MONDAY
DECEMBER 05, 2016
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:
Roy
Eckert 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
Jamie
Huber Director of Electric
Utilities
Bruce
Pinkall Recreation Director
CALL TO ORDER:
The
regular meeting was called to order by Mayor Kumberg. The Mayor instructed the Clerk to note that
all Commissioners were present.
The
Mayor reminded the audience that this meeting may be taped and/or recorded.
INVOCATION AND PLEDGE
OF ALLEGIANCE:
Commissioner
Taylor led the staff and audience in the invocation and Mayor Kumberg led the
Pledge of Allegiance.
MINUTES:
Commissioner
Hlavachick made a motion to approve the minutes of the November 21, 2016
Special Call meeting, the November 21, 2016 regular Commission meeting and the
November 30, 2016 Special Call meeting.
The motion was seconded by Commissioner Meyer and carried unanimously.
BUSINESS:
CONSIDERATION AND
APPROVAL ON PUTTING UP FLAGS ON MAIN STREET TO PROMOTE TOWN SPIRIT FOR SPORTING
EVENTS:
Ms.
Lori Myers, Pratt High School Counselor and Booster Club President, addressed
the Commissioners concerning flags being put up downtown on Main Street. Commissioner Taylor asked if they were flags
that would go where we put the American flags.
Ms. Myers stated that was correct and they had discussed about who would
put them up and take them down, which they had decided that they would do
that. Ms. Myers commented that the college
and Skyline had also been asked if they were interested and the College was,
but Skyline declined.
Mayor
Kumberg questioned if they could integrate the seasonal banners as well. Public Works Director Rambat stated that they
involve a bucket truck to change.
Commissioner Skaggs questioned if the American flags were put up really
early of a morning. Mr. Rambat stated
that they were and then they avoided the downtown traffic. Recreation Director Pinkall asked that they
coordinate with the size of the flag and poles that were there. Ms. Myers stated that the softball team was
going to be selling flags and they would be purchasing those. Mr. Pinkall stated that the American flag would
always take precedence. Ms. Myers stated
that they would stay in contact with the City as events were coming up. Commissioner Meyer made a motion to approve
the Booster Club putting up flags on downtown Main Street. The motion was seconded by Commissioner
Taylor and carried unanimously.
CONSIDERATION AND
APPROVAL OF THE 2017 CEREAL MALT BEVERAGE APPLICATIONS:
Police
Chief Myers stated that all the merchants that sell cereal malt beverages had submitted
their applications for their 2017 license except Woody’s. Chief Myers added that they had all met the
requirements and passed their back ground checks; therefore, he recommended the
Commission approve the 2017 Cereal Malt Beverage licenses. Commissioner Skaggs made a motion to approve
the applications for the 2017 Cereal Malt Beverage licenses for 2017 as
presented. The motion was seconded by
Commissioner Taylor and carried unanimously.
CONSIDERATION AND
APPROVAL OF THE PURCHASE OF A USED BACKHOE FROM MORGAN DIESEL:
Public
Works Director Rambat stated that Park Superintendent Mark Eckhoff had been in
touch with Morgan Diesel about a 2008 Komatzu backhoe that had 2300 hours on
it. Mr. Rambat stated that it was in
excellent condition and Morgan Diesel had done the maintenance on it and had
all the records. Mr. Rambat explained
that the asking price was $38,000 and they were offering us $3,000 for our 1976
trade-in. Mr. Rambat added that the 1976
was not worth more than that.
Mr.
Rambat stated that the park department used the backhoe quite often and they
were looking at a clam shell to clean out the deadwood. Mr. Rambat explained that the water
department had the other backhoe, but it was dedicated to their work a lot so
it was convenient and necessary to have a second one in the system. Mr. Rambat commented that this was not a
planned purchase, but they did not need a new one for this kind of work;
however, a new one for the water department would be justified.
Mayor
Kumberg questioned how much we were spending on maintenance on the older one. Mr. Eckhoff stated that they had spent $10,000
over the last three years. Mr. Eckhoff
added that Morgan Diesel stated that they would write-off the current $3,000
invoice if this purchase was approved.
Mr. Rambat commented that it was almost a necessity to have a stand-by
unit. Mr. Rambat stated that the
cemetery has one that came from the water department; however, it had a bucket
rigged on it. With no more discussion,
Commissioner Taylor made a motion to approve the purchase of the 2008 Komatzu
backhoe from Morgan Diesel in the amount of $35,000 with a $3,000
trade-in. The motion was seconded by
Commissioner Hlavachick and passed unanimously.
CONSIDERATION AND
APPROVAL OF THE 2017 LEASE AGREEMENT WITH THE AMERICAN LEGION:
City
Attorney Van Blaricum stated that this was another annual contract and it was
down to where we were happy with it as was the American Legion. Mr. Van Blaricum added that the only changes
were the dates. Commissioner Skaggs
questioned what #4-d meant when it says ‘not commit waste there of’. Mr. Van Blaricum explained that that was real
estate language and meant that it was not going to be torn up or run down. Commissioner Skaggs asked if they had to fix
any areas where they removed permanent fixtures. Mr. Van Blaricum stated that that goes with
the ‘make waste’. Commissioner Skaggs
asked if they were keeping up on the insurance requirements. City Clerk Kramer stated that they were. Commissioner Hlavachick made a motion to
approve the 2017 lease agreement with the American Legion. The motion was seconded by Commissioner
Skaggs.
Public
Works Director Rambat stated that they may need some help on ADA
requirements. Mr. Rambat explained that they
may want to add a concrete pad to access the bottom side and put up a few
handicap parking signs. Commissioner
Skaggs stated that he had been watching 60 Minutes and there were lawyers
making it their livelihood to check on this.
Mr. Rambat commented that he had gotten emails where big Cities had been
caught in liability. Commissioner Skaggs
asked if we had completed all the ramps in the intersections. Mr. Rambat stated that they were about sixty
percent done where there were sidewalks and he tried to add a few every
year. Mr. Rambat added that money was an
issue. Commissioner Taylor stated that
they were handy for a lot more than the handicap, for example mothers with
strollers. Mr. Rambat stated that they
target school zones and churches.
Commissioner Skaggs asked if we were ADA compliant downtown. Mr. Rambat stated that we were. Mr. Van Blaricum commented that there was a
wave of ADA violations; however, if the City keeps moving forward we could be
confident that there would be no litigations.
Mr. Van Blaricum added that he thinks that the League will be discussing
this also. With no more discussion, the
motion and second passed unanimously.
CONSIDERATION AND
APPROVAL OF THE OPTION AGREEMENT WITH ATC SEQUOIA LLC TO PURCHASE
COMMUNICATIONS EASEMENT AT 201 S. JACKSON:
Mr.
Van Blaricum stated that this agreement had been talked about before when the
owner of the tower somehow needed more paperwork. Mr. Van Blaricum commented that they needed
the City to give them the easement so that they could service their equipment
and they would pay us $20,000. Mr. Van
Blaricum explained that there was a lot of fine print and Exhibit A was the
easement description. Mr. Van Blaricum
commented that there was nothing in the option or easement that would be a
problem. Finance Director Garten added
that the Commission had approved the proposal a few weeks ago. Commissioner Meyer asked about Section 6-A
and whether they could put another tower there on the easement without our
approval. Mr. Van Blaricum stated that
they could remove this tower or put up another one. Ms. Garten explained that the first agreement
had them paying us $60,000 with a repayment provision and there would be no
repayment with the approval of this agreement.
With
no more discussion, Commissioner Skaggs made a motion to approve the Option
Agreement with ATC Sequoia LLC for the easement at 201 South Jackson
Street. The motion was seconded by
Commissioner Meyer and carried unanimously.
OPEN AGENDA:
No
one wished to address the Commission.
REPORTS:
City Manager:
·
KMEA Board meeting:
City
Manager Eckert stated that he had attended the KMEA Board meeting with Energy
Agent Kreutzer last week and it was quite lengthy. Mr. Eckert commented that he had walked
around and met the fire chief for Russell and he could not quit talking about
our department. Mr. Eckert stated that
he had told him to come down. Mr. Eckert
added that he was pleased with that and said that our department were legends
in the State of Kansas. Mr. Eckert
commented that he also met several of Russell’s City staff.
Mr.
Eckert informed the Commission that he met Mr. Paul Mahlberg, CEO of KEMA and
we continue to have contract issues with them.
Mr. Eckert stated that we had been given good advice from counsel that
work strictly on electrical contracts
·
Training:
Mr.
Eckert stated that he had left a message for Mr. Paul Downs at WSU concerning
training for newly elected officials and it could be an eye opener. Mr. Eckert commented that most things we
understand but had to stay on top of.
Commissioner Meyer questioned if he had a date. Mr. Eckert stated that Mr. Downs was going to
call him back.
·
Vission Statement:
Mr.
Eckert stated that he was working on the vision statement and hoped to have it
before late December.
·
Public training:
Mr.
Eckert commented that he was working on potential training with the department
heads and putting together a small school for the public. Mr. Eckert stated that it had worked well in
Colorado and the public learns what we do and sees what it takes to run a
City. Mr. Eckert added that it was
important for citizens to know where their money was being spent.
·
Parking:
Mr.
Eckert stated that there had been some customer complaints concerning no place
to park when there was a meeting at City Hall and they cannot come in and pay
their bill. Mr. Eckert encouraged
parking across the street in the City’s parking lot.
·
Legal Counsel:
Commissioner
Skaggs questioned what else outside legal counsel was doing besides preparing a
letter for us. Mr. Eckert stated that
they were looking over some documents with legal terms. Director of Electric Utilities Huber added
that they were basically seeing if we had any grounds to get out of KMEA. Mr. Eckert commented that no decisions would
be made before the Commission was informed.
City Attorney:
·
Retirement:
City
Attorney Van Blaricum stated that he was a contract employee with the City and
it ran a calendar year. Mr. Van Blaricum
commented that his contract ended December 31, 2016 and, since he was no longer
the County Attorney as of that date, it made it convenient to not renew the
City Attorney contract for next year after ten years of service. Commissioner Taylor asked if he would be
willing to stay until we find another one.
Mr. Van Blaricum stated that he would be glad to fill in. Mayor Kumberg questioned that we also needed
to find another public defender. Mr. Van
Blaricum stated that that was correct.
Mr. Eckert stated that he was working on this and he had one person that
had done it before that had expressed interest to stay on. Mayor Kumberg stated that it had been a
pleasure working with Mr. Van Blaricum.
Public Works:
·
Spreaders on:
Public
Works Director Rambat stated that they had put the spreaders on in case there
was any weather coming in. Mr. Rambat
commented that he did not think it would stick around very long.
Electric Department:
·
GIS Mapping:
Director
of Electric Utilities Huber stated that one company had gotten back to him with
a quote concerning the GIS mapping, but the other had not. Mr. Huber commented that they would like to
move forward before the leaves come back out on the trees which would give a
better satellite for their GPS handhelds.
·
New Bucket Truck:
Mr.
Huber informed the Commission that they had picked up their new bucket truck
Friday and the guys were putting parts and pieces on it. Mr. Huber added that we were working with the
bank on financing.
Recreation
Department:
·
Host for State tennis:
Recreation
Director Pinkall stated that the High School had gotten notice that we would
host the girls 4-A State tennis tournament next fall. Mr. Pinkall also informed the Commission that
the 3-2-1A boys would be held here in the spring with South Barber hosting
that. Mr. Pinkall added that there
should be a State tournament here every year since we got back in the 4-A loop.
·
Coalition Group:
Mr.
Pinkall stated that the coalition group had been meeting in the Community
Center and they were having concerns with money. Mr. Pinkall questioned if we could assist
them by allowing them to meet at no charge.
Mr. Pinkall commented that that would be good faith assistance. The Commissioners were all in agreement to
allow there to be no charge for their use of the meeting room. Mayor Kumberg stated that he hoped they would
be viable.
·
Music in the Park:
Mr.
Pinkall commented that a FM transmitter failed in the park; however, the music
should be back on before Christmas.
Commissioner Meyer asked how much it cost for the electricity during
Christmas in Lemon Park. Mr. Huber
stated that it was all metered, but we turn it in as a loss every year.
Police Department:
·
Law education representative:
Police
Chief Myers informed the Commission that there would be an individual
affiliated with Law Publications in the City this week and he would be
accepting donations for ads. Chief Myers
explained that this company provides handout literature at our request for
child safety programs at the schools and community awareness handouts such as
drug information and community watch programs.
Chief Myers stated that there was no cost on our end, but they would be
soliciting business owners and they would then be considered sponsors. Chief Myers commented that they would be
providing those businesses that donated copies of the different literature so
that they know what their money paid for.
Commissioner Skaggs asked if the individual had a letter from the police
department. Chief Myers stated that he
did carry a letter from him explaining what he was doing.
Finance Department:
·
Sales tax:
Finance
Director Garten stated that she had the sales tax information for the
Commission and there was a 3% decrease from last year, but we were holding
steady.
Mayor and Commission:
·
WSU Education:
Mayor
Kumberg stated that we could ducktail working out goals and direction with the
WSU education.
·
Refuse pick-up:
Commissioner
Skaggs stated that he was delighted that the staff had decided on one more refuse
pick-up. Mr. Rambat commented that it
would be all this week and they would be running their normal route.
·
Food Bank:
Commissioner
Meyer stated that the Food Bank was in need of donations and they had a record
number of turkeys to buy. Commissioner
Meyer commented that they would be grateful for any donations.
ADJOURN:
Commissioner
Hlavachick made a motion to adjourn that was seconded by Commissioner
Skaggs. The motion and second passed
unanimously.
______________________________________
LUCUS
KUMBERG, Mayor
ATTEST:
______________________________________
LUANN KRAMER, City Clerk