MONDAY
JANUARY 04, 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:
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
Jamie
Huber Dir. 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
Skaggs made a motion to approve the minutes of the December 21, 2015 regular
Commission meeting. The motion was
seconded by Commissioner Taylor and carried unanimously.
BUSINESS:
UPDATE ON AVENUE OF FLAGS:
Park
Superintendent Eckhoff informed the Commission that the contractor for the
Avenue of Flags project had made the last pour today. Mr. Eckhoff stated that he would leave things
covered for a few days and then clean up the area. Mr. Eckhoff explained that City staff would
spread the other dirt and work on the lighting and landscape, but that may not
be until spring. Mr. Eckhoff stated that
he would be working on the sign this winter.
Commissioner Taylor questioned if the Statute of Liberty was still going
to be at the Scout Cabin. Mr. Eckhoff
stated that it was, but it needed some work done on it. Commissioner Skaggs asked if the trees would
be staying. Mr. Eckhoff explained that
they were for now, but they would be taking them out and replacing with new
ones later. Mr. Eckhoff added that they
would be doing individual lighting on the flags and he would like to look at
using LED lighting. Mayor Kumberg commented
that it looked fantastic now and he could not wait for things to get put in
place. Mr. Eckhoff stated that they had
some areas that needed a little more work and there was an incline in places,
but they worked out drainage issues that now goes into a tree planter. Commissioner Skaggs questioned how many flags
there were. Mr. Eckhoff stated that
there were nine flags and one POW flag.
CONSIDERATION AND APPROVAL OF
COLLECTION SERVICE AGREEMENT FOR UTILITY ACCOUNTS:
City
Attorney Van Blaricum stated that this was the same agreement as at the last
meeting, but there had been questions about the company filing suit more often
than we would want them to. Mr. Van
Blaricum commented that he had visited with the manager and was told that they
never file suit unless talking to their customer first. Mr. Van Blaricum added that he had added a
note to the agreement that states that the collector would not initiate
litigation without authorization from the City.
Commissioner Skaggs made a motion to approve the Collection Service
Agreement with Midwest Service Bureau Inc. as presented. The motion was seconded by Commissioner
Hlavachick and carried unanimously.
CONSIDERATION AND APPROVAL OF
BID FOR A MOWER:
Recreation
Director Pinkall informed the Commission that he had gone out for bids for a
mower before the end of the year. Mr.
Pinkall stated that they had used their last mower for twelve seasons and it
was time to get a new one. Mr. Pinkall
commented that it was hard to bid mowers due to deck sizes and different
motors; however, he had put together what he was looking for. Mr. Pinkall stated that he had decided to go
with a 72” Super Z Hustler mower from Kincheloe’s. Mr. Pinkall added that it was a little higher
than Wichita Golf, but the price difference was not worth going somewhere other
than local.
Commissioner
Skaggs questioned if he had any hustler mowers now. Mr. Pinkall stated that he did not, but the
parks department had one that was a little bigger and had four tires and pushes
the deck in the front. Mr. Pinkall added
that his was a rear wheel drive and lighter but very well built. Commissioner Meyer asked where this one would
be used at. Mr. Pinkall stated that it
would be used mainly on the fields and they would keep the older ones for the
exterior. Mr. Pinkall explained that
that would keep any stickers coming in from the exterior. Commissioner Meyer made a motion to purchase
the Hustler Super Z mower from Kincheloe’s for $12,045. The motion was seconded by Commissioner
Taylor and carried unanimously.
CONSIDERATION AND APPROVAL OF
ORDINANCE 1601 COMMERCIAL LANDSCAPING REGULATIONS:
City
Attorney Van Blaricum stated that this ordinance had a long history, but this
was the final result that had been carefully vented through by the Planning and
Zoning Commission. Mr. Van Blaricum
commented that this was for commercial purposes. Mr. Van Blaricum pointed out that this was
for new construction in any C-S or C-O zone and for any planned remodel that
structurally modifies the existing structure by at least 51%. Mr. Van Blaricum added that this would need
to be approved by the Building Inspector.
Commissioner Meyer questioned what the consequences were if they did not
comply. Mr. Van Blaricum stated that it
was a maximum fine of $500. Building
Inspector Blankenship stated that we would not issue them a building permit or
a certificate of occupancy. Mr. Blankenship
explained that other commercial businesses were in the business district and
100% lot coverage, so there was no place to plant a tree; therefore, they
specified C-S and C-O zones.
The
following Ordinance 1601 was then presented to the Commission for their
approval: AN ORDINANCE REQUIRING LANDSCAPING PLANS AND SETTING LANDSCAPING
STANDARDS FOR COMMERCIAL PROPERTIES.
Commissioner Skaggs made a motion to approve Ordinance 1601 for
commercial landscaping. The motion was
seconded by Commissioner Meyer and carried unanimously.
CONSIDERATION AND APPROVAL OF
ORDINANCE 1602 RESIDENTIAL LANDSCAPING REGULATIONS:
City
Attorney Van Blaricum stated that this ordinance was the same as commercial,
but was for residential landscaping. Mr.
Van Blaricum commented that this was for new construction or for any structural modifications by
at least 51%. Mr. Van Blaricum added
that this also had to be subject to the approval of the building
inspector. Commissioner Skaggs
questioned if a separate issue would be a neighbor changing the lay of the
land. Mr. Van Blaricum stated that that
was a different issue and had to do with State law. Commissioner Skaggs asked about the $500
fine. Mr. Van Blaricum commented that
that did not need to be stated.
The
following Ordinance 1602 was then presented to the Commission for their
approval: AN ORDINANCE REQUIRING LANDSCAPING PLANS FOR RESIDENTIAL
PROPERTIES. Commissioner Hlavachick
made a motion to approve Ordinance 1602 for residential landscaping. The motion was seconded by Commissioner
Skaggs and carried unanimously.
OPEN AGENDA:
·
Luca Matei:
Mr.
Luca Matei commented that he made a petition to look at taking the sewer out of
his electric bills when an apartment was empty.
Mr. Matei stated that it did not make sense when empty for a year or
more. Mr. Matei added that the situation
was so bad with tenants and with his balance sheet.
Mr.
Matei then stated that it tops it off working through putting him in jail. Mr. Matei informed the Commission that he
had a hearing in December and was punished for using a recorder. Mr. Matei commented that the police do what
they want again. Mr. Matei added that he
had a recording system in court because the police could record
everything. Mr. Matei stated that what
was said in court was not constitutional.
Mr. Matei stated that he was convicted in 2013 and there was supposed to
be transparency and investigation and they work for the people. Mr. Matei commented that the City uses people
to break him down and that could not continue because the City would suffer. Mr. Matei stated that the police were to protect
citizens and not to raise income for the City.
·
Municipal Court vs District Court:
Mayor
Kumberg commented that Municipal Court was a ‘different animal’ than District
Court and questioned if they comply with recording laws. City Attorney Van Blaricum stated that
Municipal Court does comply with Federal and local laws and regulations. Mr. Van Blaricum added that recording in
Municipal Court was absolutely up to the discretion of the judge. Mr. Van Blaricum explained that Mr. Matei had
shown up at a hearing with a judge pro tem presiding and, when the judge
discovered that Mr. Matei had recorded the proceedings on a handheld device, he
had to surrender the recorder. Mr. Van
Blaricum stated that that was the proper procedure and, if he lost the case in
Municipal Court, he would have the right of appeal in District Court and there
would be a court recorder. Mr. Van
Blaricum added that a handheld recorder would be up to the District judge.
REPORTS:
Building Inspections:
·
Property north of Woody’s:
Building
Inspector Blankenship stated that he had visited with the owner of the property
north of Woody’s and he wants to be a good neighbor and would be addressing the
areas of concern. Mr. Blankenship
commented that he had been asked to leave the old truck by a local photographer
who uses it for pictures. Mr.
Blankenship added that we could legally make him take it away, but he was on
the fence either way. Commissioner
Taylor questioned if the truck was against City ordinances. Mr. Blankenship stated that it was. Commissioner Taylor stated that it needed to
be moved then. Commissioner Skaggs
commented that the front of the building was the priority and the rest could
come at his convenience this year.
Commissioner Taylor stated that it did not have a roof on it and stuff
blows in it. Commissioner Taylor added
that the owner was a non-resident and it was not an eye sore to him. Commissioner Skaggs stated that we did not
want him to be belligerent and do nothing.
City Manager Howard stated that that was the only front in that shape
downtown.
Mayor and Commission:
·
Austin Street:
Mayor
Kumberg requested an update on the Austin Street property. Mr. Blankenship stated that they were
cleaning it up and he had also given Mr. Van Blaricum the one on Maple Street.
ADJOURN:
Commissioner
Hlavachick made a motion to adjourn. The
motion was seconded by Commissioner Meyer and carried unanimously.
_______________________________________
LUCUS
KUMBERG, Mayor
ATTEST:
________________________________________
LUANN
KRAMER, City Clerk