MONDAY
MAY 01, 2017
The Governing Body of the City of Pratt met in Regular session in the Commission Room located in City Hall.
PRESENT:
Lucus Kumberg Mayor
Doug Meyer Commissioner
Bill Hlavachick Commissioner
Gary Schmidt Commissioner
Don Peters Commissioner
ALSO PRESENT:
Roy Eckert City Manager
LuAnn Kramer City Clerk
Regina Goff 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 City 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 Hlavachick made a motion to approve the minutes of the April 17, 2017 regular Commission meeting. The motion was seconded by Commissioner Meyer and carried unanimously.
BUSINESS:
PROCLAMATION FOR ‘NATIONAL NURSES WEEK’ MAY 6 – 12, 2017:
Mayor Kumberg commented that a nurse was the first person you see when you are hospitalized and they execute their job with professionalism. Mayor Kumberg read the proclamation for National Nurses Week and asked that the community recognize our nurses the week of May 6th through May 12th.
DISCUSSION WITH PROFESSIONAL INSURANCE CONSULTANTS (PIC) CONCERNING HEALTH INSURANCE:
Ms. Rhonda Fernandez, Professional Insurance Consultants CEO, addressed the Commission concerning the City’s insurance needs. Ms. Fernandez explained that they were a consulting firm working with Kansas businesses since 1999 and her partner, Ms. Alice Oldham, and she had both been Blue Cross Blue Shield representatives before doing this. Ms. Fernandez stated that this business had changed significantly in her thirty years; therefore, changing how we do business. Ms. Fernandez commented that they did not help with 401K’s or KPERS and that they were strictly employee benefits.
Ms. Fernandez stated that she had looked at the City’s benefits and there were some areas that they needed more information in order to go forward. Ms. Fernandez added that the City would need to get information from Blue Cross and that helps them help the City to plan for the future. Ms. Fernandez commented that they would strategize and decide if the City wanted to go to the market place or self-fund in the future. Ms. Fernandez stated that they would work with employees to educate them on options they have, as well as educating them when they were getting ready to retire or want to work past their Medicare status. Ms. Fernandez explained that the employees would have access to their website and be given a benefit book that pertained to the City. Ms. Fernandez added that they clean up any paperwork that may be needed and have waivers signed for those that did not want the benefit. Ms. Fernandez explained that there were penalties assessed if the waivers were not on file.
Ms. Fernandez stated that they would move on to other things such as any voluntary plans to help offset expenses. Ms. Fernandez explained that some employees could have three cancer policies from three different carriers and they would help limit those plans so the employee would have fewer deductions. Ms. Fernandez also discussed wanting to keep the City in compliance and the City having access to a human resource hotline. Ms. Fernandez stated that employee benefits were not run of the mill questions and their human resources had answers within the same day or no longer than forty-eight hours. Ms. Fernandez commented that they would like to start with the City as soon as possible so that they could get the information from Blue Cross Blue Shield and start the renewal process. Ms. Fernandez stated that they encourage a wellness program and how to save on premiums. Ms. Fernandez added that they had a good relationship with Blue Cross and they would see what was out there in the market place as well. Ms. Fernandez stated that they were not so interested in the big Cities, but were more interested in rural areas.
Ms. Fernandez explained that there was a clause that let either party get out of their consulting contract agreement in case it was needed. Ms. Fernandez added that they get very involved with their groups and share quarterly updates with Commissions. Ms. Fernandez stated that they had emails that were set up on a weekly basis so that their clients were updated on what was happening and they did that to keep everyone updated usually within twenty-four hours. Ms. Fernandez commented that they work with all levels of benefits and wellness was an important piece. Ms. Fernandez added that all groups were different, but the wellness program could save lives and was something that you had to do gradually. Ms. Fernandez explained that there were some long term employees with the City, so they were like family and PIC wanted to become part of the City’s staff.
Commissioner Meyer asked if they had references from other Cities and Counties. Ms. Fernandez stated that they would be happy to send those to the City Manager and the City Clerk. Commissioner Meyers questioned if there would be someone the staff could talk to during open enrollment. Ms. Fernandez stated that there would be and they would go through all the medical benefits with the employees and all the information would be in their book. Ms. Fernandez commented that they wanted the employees to understand and know what they were buying; however, they did not want them to drop something that would be beneficial to them. Ms. Fernandez added that, on the other hand, this was their money and the City’s money, so they needed to know their benefits.
Commissioner Meyer stated that the open enrollment process was pretty important. Ms. Fernandez explained that they want to be there for the employee and their spouses since they may be the ones that take care of things. Ms. Fernandez stated that the employees get more comfortable with them the more meetings there are. Ms. Fernandez finished by informing the Commission that she and Ms. Oldham would tag team to work together with the City and their employees. Mayor Kumberg and Commissioners thanked Ms. Fernandez for her presentation.
DISCUSSION ON AMERICAN LEGION REPAIRS:
Mr. James Niblett, Mr. Paul Bryan and Mr. Rick Wittig represented the American Legion involving the concerns over the repairs needed at the American Legion. Building Inspector Blankenship stated that he had addressed the Commission on the condition of the American Legion building at the last meeting and these were repairs that had been needed for some time and, due to the unusual rainfall, they had been brought to his attention by Park Superintendent Eckhoff. Mr. Blankenship went over the needed repairs and added that there were pine needles that built up in the gutter and needed to be cleaned out yearly along with needing a dehumidifier since it was damp in there.
Mr. Blankenship pointed out Section #4 (b) of the Lease Agreement between the City and the American Legion which states that the American Legion shall ‘keep all structures and facilities on the premises in a good state of repair and in a sanitary condition’. Mr. Blankenship stated that this leak had been happening for quite a while. Mr. Niblett stated that they had not noticed it and Mr. Wittig added that they had not noticed it until this last rain. Mr. Wittig stated that the original problem was due to the trees and former Director of Electric Utilities Hemphill had trimmed some of the limbs from the hot wires which helped, but did not prevent the gutters from getting clogged. Mr. Wittig added that they did not have the funds to have the trees taken out. Mr. Bryan stated that they clean the needles off the roof; however, they build right back up. Mr. Niblett stated that he had talked to Mr. Blankenship about the roof needing to be replaced due to soft spots and he had also talked to Public Works Director Rambat about needing the cedar trees taken out. Mr. Niblett added that that would solve some of the problems. Mr. Niblett stated that he had also talked about handicap parking the last three years and paving it as well because there was no access for handicap veterans. Commissioner Hlavachick stated that that would not address the water coming in. Mr. Wittig stated that getting the cedar trees out would. Mr. Blankenship commented that that was not what was causing the porch to separate. Mayor Kumberg stated that the City wanted to make sure that we were doing what we needed to do as owners of the property and know that additional damage does not happen.
Mayor Kumberg asked if the American Legion had the property and liability insurance as stated in the contract in case we needed to make a claim against the policy due to extensive damage. Mayor Kumberg added that we needed to know when something was not right according to the agreement. Mr. Niblett stated that he had talked to the City multiple times. Mr. Rambat stated that we try to comply without spending any money. Mr. Niblett asked that it be put in the budget to get a ramp built and get parking spaces paved. Mayor Kumberg stated that that would depend on how much money it was going to take to make these repairs; however, nothing was going to fix the ADA issues. Mr. Blankenship pointed out that looking at ADA issues could open Pandora’s box with the bathrooms, a 5’ turning radius for wheelchairs and a lot more issues than parking out front.
Mayor Kumberg questioned if they would be opposed to tearing this structure down and putting up another. Mr. Wittig stated that that was a great idea, but it costs a lot of money. Mayor Kumberg commented that we did not know for sure how much we had in repairs so there were lots of questions about what was going to happen. Commissioner Schmidt questioned the size of the doors going into the building. Mr. Blankenship explained that the doorways had to be at least 32” to be ADA and Mr. Niblett stated that the doors there were 36”. Mr. Blankenship added that the doors had to open outwards and have knobs that pull down.
Commissioner Peters questioned if we had gotten an estimate on the total package. Mr. Blankenship stated that he had not because he wanted to know what direction the Commission wanted to go. Mr. Blankenship added that this was going to be more than the City Manager could sign for; therefore, he would be bringing it back to the Commission. Mr. Bryan stated that they wanted the Commission to know that they had not been sitting on their hands and that they had done some painting, built a new bathroom upstairs, put up new lighting and new ceiling fans. Mr. Bryan added that they also do a lot for the community such as giving away more than two thousand Christmas presents, feed three hundred people at the Easter egg hunt, along with providing scholarships and the 4th of July. Mr. Bryan explained that there was only so much money to spend, but they spend it in their community. Mr. Bryan stated that they transport veterans wherever they need to go and they felt that they were an asset to the community. Mr. Blankenship stated that we needed to get dirt back up there to avert the water away from the building. Mr. Bryan stated that they would raise money if they needed too. Commissioner Peters commented that they should look at the property insurance concerning the water leakage and let the Commission know what they find out.
CONSIDERATION AND APPROVAL OF GREEN VALLEY SUBDIVISION PRELIMINARY PLAT:
Building Inspector Blankenship stated that this preliminary plat was for the old Green Valley golf course and they requested that it be split into lots. Mr. Blankenship explained that the State Statute grants the City authority to plat this property since it was in the three mile limit. Mr. Blankenship commented that they had followed everything that was required and this was a subdivision that could be readily part of the City of Pratt. Mr. Blankenship added that the Planning Commission voted to recommend the approval of the subdivision preliminary plat. Commissioner Peters made a motion to approve the Green Valley subdivision preliminary plat. The motion was seconded by Commissioner Hlavachick and carried unanimously.
CONSIDERATION AND APPROVAL OF GREEN VALLEY SUBDIVISION ZONING CHANGES:
Building Inspector Blankenship stated that the next step for the Green Valley subdivision was a zoning change. Mr. Blankenship explained that there were two classifications; however, this area’s zoning should change from A-1 Agriculture to R-S Residential Suburban subdivision. Mr. Blankenship commented that the County took care of the water and sewer system. Commissioner Hlavachick made a motion to approve the Green Valley zoning as presented. The motion was seconded by Commissioner Schmidt and carried unanimously.
CONSIDERATION AND APPROVAL OF THE RE-APPOINTMENT OF MR. CHAD WESTHOFF TO THE BUILDING BOARD (THREE YEAR TERM):
Building Inspector Blankenship stated that the Building Board did not meet a whole lot and it was mostly when codes needed to be looked at. Mr. Blankenship commented that Mr. Westhoff came to every meeting and he was agreeable to another three year term. Commissioner Peters made a motion to approve Mr. Chad Westhoff to another three year term on the Building Board. The motion was seconded by Commissioner Schmidt and carried unanimously.
CONSIDERATION AND APPROVAL OF THE APPOINTMENT OF MS. SUSAN PARSONS TO THE PLANNING COMMISSION (THREE YEAR TERM):
Building Inspector Blankenship stated that they had been looking for a replacement for Mr. Fred Badders on the Zoning Commission for some time and Ms. Susan Parsons had expressed her interest in serving on that board. Mr. Blankenship explained that two of the board members were from the County and the other five were in the City. A motion by Commissioner Meyer to appoint Ms. Susan Parsons to a three year term on the Planning Commission. The motion was seconded by Commissioner Schmidt and carried unanimously.
CONSIDERATION AND APPROVAL OF THE RE-APPOINTMENT OF MR. FRED SULLIVAN TO THE PLANNING COMMISSION (THREE YEAR TERM):
Building Inspector Blankenship stated that Mr. Fred Sullivan had agreed to another term on the Zoning Commission. Mr. Blankenship commented that Mr. Sullivan attended regularly and brought a lot of knowledge to the board. Commissioner Schmidt questioned how often Mr. Blankenship worked with this board. Commissioner Meyer stated that he sat on that board for several years and explained that they meet once a month and they actually do more work than the City Commission at times. Commissioner Meyer commented that they study zoning issues and Mr. Blankenship did a lot of work to prepare for those meetings. Commissioner Meyer added that they had done their diligence by the time the City Commission gets it. Mr. Blankenship stated that they meet on the third Thursday of the month. With no more discussion, Commissioner Hlavachick made a motion to approve the reappointment of Mr. Fred Sullivan to the Zoning Commission for three years. Commissioner Schmidt seconded the motion and it carried unanimously. (***Vote was 4 approved and one opposed-See note below)
CONSIDERATION AND APPROVAL OF ORDINANCE 1705 PERTAINING TO SUNDAY LIQUOR SALES:
City Attorney Goff stated that Mr. Danny Quint had presented his desire at the last meeting that he wanted to take advantage of the Kansas law that enables Cities to extend liquor sales to Sunday. Ms. Goff explained that she had drafted Ordinance 1705; however, there were a few minor changes that needed to be made before it would be accurate. Ms. Goff explained the minor changes and stated that those changes could be made before publication in the official newspaper. Ms. Goff stated that this ordinance would need to be published once a week for two weeks and would not take effect until the sixty-first day after the second publication. Ms. Goff added that the waiting period gave the elector’s time to get together a petition if they were against Sunday sales. Commissioner Peters asked if that took a percentage of those that actually voted. Ms. Goff stated that that was correct and it was 5% of the voters of the last election.
Commissioner Schmidt expressed his concern that there was no one from the paper here last week to report that this was coming up. Commissioner Schmidt reminded everyone that they had to have two special elections for liquor by the drink back years ago; however, it did finally pass. Commissioner Schmidt stated that he guessed that that contingent was still there and he felt that there should be time for public input even with the option for petition. Commissioner Meyer agreed and added that we were not going to make the July 4th deadline that Mr. Quint had talked about, but we did encourage people to voice their opinion. Commissioner Schmidt commented that it could be a non-issue. Commissioner Meyer stated that he was in favor of this; however, he wanted people’s input. Commissioner Peters stated that he was also in favor of this and encouraged people to voice their concerns even though it was not going to change his mind.
With no further discussion, the following Ordinance 1705 was then presented to the Commission for their approval: AN ORDINANCE AMENDING ORDINANCE NO. 0911 SECTION 5.20.140 (C) AND 5.24.040 OF THE CODE OF THE CITY OF PRATT, AUTHORIZING SUNDAY SALES OF ALCOHOLIC LIQUOR AND CEREAL MALT BEVERAGE IN THE ORIGINAL PACKAGE AND SALES OF ALCOHOLIC LIQUOR IN THE ORIGINAL PACKAGE ON CERTAIN HOLIDAYS AND REPEALING ALL OTHER ORDINANCES IN CONFLICT WITH SUCH AMENDMENT. Commissioner Hlavachick made a motion to approve Ordinance 1705 authorizing Sunday sales of alcoholic liquor and cereal malt beverages in the original package and sales of alcoholic liquor in the original package on certain holidays with changes as mentioned. The motion was seconded by Commissioner Peters and carried with four approved and one opposed vote.
OPEN AGENDA:
No one wished to address the Commission.
REPORTS:
City Manager:
• Insurance issues:
City Manager Eckert stated that he had discussed insurance issues with Ms. Fernandez earlier and he was very impressed with their first meeting. Mr. Eckert added that Ms. Fernandez had been involved with the City for several years when she worked for Blue Cross Blue Shield.
• Pilot Club:
Mr. Eckert stated that he had met with the Pilot Club last week and that went well. Mr. Eckert commented that they had a good discussion on the state of the City. Mr. Eckert added that it was a good chance to meet with everyone.
• KMEA:
Mr. Eckert commented that we were still working on the KMEA issue and that had information that would need to be discussed later in an executive session. Mr. Eckert stated that the City Attorney and he had visited with Hinkle Law today and things were progressing.
• Mutual Aid:
Mr. Eckert informed the Commission that some of our line crew were out in Johnson City for mutual aid after the storm this weekend.
• Budget:
Mr. Eckert stated that we had been looking at the budget and hoped to be done before the end of the month. Mr. Eckert commented that we would have to get the mill levy before we had all the information we needed.
City Attorney:
• Training:
City Attorney Goff stated that she had spent two days training on DUI prosecution and that went well. Ms. Goff added that they had had some large dockets in Municipal Court.
• Commission Packet:
Ms. Goff commented that she had studied the American Legion agreement and Ms. Fernandez’s contract since the last Commission meeting. Ms. Goff stated that PIC offers a great service, but there were a couple of concerns that she would be emailing Ms. Fernandez about.
Public Works:
• Clean-up Week:
Public Works Director Rambat reminded the Commission that next week was the clean-up week and we were sending four of our employees out to the landfill for the week.
• Alley work:
Mr. Rambat stated that Arensdorf Construction was back in town and they would be working on the alley in the 200 block of Second Street and should finish that in the next few weeks.
• Pool:
Mr. Rambat commented that they were painting and patching bad spots in the pool and that was the main focus with the date of opening coming closer. Mr. Rambat stated that they would be filling it in the next couple of weeks.
• Champa Street:
Commissioner Meyer asked about the plans for Champa Street. Mr. Rambat stated that it should mend over the summer and then we would do a chip seal to seal it off. Commissioner Schmidt asked if they were going to go further north. Mr. Rambat commented that they did have plans; however this took care of where the breaks had been.
Recreation Department:
• Tournament Season:
Recreation Director Pinkall stated that tournament season was going to start Saturday and all registrations were open. Mr. Pinkall informed the Commission that they would be having a tournament on Mother’s Day and the 2 1-A softball tournament over Memorial Day. Commissioner Peters asked how many teams were involved. Mr. Pinkall stated that there were twenty-seven teams and they would be using all four fields.
• Grant:
Mayor Kumberg asked where we were with the grant on the other parcel out east. Mr. Pinkall stated that EBH had an engineering contract to do the surveying and should have some preliminary figures that had more detailed electric and water information. Commissioner Hlavachick questioned if there was going to be space for a shooting range. Mr. Pinkall stated that he had mentioned that to EBH along with a driving range.
Police Department:
• Drug Bring Back Program:
Chief Myers stated that they had had the drug bring back program Saturday from 9:00 a.m. to 5:00 p.m. and they were very fortunate that Wal-Mart let them use their facility. Chief Myers added that they collected four large boxes weighing 74.5 pounds despite it raining all day. Chief Myers added that this was a good program and he was going to do it again in October, but use two locations.
Finance Department:
• Auditors:
Finance Director Garten stated that she was finishing up things for the auditors and they were looking at June 3rd to present their finding to the Commission. Ms. Garten informed the Commission that she would be going out for proposals for auditors this year.
• Budget:
Ms. Garten stated that she had attended a budget workshop in Wichita and found out how the State was viewing the tax lid. Ms. Garten commented that we would be working on our budget next month.
Mayor and Commission:
• Pratt Tribune:
Commissioner Schmidt thanked the Pratt Tribune for publishing the legal things. Commissioner Schmidt also asked that the paper try to always have someone at the meetings to report about them.
Commissioner Peters stated that he was glad to see the police docket in the paper and that that was good information to have in there.
Commissioner Meyer stated that he appreciated that the Tribune was as big as the Wichita paper some days.
• Nurses Proclamation:
Commissioner Meyer thanked the Mayor for signing the proclamation for Nurses week and added that nurses were the cornerstone of health care and that his wife and daughter were both nurses.
• Wildlife and Parks meeting:
Commissioner Meyer stated that he had attended the Wildlife and Parks meeting and he had thanked them for staying in Pratt. Commissioner Meyer added that he told them that we would do what we could to keep them here.
• Circles Meeting:
Commissioner Meyer informed the Commission that he had also attended the Circles meeting and he had found out that our public transportation makes about eighty runs a day, which could be a PCC student or someone needing to go to the store.
• Ribbon cutting:
Commissioner Meyer stated that he had attended the ribbon cutting for Merchant Park and the Farmer’s Market and it looked very nice.
Executive Session:
Mayor Kumberg made a motion to enter into executive session to discuss attorney/client privilege to last fifteen minutes. The motion was seconded by Commissioner Hlavachick and carried unanimously.
Mayor Kumberg made a motion to return from executive session with nothing to report. The motion was seconded by Commissioner Hlavachick and carried unanimously.
ADJOURN:
Commissioner Hlavachick made a motion to adjourn. The motion was seconded by Commissioner Meyer and carried unanimously.
______________________________________
DOUG MEYER, Vice-Mayor
ATTEST:
________________________________________
LUANN KRAMER, City Clerk
***Correction: Vote for the re-appointment of Fred Sullivan on the Planning Commission was a four approved and one no vote from Commissioner Meyer.