CITY OF ANTHONY

Recorded

May 21, 2007

The Board of Commissioners of the City of Anthony, Kansas met in regular session at 8:30 A.M. with Mayor Hatfield presiding and the following Commissioners present: Hekel, Hammersmith, Dickey, and Williams. Absent: None. Also present were Donald F. Heidrick, City Clerk/Administrator; Grant K. Sechler, Jr., City Superintendent; John Blevins, Chief of Police; Amber Schmitz of The Anthony Republican; J.D. Rhea, Kenny Hodson, John Sheetz, Marilea Struble and Tim Eaton.

The minutes of the previous meeting were approved.

APPROPRIATION ORDINANCE APPROVED

Claim Ordinance #5489 making appropriations for the payments of certain claims against the City of Anthony in the sum of $174,934.27 for appropriation ordinance was presented and on motion by Commissioner Williams, seconded by Commissioner Dickey, said ordinance was unanimously approved and claims ordered paid.

STREET DEPARTMENT REPORT

J.D. Rhea, Street Department Head, gave a report on the activities of the Street Department. Doing a lot of mowing. Hope to fill position in Street Department this week. Discussed the truck situation.

SHEETZ WATER BILL

John Sheetz was present to discuss his high water bill. After discussing the matter with Juanita Patterson, Utility Clerk, and Brad Miller, Meter Reader, the City Commission was in agreement to charge for City cost for water processing for the Sheetz bill.

Mayor Hatfield made the motion that the City charge $1.98 per 1,000 gallons for water processing for the 223,000 gallons of water for the Cheryl Sheetz bill at 541 South Anthony. The motion was seconded by Commissioner Hekel. Motion carried. He will pay $100 a month until paid.

EMC DIVIDEND CHECK

Tim Eaton and Marilea Struble of Strong's Insurance presented a dividend check from EMC for $17,098.22, part of return on experience in the insurance group from 2006. With the large amount of damage in Greensburg the question if there will be much of a dividend for this year.

The City Commission discussed having insurance company review Municipal Hall for fire safety, perhaps help with policy expense. Maybe Fire Department could review building. EMC can provide check list for City to use.

CHUBB INSURANCE

Tim Eaton presented the renewal for internal combustion insurance from Chubb for the Electric Power Plant equipment. Cost is $20,996 including a $150 fee.

Commissioner Williams made the motion that City purchase internal combustion insurance for the Electric Power Plant as presented by Strong's Insurance for $20,996. The motion was seconded by Commissioner Dickey. Motion carried.

DEMOLITION PROPOSAL – 401 EAST MAIN

One bid was received for the demolition of the dangerous structure at 401 East Main from Hi-Grade Sand. After discussion of the expense for this and future demolitions and how they may be financed, Commissioner Williams made the motion that the City accept the bid from Hi-Grade Sand for $4,250 for the demolition of the structure at 401 East Main, including fill work. The motion was seconded by Commissioner Hekel. Motion carried.

RESOLUTION NO. 684 ADOPTED

A RESOLUTION AUTHORIZING THE GOVERNING BODY OF THE CITY TO FIX A TIME AND PLACE AT WHICH THE OWNER, THE OWNERS AGENT, ANY 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, referring to Lots Seventeen (17) and Eighteen (18) in Block Seventy-Seven (77) in the Original Townsite of Anthony, Harper County, Kansas – 301 South Bluff, Owner of Record being Kenneth Richard & Regina Lynn Terherst.

Commissioner Williams made the motion to adopt Resolution No. 684. The motion was seconded by Commissioner Hekel. Motion carried.

ORDER TO ABATE HEALTH NUISANCES AND INOPERABLE VEHICLES

Mayor Hatfield made the motion that the City present to owners of record Findings of Fact and Order for the Abatement of Health Nuisance and/or Inoperable Vehicles on properties described as follows:

1. Kenneth Richard and Regina Lynn Terherst, Health Nuisance – 301 South Bluff, Lots Seventeen (17) and Eighteen (18) in block Seventy-seven (77) in the Original Townsite of Anthony, Harper County, Kansas.

2. Raphael A. and/or Brandi R. Gehlen, Inoperable Vehicle – 623 North Lincoln, Legal: The West 85 feet of the following described tract in the SE 1/4 of Sec. 24, Twp. 33 S. Range 7 West of the 6^th P.M. Beginning 60 feet East of the NE corner of Block 11, East in Highland Addition to the City of Anthony, Kansas thence East 170 feet, thence South 100 feet, thence West 170 feet, thence North 100 feet to the place of beginning.

3. Kerry J. & Donica J. Schroeder, Inoperable Vehicle – 215 South Franklin, Legal: The south half (S/2) of Lot Seven (7) and the North Half (N/2) of Lot Ten (10), in the City of Anthony, Harper County, Kansas, as shown by the recorded Plat thereof.

4. Victor L. Osborn, Health Nuisance – 617 North Bluff, Legal: South Sixty-five (65) Feet of the North One Hundred Fifteen (115) Feet of the West One-half (W/2) of Block Three (3) West in Highland Addition to the City of Anthony, Harper County, Kansas, as shown by the recorded Plat thereof.

The motion was seconded by Commissioner Williams. Motion carried.

KDOT PROJECT: 39 K-9179-01

Commissioner Williams made the motion that the City approve the Resolution Authority to Award Contract Commitment of City Funds for KDOT Project: 39 K-9779-01. The motion was seconded by Commissioner Dickey. Motion carried.

AT&T FRANCHISE

ORDINANCE NO. S-183 ADOPTED

A CONTRACT FRANCHISE ORDINANCE GRANTED TO SOUTHWESTERN BELL TELEPHONE, L.P., A TELECOMMUNICATIONS LOCAL EXCHANGE SERVICE PROVIDER PROVIDING LOCAL EXCHANGE SERVICE WITHIN THE CITY OF ANTHONY, KANSAS.

Commissioner Williams made the motion that the City approve Ordinance No. S-183 for A.T.&T. Franchise with a fee of $2.25 per access line, for initial term of two years beginning 1/1/08 to 12/31/09, for one year term renewals, unless 90 days notification is given, not to exceed 20 years. The motion was seconded by Commissioner Hekel. Motion carried. Notice will be placed in paper.

ATMOS PROPOSED FRANCHISE ORDINANCE

Mayor Hatfield presented the ATMOS FRANCHISE Ordinance as revised and reviewed by City and ATMOS. The City Attorney will review final draft.

INTERRUPTIBLE TRANSPORTATION SERVICE AGREEMENT

WITH ATMOS ENERGY

Commissioner Williams made the motion that the City approve the Interruptible Transportation Service Agreement with ATMOS Energy. The motion was seconded by Commissioner Dickey. Motion carried 4-1, Mayor Hatfield abstaining.

CHIEF OF POLICE REPORT / DL/DUI CLASS / NOTICES SERVED /

DOOR HANGARS FOR ADDRESS NUMBER RESIDENCE / RAMBO

Chief of Police Blevins reported that they had presented a Driver License/Driving under the Influence Class to the 8^th grade. They are serving a number of notices for weed, health nuisance and inoperable vehicles. He received 'door hangars' for residences that need numbered for addresses.

Mayor Hatfield said that Marilyn Giesen of Friendship Meals said that it would be good to have a presentation with Rambo.

CITY SUPERINTENDENT'S REPORT / WEST ACRES / SUNFLOWER H2O PROJECT /

GUN CLUB PROJECT / LAKE SHOWER / POOL OPENING /

GAS METERS TESTED AT POWER PLANT / PRAIRIE BELTING PROJECT /

GREENSBURG HELP

City Superintendent Sechler reported that drainage behind West Acres is complete. He attended Sunflower H2O Project meeting in Medicine Lodge. They have retained services of two engineering firms, Gernsey and Bartlett and West. The study would be in two phases.

Rewiring of Gun Club is about complete. A door was replaced.

Hopefully shower heater will be working at the Lake this week.

Water Department with help of Plant Power employees is working to get Pool ready for this week's opening. The Water Department will be repairing a leak on North Anthony.

Atmos tested the City's gas meters at the Power Plant. Meters need to be replaced. Atmos will get information for replacement.

The transformer for the Prairie Belting Project should be delivered this week. He finished the staking sheets for the project.

It will be up to City Superintendent if more help can be sent to Greensburg if requested.

Skid Loader bids next week.

CITY BUILDING AND CITY SHOP

Commissioner Dickey asked about getting a new back door for the City Building. Steel door will be priced. The City Commission also discussed moving the City Superintendent Office to City Shop. Superintendent will try and locate previous drawing for moving office to Shop. Maybe provide meeting room, provide some more security at Shop, free up room at City Hall, re-do restrooms and make City Building handicap accessible.

CITY CLERK/ADMINISTRATOR'S REPORT / MOSQUITOES /

TELEPHONE FRANCHISE

City Clerk/Administrator Heidrick reported that the ball diamonds are to be sprayed for mosquitoes. Reida will price spraying the town.

He gave further information about Telephone Franchise notice.

IRS RULING

City Clerk/Administrator reported on the IRS ruling that meal cost reimbursement to City employees who attend one day meetings for the City has to be reported as personal income. The mileage reimbursement will be increased to 48.5c per mile, and eliminate the reimbursement for one day meeting meal cost. After discussion, it was consensus of Mayor and Commission to review the ruling before determining changes.

911 COMMITTEE

There was discussion about the 911 Committee. Mayor had discussed it with Carol Baldwin. Mayor thought that the City should maybe look at going out on its own for utilities to ensure service for utilities in the future.

EXECUTIVE SESSION

Mayor Hatfield made the motion that the City Commission go into executive session for 15 minutes to discuss matters concerning non-elected personnel. The motion was seconded by Commissioner Williams. Motion carried. At 11:26 A.M., the City Commission room was cleared with the City Superintendent, and City Clerk/ Administrator remaining. At 11:41 A.M., the Mayor called the meeting back into regular session.

COMMISSIONER COMMENTS –SKID LOADER BIDS AND URINALS

-Skid Loader bids should be ready next meeting.

-Urinals for Lake are not completed yet.

-Complaint about concrete in front of Radio Shack.

Commissioner Hammersmith made the motion that the City Commission meeting be adjourned. The motion was seconded by Commissioner Williams. Motion carried.

______________________________________________

Donald F. Heidrick, City Clerk/Administrator

Approved by ___________________________________

Howard D. Hatfield, Mayor