to them. Commissioner Hlavachick stated that that was
a good idea, because there were people with half built patios that needed more
brick. Mr. Howard stated that the gate
would be left open once hauling was done, but no commercial businesses would be
allowed to take the bricks.
·
Sound system at Municipal Building:
Commissioner
Taylor questioned if we could do something about a nicer sound system at the
Municipal Building. Commissioner Taylor
added that someone at the 75er’s dinner had told him that they could not hear
what was going on. Mr. Pinkall stated
that he thought they had fixed that by adding speakers on the stage so that the
sound comes from head height and not just from above.
Police Department:
·
Bike riders and back pack issue:
Police
Chief Myers commented that he had called around to other jurisdictions
concerning the bike riders and backpacks and this was not just a problem in
Pratt. Chief Myers stated that more and
more people were carrying backpacks and that creates a law enforcement
issue. Chief Myers explained that
officers could pat someone down for their safety, but there was a difference in
a pat down and a search. Chief Myers
stated that there had to be beyond reasonable suspicion before searching a
suspect or probable cause. Chief Myers
added that people were getting smart and carrying backpacks. Chief Myers commented that the officer had no
right to look in the bag since it was separate from the person. Chief Myers stated that we needed to work on
how to combat this, because it was a community concern.
Commissioner
Taylor commented that we should be contacting our legislature since this was a
problem in the community. Commissioner Taylor
added that they could write a law that a pat down and search of a backpack was
legal. Commissioner Taylor stated that
the person carrying the backpack sees the search as an invasion of rights and
he did not see it that way. Commissioner
Skaggs questioned if the bag could be searched if it was on the person. Chief Myers stated that it would be a closed
container and they could claim that it was an unreasonable search.
Finance Department:
·
Sales tax:
Finance
Director Garten stated that sales tax was down again for September, but not as
much. Ms. Garten commented that we were
down $81,000 for the year. Mayor Kumberg
commented that that coincides with the drop nationwide.
Mayor and Commission:
·
Downtown Park update:
Mayor
Kumberg questioned where we were at on the downtown park project now that the
Parrish Lofts and the downtown project were near completion. EBH Engineer Mike Youngers stated that he had
been working with Ms. Carol Stull and they were working on getting bids from
local contractors to see what they were willing to put into the project.
·
Postal Drop Boxes:
Commissioner
Skaggs questioned what the additional drop box was for at the Dillon’s postal
drop area. Mr. Howard stated that he did
not know, but there had not been any complaints about that intersection. Mr. Pinkall stated that he would check on it.
·
Day at the LEC:
Commissioner
Meyer stated that he had had the opportunity to spend part of a day with law
enforcement. Commissioner Meyer thanked
Chief Myers and added that the staff had been very accommodating and he had
learned a lot. Commissioner Meyer stated
that he had one hundred percent confidence in our highly trained police
department. Commissioner Meyer added
that Chief Myers had hired good folks that love their job and they had all made
reference to being able to attend the academy.
Commissioner Meyer explained that our officers were polite and
respectful and most citizens were law abiding people. Commissioner Meyer commented that there were
others that did not want to comply with our laws and the police knew who they
were and where they were. Commissioner
Meyer added that they did not hesitate to arrest a person and put them in
jail. Commissioner Meyer encouraged
anyone to go visit the LEC and he felt that the public should be involved in
law enforcement. Commissioner Meyer also
commented that he would like to see someone take on getting the Crime Stoppers
program back and a Neighborhood Watch program.
Commissioner Meyer added that he was very encouraged with what he saw.
·
LEC Meeting:
Mayor
Kumberg stated that it was determined that all the issues at the last joint LEC
meeting two years ago had been taken care of, such as the dispatch area and the
phone system. Mayor Kumberg added that
it was a good meeting.
·
Executive Session:
Mayor
Kumberg made a motion to go into executive session for attorney/client
privilege to last thirty minutes with nothing to report. The motion was seconded by Commissioner Hlavachick
and carried unanimously.
Upon
return, proper motion and second were made to return from executive session
with nothing to report. The motion and
second passed unanimously.
ADJOURN:
The
meeting was adjourned upon proper motion,
______________________________
LUCUS KUMBERG, Mayor
ATTEST:
_______________________________
LUANN KRAMER, City
Clerk