TUESDAY
FEBRUARY 20, 2018
The Governing Body of the City of
Pratt met in Regular session in the Commission Room located in City Hall.
PRESENT:
Doug Meyer Mayor
Lucus Kumberg Commissioner
Gary Schmidt Commissioner
Jason Leslie 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
Jamie Huber Director of Electric Utilities
Bruce Pinkall Recreation Director
CALL
TO ORDER:
The regular meeting was called to
order by Mayor Meyer. The Mayor
instructed the City Clerk to note that all Commissioners were present with the
exception of Commissioner Peters.
The Mayor reminded the audience
that this meeting may be taped and/or recorded.
INVOCATION AND PLEDGE
OF ALLEGIANCE:
Commissioner
Schmidt led the staff and audience in the invocation and Mayor Meyer led the
Pledge of Allegiance.
CONSENT AGENDA:
·
Minutes: February 05, 2018 Special Call Commission meeting
February
05, 2018 Regular Commission meeting
Commissioner
Kumberg made a motion to approve the consent agenda. The motion was seconded by Commissioner
Schmidt and carried unanimously.
BUSINESS:
CONSIDERATION AND
APPROVAL OF RESOLUTION DECLARING STRUCTURE UNSAFE AND DANGEROUS:
·
Resolution 022018-215 Austin
City
Attorney Goff stated that this resolution was for 215 Austin and that the
property at 211 Austin posed an immediate hazard after being severely damaged
in the fire on January 25th; therefore, had been taken down for the
safety of the public. Ms. Goff commented
that Resolution 022018 set today’s date as the hearing date and it would be published
once and a copy mailed to the owner. Ms.
Goff explained that the owner would be given a reasonable time to remove or
repair the structure or the Governing Body could have it removed.
Building
Inspector Blankenship stated that this house was nothing like 211 Austin and
did not pose an immediate danger. Mr.
Blankenship commented that the house was not livable and the roof was ready to
come down. Mr. Blankenship stated that
he had been in contact with the owner and the insurance company and the owner
wanted it taken down. Mr. Blankenship
explained that it was not a total loss and the insurance company would settle
that with Mr. Brown; however, 15% of the total coverage would be kept by the
City and would cover the cost to take it down.
Ms. Goff added that the resolution sets the completion date as March 01,
2018. Mr. Blankenship stated that he
would be meeting Mr. Brown’s son there tomorrow, but he had no intentions of
living there again. Mr. Blankenship
added that Mr. Brown could not travel and was fine with what we were
doing. Mayor Meyer questioned if he
needed to remove any personal items. Mr.
Blankenship stated that that was what they were meeting for tomorrow.
With
no further discussion, Resolution 022018 was presented to the Commission for
their approval: RESOLUTION
DECLARING STRUCTURE UNSAFE, DANGEROUS, AND UNFIT; ORDER FOR REPAIR OR REMOVAL. Commissioner
Leslie made a motion to approve Resolution 022018 for 215 Austin. The motion was seconded by Commissioner
Schmidt and carried unanimously.
CONSIDERATION
AND APPROVAL FOR THE USE OF JACK EWING PARK FOR THE ANNUAL BEAVER BACKER’S DUCK
RACE:
Mayor
Meyer stated that Mr. Goodheart from PCC could not attend this evening;
however, he assumed that it would be the same as last year. Mayor Meyer asked if Public Works Director
Rambat would help them with what they needed.
Mr. Rambat stated that he would.
Commissioner Leslie made a motion to approve the use of Jack Ewing Park
for the Beaver Backer’s Duck Race. The
motion was seconded by Commissioner Kumberg and carried unanimously.
PRESENTATION
ON THE ECONOMIC IMPACT AND COMMUNITY ENGAGEMENT REPORT FOR 2016/2017:
Mayor
Meyer stated that Mr. Calvert was not in attendance and all the information was
in the packet. Mayor Meyer commented
that this was always interesting and very detailed. Commissioner Kumberg stated that Mr. Calvert
had given a presentation at Rotary and it was very good. Mayor Meyer stated that this could be tabled
in case he wants to come on another date.
CONTINUED
DISCUSSION ON LEASING A 2018 F-550 AERIAL TRUCK:
Director
of Electric Utilities Huber stated that this was continued discussion on
looking into leasing a new service truck for five years with the option to buy
back. Mr. Huber commented that Altec had
changed the payments to include sales tax and that changed the payment to
$2,086. Mr. Huber also pointed out that
insurance meets the $1,000,000 in liability insurance and was approximately
$1,250 per year with a $500 deductible.
Mr. Huber
commented that he had put these specs together using his twenty-seven years of
experience and knowing what best fits the City’s needs. Mr. Huber stated that he was as efficient as
he could be and there was a lot that goes into one of these trucks. Mayor Meyer questioned why we were not
purchasing it outright if we had been budgeting for it for six years. Mr. Huber stated that the intentions of
leasing were to keep the maintenance up.
Commissioner Schmidt asked what the buyback price would be. Mr. Huber stated that it would be fair market
value and, in most cases, it would be like new because the City crews take care
of them. Commissioner Schmidt questioned
why we would buy it back for $80,000 when we would have already paid $2,000 a
month for five years or $120,000. Mr.
Huber stated that we would not buy it back.
Commissioner Leslie commented that the first truck was seventeen years
old and $76,000 had been spent in repairs in those seventeen years.
Commissioner
Leslie commented that he had sent out emails to Commissioners one by one with
the information he received by calling Altec.
Commissioner Leslie stated that he had visited with Altec concerning
used vehicles and they had a different response on used and that they usually
come back very good. Mr. Huber stated
that that was because they wanted to sell it.
Commissioner Leslie stated that he wanted to have an intelligent
conversation as far as what the options were to buy the same product but five
years older. Commissioner Leslie
commented that he thought it was a good option rather than spending $125,000
every five years. Mayor Meyer stated
that he would rather purchase one than spend $125,000 and then give them an
$80,000 vehicle when the five years were up.
Mr. Huber stated that we could purchase it outright.
Mayor
Meyer stated that there was about $125,000 in reserve for that. Finance Director Garten stated that she was
not sure there was $125,000 and it was closer to $75,000 to $100,000. Ms. Garten added that they needed the truck
now and some of those funds had been diverted in 2013 and 2014. Commissioner Leslie questioned if the lead
time would be reduced if we purchased it rather than leasing. Mr. Huber stated that there would be no
difference. Commissioner Leslie
commented that he did not like spending the money on a lease or doing it every
five years when we had the other truck for seventeen years. Mr. Huber stated that he was fine with purchasing;
however, you only get a one year guarantee vs. the company taking care of the
maintenance when you lease. Commissioner
Leslie stated that we had spent $75,000 in repairs and we would be giving back
a truck worth $80,000. Mayor Meyer
questioned what the interest rate would be on a lease. Ms. Garten stated that the note from Altec
had 3.85%, which was similar to our banks.
Commissioner
Schmidt stated that we had good people who were capable of keeping equipment in
shape and using them beyond normal expectations and that was a strength we
had. Commissioner Schmidt added that
this was something we could do, so he questioned why we would not buy the truck
and work on it ourselves and stretch the life of it. Mr. Huber clarified that the City did not
work on the trucks and that they had Altec come out. Mayor Meyer suggested working with the banks
and buy it. Ms. Garten stated that
paying half and borrowing the rest could be an option. Commissioner Leslie made a motion to approve
the purchase with 50% down and financing the rest. Mayor Meyer questioned how that would
work. Ms. Garten stated that her
suggestion would be a lease/purchase and then the bank holds the title for five
years and we were responsible for maintenance.
Ms. Garten added that a lease/purchase would allow them to build up
their reserves also.
After
little more discussion, Commissioner Leslie rescinded his motion and made a
motion to approve the lease/purchase of a 2018 F-550 for five years in the
amount of $132,451 plus tax.
Commissioner Kumberg seconded the motion. Ms. Garten stated that it was very difficult
to give an interest rate on a vehicle that had a lead time of ten to twelve
months. With no more discussion, the
motion and second passed unanimously.
CONSIDERATION
AND APPROVAL OF ORDINANCE 1812 REPEALING THE CITY’S ANIMAL ORDINANCE:
City
Attorney Goff stated that this ordinance was being presented to the Commission
due to the issues regarding pit bulls and wolf hybrids being dangerous
animals. Ms. Goff commented that the
current ordinance created administrative difficulties. Ms. Goff informed the Commission that the
Humane Society would not house dangerous animals; therefore, City Manager
Eckert gave her the go ahead to draft an ordinance that took out the
presumptive language. Ms. Goff explained
that this ordinance did not penalize pit bull owners that had a non-vicious
one. Commissioner Leslie asked about the
leash and confinement issues he had talked about earlier. Ms. Goff stated that that was in the
previously passed ordinance.
Commissioner Leslie questioned if that would change. Ms. Goff stated that it would with this
ordinance not pursuing pit bulls as vicious.
Chief Myers commented that leash and confinement were hard to
enforce. Chief Myers added that, if the
pit bull was not vicious but called in, the police had to make contact and let
the owners know that it was a violation to have a pit bull in town. Commissioner Leslie stated that this would
make the owner responsible for their dog and we would need to do something on
our level to hold them accountable.
Ms. Goff
stated that it was a consensus that pit bulls needed to be treated differently
and needed extra requirements.
Commissioner Schmidt asked if these changes made it more or less
enforceable. Chief Myers stated that it
would make it harder to enforce by putting certain requirements in place. Chief Myers added that it would not
accomplish anything. Chief Myers
commented that a City license would require the owner to register the animal
and they would have to pay a fee and could have their license revoked if the
ordinance was violated. Mayor Meyer
commented that your radar goes up when confronted with a pit bull. Ms. Goff stated that one option for the
Commissioners would be to institute a registration requirement; however, no
person could currently move into Pratt City limits with a pit bull. Ms. Goff added that the existing ordinance allowed
thirty days to register their pit bulls and Chief Myers agreed that they did
have a few that had been registered. Ms.
Goff commented that those pit bulls were the only ones following the law. Ms. Goff stated that those pit bulls were
subject to the requirements. Chief Myers
stated that were no previous owners as they had either moved out of town or the
animal had died. Ms. Goff explained
that, if that was the case, that section would be gone in the proposed
ordinance.
Commissioner
Kumberg questioned how we let people moving in to town know these things. Chief Myers stated that he would like to see
some kind of brochure made up that could be given to new residents with this
type of information. City Manager Eckert
commented that it was hard to go down the road of singling out certain breeds,
because some Chihuahuas could be added to the vicious list and he questioned
where you stop. Public Works Director
Rambat stated that any animal could be vicious.
Commissioner Leslie stated that the pit bull was bred for fighting and,
like any other animals, could not be tamed.
After a
lengthy discussion, Mayor Meyer stated that this item should be tabled until
the City Attorney, Commissioner Leslie and Chief Myers could get together to
make changes, etc. Ms. Goff stated that
the current trends were to lessen the restrictions.
CONSIDERATION
AND APPROVAL OF BID TO FINANCE THE REFUSE TRUCK LEASE/PURCHASE:
Finance
Director Garten stated that the bids to finance the lease/purchase of a new
refuse truck that had been approved at the last meeting were in the
packet. Ms. Garten commented that all
three banks had submitted a bid for a five year payout on $140,704. Ms. Garten stated that First National Bank
bid 3.95%, People’s Bank bid 3.99% and First State Bank bid 4.25%. Mayor Meyer stated that he was curious
because the interest rate was higher at the People’s Bank; however, the payment
was lower. Ms. Garten stated that that
was very curious, but she could not call them since that was not part of our
bid policy. Mr. Rambat stated that they
were not out of spec so we could not throw them out and they bid what they
bid. Mr. Rambat commented that he was
not sure if this was a binding document; however, they would need to honor it
if they were chosen.
City
Attorney Goff stated that, if there was some type of misunderstanding, there
was a Statute that would allow for negotiations on the other end. Ms. Garten questioned if we would either hold
them to the payment amount or the interest amount. Mr. Rambat stated that the only way to
resolve it would be to throw out these bids and rebid it. Ms. Goff stated that, if this bid were chosen
and there had been a material misunderstanding, then we could negotiate with
the bank. Mr. Rambat stated that we
would be allowing them to modify the bid and that was not fair to the
others. Ms. Garten stated that we had
not specified one way or another and that we had asked for a lease/purchase on
$140,704 for five years, the interest rate and the payment amount. Ms. Garten added that there was minimal
difference when she calculated that payment.
Mr. Rambat
stated that he had talked to the salesman to let him know that the purchase was
approved and to also let him know that we were getting financing in place. Mr. Rambat commented that the lead time was
180 to 200 days and every week waiting was going to make it that much longer. With no more discussion, Commissioner Leslie
stated that People’s Bank was less; therefore, he would make a motion to
approve the People’s Bank for the lease/purchase of the refuse truck for
$140,704 over a five year lease at 3.99% interest rate. Commissioner Kumberg seconded the motion and
it passed unanimously.
CONSIDERATION
AND APPROVAL OF APPOINTMENT TO REPLACE DR. KOVACH ON THE AIRPORT AUTHORITY
BOARD:
Mayor
Meyer stated that the Airport Authority needed a replacement board member for
Dr. Kovach who had resigned due to his busy schedule. Mayor Meyer added that their replacement
recommendation was Mr. Gary Trimpe and his term would be effective March 1st
and expire April 14, 2020. Ms. Goff
stated that the Commissioners could go with their recommendation, but there was
no obligation. After little discussion,
Commissioner Kumberg approved the recommendation from the Airport Authority
Board to appoint Mr. Gary Trimpe to replace Dr. Kovach, with the stipulation
that he lived in Pratt County. The
motion was seconded by Commissioner Leslie and carried unanimously.
OPEN AGENDA:
No one in
the audience wished to address the Commission.
City
Manager:
·
Topeka trip:
City
Manager Eckert informed the Commission that he had testified to two House
committees on the airport options. Mr.
Eckert commented that it was very interesting and he had been accompanied by Mayor
Meyer and Ms. Heather Morgan. Mr. Eckert
stated that it was very eventful and he felt there would be a good
outcome. Mayor Meyer stated that it was
very educational and added that he appreciated Ms. Morgan. Mayor Meyer
commented that he had understood that one bill had passed the House and moved
to the Senate, but the other one was questionable. Mr. Eckert commented that both should be
okay.
·
Substation Bill 323:
Mr. Eckert
stated that Substation Bill 323 was a conglomerate of three bills into
one. Mr. Eckert explained that KMEA and
KMU were trying to make it so that members of the co-op would have to get 10%
of cooperative members to file a grievance.
Mr. Eckert commented that, if you could not get that 10% of the members,
then you could not file a grievance. Mr.
Eckert stated that that was breach of due process; however, it had passed the
House. Mr. Eckert commented that this
had been discussed at the KMEA meeting and it was indicated that we were going
to have to work out the other part, but we had filed our grievance before this
passed.
·
Icy roads:
Mr. Eckert
stated that it was pretty icy out this morning, so the crews were out early.
·
Carbon Tet:
Mr. Eckert
stated that we had gotten a letter from KDHE concerning the carbon tetrachloride
issue at the airport and they wanted a meeting with the City, Corp of Engineers
and Boeing. Mr. Eckert commented that
they asked that the meeting be within fifteen days of the letter and, if any
party failed to respond adequately, KDHE would evaluate options and could issue
an administrative order to perform the necessary investigatory and remedial
work to ensure the health and safety of those who could be exposed. Mayor Meyer questioned if we had any
liability. Mr. Eckert stated that we
were named since we owned the property.
Public Works Director Rambat added that we had the water system in
place; therefore, we were the utility in the area and it fell on us.
City
Attorney:
·
Legislative issues:
City
Attorney Goff stated that she had been working a lot with Ms. Morgan on
legislative issues and ED ideas. Ms.
Goff commented that Ms. Morgan’s perspective was that the airport authority
bill should not be an issue; however the tax lid bill had been pulled and added
to a consent agenda, so it was still on track.
Ms. Goff also stated that the KMEA bill was disappointing, but it was
not over yet. Ms. Goff explained that we
had invested a lot of time on this and it would be advantageous to pull out
now.
Public
Works:
·
Clean-up Week:
Public
Works Director Rambat stated that he was working on the first draft for
clean-up week the first week of May. Mr.
Rambat commented that he was working with Recreation Director Pinkall for
organizations to help out. Mr. Rambat
stated that last year went well and he wanted to repeat that this year.
·
Water Tower bids:
Mr. Rambat
stated that there would be bids on the next agenda for the cleaning of the
water towers. Mr. Rambat explained that
this was part of ongoing maintenance and it was also a recommendation from
KDHE. Mr. Rambat commented that he had
discussed this with the low bidder and that he did not want to do this in the
middle of summer. Mr. Rambat added that
this would be an inside inspection to look for chips and to power wash the
exterior.
·
Lemon Park line:
Mr. Rambat
stated that the water department had started on the 2” water line at the east
end of Lemon Park.
·
Winter water usage:
Mr. Rambat
commented that it would be worthwhile to put something in the paper about the
first three bills of a new year was what determined the sewer rates for that
year. Mr. Rambat stated that people that
want to water their lawns now should contact the utility department so that
they could take that into consideration when figuring their new sewer rate for
the next twelve months. Mr. Rambat added
that that did not apply to people with dedicated sprinkler systems. City Clerk Kramer commented that they had to
pay for the water that went through their meter; however, the sewer rate could
be adjusted if the water goes through the meter.
Mayor and
Commission:
·
K-9 unit:
Commissioner
Leslie asked if Chief Myers had any more information on the K-9 unit. Chief Myers stated that he had found out
about another K-9 school in Nebraska where the training was free and the dogs
were priced about the same. Chief Myers
commented that there were good choices anywhere we would decide to go.
Executive
Sessions:
·
#1:
Mayor
Meyer made a motion to enter into executive session for confidential data
relating to financial affairs or trade secrets of second parties to last ten
minutes. The motion was seconded by
Commissioner Kumberg and carried unanimously.
Mayor
Meyer made a motion to return from executive session with nothing to
report. Commissioner Leslie seconded the
motion and it carried unanimously.
·
#2:
Mayor
Meyer made a motion to enter into executive session for non-elective personnel
to last ten minutes. The motion was
seconded by Commissioner Schmidt and carried unanimously.
Mayor
Meyer made a motion to return from executive session with nothing to
report. The motion was seconded by
Commissioner Kumberg and carried unanimously.
RECESS:
Upon
proper motion, the meeting was recessed until Monday, March 5th at
11:00 a.m. for the City/County joint meeting.
________________________________
DOUG
MEYER, Mayor
ATTEST:
________________________________
LUANN
KRAMER, City Clerk