CITY OF ANTHONY

Recorded

July 6, 2010

The Board of Commissioners of the City of Anthony, Kansas, met in regular session at 6:00 p.m. with Mayor Barbara Muse presiding and the following Commissioners present: Dickey, Hammersmith, Hall, and Tedder. Absent: none. Also present were Amber Kummer, City Clerk/Administrator; Grant K. Sechler, Jr., City Superintendent; John Blevins, Chief of Police; Amber Schmitz of the Anthony Republican; Kate Catlin of the Harper County Herald; Don Heidrick, Larry Berry, Kenny Hodson, Teddy Cook, Creighton Cullop, Joe Brummer, Mike Lanie, Mitchell Hall, and Gwen Warner.

The Invocation was given by Pastor Teddy Cook.

Mayor Muse made the motion to approve the minutes of the previous meetings. The motion was seconded by Commissioner Hammersmith. Motion carried.

APPROPRIATION ORDINANCES and 07/06/10 PAYROLL APPROVED

Claim Ordinance #5638 making appropriation for $85,900.09 and Claim Ordinance #5639 for $133,179.32 for the payment of certain claims against the City of Anthony for appropriation ordinance and $54,144.98 for 07/06 Payroll were presented and on a motion by Commissioner Tedder, seconded by Commissioner Dickey, said ordinances and payroll were unanimously approved and claims ordered paid.

DOG ORDINANCE AND COMPLAINTS

Creighton Cullop was present to inquire about the current dog ordinances for the city. The United States Postal Service (USPS) has suspended delivery to the both sides of the 400 Block of South Anthony due to the postal carrier being threatened by a dog running loose on the block. Mr. Cullop lives on the block that has had mail services delivered. He also has experienced dogs running at large while he has read gas meters in the area as part of his job with Atmos Energy. Chief Belvins said that there is an ordinance in place but dog owners have due process. The dog owner in question has been issued at least two citations. Chief Belvins also said that dogs are not detained until after the third citation has been issued. Commissioner Hall said that the dog ordinance has no teeth when it does not have a way to force citizens to pay their tickets. He said that in order for the ordinance to have an effect, it must have teeth to it. Commissioner Tedder said that citizens having problems with dogs need to call in every time so that there is a record on file of each complaint. There was discussion by the Commission to look into changing the current dog ordinance. Chief Belvins will look into what other cities do and into possible changes that the City can do to the ordinance.

ACDC COMMERICAL DOWNTOWN

Joe Brummer and members of the Anthony Community Development Committee were present to ask permission from the Commission for the ACDC to have open access to the Jim Forsyth, the City Attorney, to seek legal advice for issues concerning the committee. Commissioner Tedder said that he still wants the Commission to see contracts too, not just the attorney. Mitchell Hall clarified that the committee wishes to seek legal advice so that the documents that the committee creates are fine-tuned before the Commission sees them. The Commission expressed concern that not everyone from the committee should contact Jim Forsyth. The committee will select one person who will represent the committee when talking to the City Attorney. Brummer also asked permission for the committee to use the Municipal Hall in the future for a CID Tax Informational Session without having to pay rental fees or for the advertisement for the informational session. The Commission agreed to allow the committee to use the Municipal Hall free of charge and to also advertise for the town hall meeting free of charge.

RESOLUTION NO. 775

A RESOLUTION AUTHORIZING THE GOVERNING BODY OF THE CITY TO FIX A TIME AND PLACE AT WHICH THE OWNER, THE OWNERS AGENT, AND LIENHOLDER OF RECORDS AND ANY OCCUPANT OF THE STRUCTURE MAY APPEAR AND SHOW CAUSE WHY THE STRUCTURE SHOULD NOT BE CONDEMNED AND ORDERED REPAIRED OR DEMOLISHED AS AUTHORIZED BY ARTICLE 5 OF CHAPTER VII OF THE CITY OF ANTHONY CITY CODE.

Commissioner Dickey made the motion that the City Commission adopts Resolution NO. 775. The motion was seconded by Commissioner Hammersmith. Motion carried.

HEALTH HAZARD/ PROPERTY CLEAN-UP

Officer Hodson reported that City Clerk/Administrator Kummer contacted Linnell Lipps concerning the health hazard at her property located on S. Lincoln. Ms. Lipps said that she will clean the property up. The City has given her until July 31^st. Officer Hodson said that if the property is not cleaned up by the deadline, Wyatt Trash will clean the property up and charge the City $1,600. The City will then be able to charge Ms. Lipps’ property taxes in order to collect the clean-up fees.

RESOLUTION NO. 776

A RESOLUTION ADOPTED BY THE CITY OF ANTHONY TO PROVIDE DEMOLTION REVENUE BY THE CITY OF ANTHONY AND ITS ELECTRIC DEPARTMENT FOR AN AMOUNT NOT TO EXCEED $162,447.00 WITH THE GENERAL OPERATING PAYING THIS AMOUNT AND THE LEASE PURCHASE FROM THE ELECTRIC DEPARTMENT BY THE CITY OF ANTHONY GENERAL OPERATING AS AUTHORIZED BY K.S.A. 10-1116(b) and 10-1116(c).

Commissioner Tedder made the motion that the City Commission adopts Resolution NO. 776. The motion was seconded by Commissioner Hall. Motion carried.

APPROVAL OF LAND PURCHASES FOR APPRAISED VALUES

Mayor Muse made the motion that the City Commission approves the purchase of lands for the appraised values of lands located at Lots 17 through 20 Block 1 Goggins & Holdridge’s Addition and Lots 17 through 20 Block 3 Vicker’s Addition in the City of Anthony, Harper County, Kansas, for the amount of $6,400.00 to the land owners of Leonard J. McCanse, C.J. McCanse, and Addie McCanse, or if any be deceased, their heirs. The motion was seconded by Commissioner Dickey. Motion carried.

Mayor Muse made the motion that the City Commission approves the purchase of lands for the appraised values of lands located at Lots 15 and 16 in Block 3 Vicker’s Addition and Lots 15 and 16 in Block 1 Goggins & Holdridge Addition in the City of Anthony, Harper County, Kansas, for the amount of $3,200.00 to the land owners of Elmer V. Johnson, aka Elmer F. Johnson and Alberta Mae Johnson, aka Alberta M. Goode, or if any be deceased, their heirs. The motion was seconded by Commissioner Tedder. Motion carried.

Mayor Muse made the motion that the City Commission approves the purchase of lands for the appraised values of lands beginning at the Southwest corner of Section as, Township 32 South, Range 7 W of 6^th P.M., in Harper County, Kansas; thence Northerly along the West line of said Section 12 and on an assumed bearing of North 01 degree 11 minutes 41 seconds West a distance 1320.00 feet to a point; thence Easterly on a bearing of North 88 degrees 54 minutes 51 seconds East a distance of 1320.00 feet to a point; thence Southeasterly on a bearing of South 29 degrees 22 minutes 23 seconds East a distance of 1227.94 feet to a point; thence Southerly on a bearing of South 01 degrees 05 minutes 09 seconds East a distance of 238.7 feet to a point on the South line of said Section 12; thence Westerly along said South line and on a bearing of South 88 degrees 54 minutes 51 seconds West a distance of 1899.40 feet to the point of Beginning for the amount of $229,295.00 to the land owners of Marlin L. Unruh, Merlin W. Unruh, Judith Y. Houtz, Bernhard W. Krahn and Shirley A. Krahn, as Trustees under the provisions of the Bernhard and Shirley Krahn Trust, or if any be deceased, their heirs. The said tract contains 50.37 acres of land more or less which includes Right-of-Way on the South and West and is where Anthony’s water wells are located. The motion was seconded by Commissioner Tedder. Motion carried.

APPROVAL OF PAYMENTS

A request for payment of CDBG funds to be transferred to the City of Anthony for the downtown demolition project in the amount of $13,849 was made. Mayor Muse made a motion to approve the request. The motion was seconded by Commissioner Hammersmith. Motion carried.

Ranson Financial requested payment for grant administration in the amount of $2,200. Mayor Muse made a motion to approve the request. The motion was seconded by Commissioner Dickey. Motion carried.

G&G Dozer requested payment for the downtown demolition in the amount of $68,786.55. Commissioner Tedder made a motion to approve the request. The motion was seconded by Commissioner Hall. Motion carried.

DEMOLITION OPTIONS

The PEC engineering firm performed a visual observation of the west wall of the Classic Woods building and the adjacent wall, both of which are scheduled to be demolished. PEC offered the City three actions that it can take in regards to the walls in question. Based upon recommendations made by PEC, Superintendent Sechler recommended Option #1 as the only viable option. This option requires a contractor to spray the red rock with hardener and stabilize the wall. Mayor Muse made a motion to approve Option #1. Commissioner Tedder seconded the motion. Motion carried.

CHIEF OF POLICE REPORT/BREAK-IN AT POOL/FOURTH OF JULY REPORT/BURGLARY CASE INVESTIGATION/AGGRAVATED BATTERY ARREST/RESPONSE TO DOG ORDINANCE

Chief Belvins reported that there was a break-in at the City swimming pool. This happened after the late swim on Saturday, June, 26^th, 2010. There was a loss of candy and cash. Earlier today there were investigations by the Attica Police Department and the Harper Police Department about similar burglaries that happened at their swimming pools last night. Information from those investigations led to one adult and two juveniles being taken into custody. The Anthony Police Department assisted the other two agencies. As a result of the combined efforts of the three police departments, the Harper County Sherriff Office was able to recover some of the property taken from the Anthony swimming pool, as well as the from the other two swimming pools. Some of the candy that was stolen from the Anthony swimming pool was recovered, but no money. Charges in the Anthony case will be combined with the cases from Harper and Attica and presented to the County Attorney. Good work was done by all agencies involved.

Chief Belvins also reported that the Fourth of July celebration at the Lake was a “rain out” for all events, except for the fireworks display. It was a good display. There were no problems reported at the Lake over the holiday weekend.

Chief Belvins reported that there was an investigation of a burglary/theft case from 623 E. Main by the Anthony Police Department. Officer Schultz was able to identify a suspect and through his investigation was able to files charges of burglary/theft and criminal trespass.

The Anthony Police Department responded to a fight in the 400 block of North Massachusetts. One arrest for aggravated battery was made. The case is still under investigation.

Chief Belvins said that he intends to look into a response to the stricter dog ordinances by the next meeting.

CITY SUPERINTENDENT REPORT/ELECTRIC CONDUIT AND CONCRETE INSTALLATION/MEETING WITH PHIL FISHBURN/MEETING WITH EBH/NORTH TENNIS COURTS/POWER PLANT REGULATORS/GO-KART TRACK REQUEST/WARD INDUSTRIES REQUEST/CAMPERS’ WASTE OPTIONS

Superintendent Sechler reported that the electric conduit and concrete has been installed for the lights, benches and trash receptacles at Memorial Park. Thank you to Howard Hatfield and Atmos Energy for pulling in the electric conduit.

Sherri Miller, Don Heidrick, and Superintendent Sechler met with Phil Fishburn the week of June 21^st, 2010, to set up contact information for the Rural Development information.

Terry Stark, Clerk/Administrator Kummer, and Superintendent Sechler met with EBH last week to discuss the future water project.

The contractors working on the north tennis court are close to 60% finished with the project.

The new Power Plant regulators arrived this week. The plan is to have them installed on July 15^th, 2010. Superintendent Sechler said that he hopes that the transformer can be installed the week of July 19^th, 2010. During that period of time, the Power Plant will have to generate everything.

Superintendent Sechler had a Lake Cabin Owner ask about the possibility of using the go-kart track at the Lake. The Commissioners expressed concern that it did not want the City to be liable for it. The track is currently in bad shape. In previous years, when the track was leased out, the group that leased it out had their own liability on it. The City currently owns the track and does not lease it out due to liability issues.

Mr. Wade Nye with Ward Industries contacted the Power Plant Supervisor Larry Berry with a quote to wreck out the old steam turbines at the Power Plant. Mr. Nye would be willing to play the City $20,000 for the three obsolete steam turbines and would also be willing to pay the full cost of putting the Power Plant back into the condition it was in before the turbines were removed from the facilities. Mr. Nye would have to wait until September to collect the turbines. Superintendent Sechler explained to the Commission that there would be a thorough contract so that things would be handled correctly. This would be a binding contract so that Ward Industries would only take what they said that they would take. More information about the potential agreement needs to be collected before the Commission makes a decision on the matter.

Superintendent Sechler reported that airport construction on the apron was supposed to begin today but no one was around. During construction, the apron will be closed and there will be no fuel available. The construction is expected to last 30-45 days.

Commissioner Tedder asked Superintendent Sechler about the waste dumps for campers that camp out at the Lake. Citizens have been approaching Commissioner Tedder wondering if there is a way to get a waste dump placed out at the Lake so that they do not have to drive into town to dump their waste. Superintendent Sechler said that there are two dump sites in town and that in order to have a dump site available at the Lake, the site would have to be tied to a sewer system. Currently, the infrastructure does not easily allow for this to take place.

CITY CLERK/ADMINISTRATOR REPORT/MEETING DIFFERENT DEPARTMENTS/NEW POOL POLICIES/MET WITH POWER PLANT EMPLOYEES/STREET SIGN PROGRESS REPORT

City Clerk/Administrator Kummer reported that she has spent some time going around to all of the numerous departments and getting familiar with what everyone does in their positions within the City.

Due to an incident at the City Pool, there are new policies put into place for anyone who either gets a seasonal pool pass or a daily pool pass.

City Clerk/Administrator Kummer met with the five power plant employees individually concerning their new work schedules and the personnel issue. She was able to learn about the concerns and issues that they had with the new schedules.

There will be a progress report and update with deadlines and information in two weeks concerning the Street Signs Project.

EXECUTIVE SESSION

Commissioner Dickey made the motion that the City Commission go into Executive Session for fifteen minutes with non-elected personnel. The motion was seconded by Tedder. Motion carried.

At 7:30 p.m., the City Commission room was cleared with all of the Commissioners remaining except for Mayor Muse, due to a conflict of interest. Also remaining were Power Plant Supervisor Berry, Superintendent Sechler, and City Clerk/Administrator Kummer. At 7:45 p.m., Commissioner Dickey moved and Commissioner Tedder seconded to go back into Executive Session for another fifteen minutes. At 8:00 p.m., Commissioner Dickey moved and Commissioner Tedder seconded to go back into Executive Session for another five minutes. At 8:05 p.m., Mayor Muse called the meeting back into regular session. No decisions were made.

MOTION TO HIRE REPLACEMENT POWER PLANT OPERATOR

Commissioner Hall made the motion to hire a new Power Plant Operator to replace the recently vacant position. The motion was seconded by Commissioner Dickey. The motion carried 4-1, with Mayor Muse opposing.

Mayor Muse made the motion that the City Commission meeting be adjourned. The motion was seconded by Commissioner Dickey. Motion carried.

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Amber Kummer, City Clerk/Administrator

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Barbara Muse, Mayor