CITY OF ANTHONY

Recorded

September 10, 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 Don Heidrick, City Clerk/ Administrator; John Blevins, Chief of Police; Amber Schmitz of The Anthony Republican; J.D. Rhea, Ron Poor, Reta Gates, Bob Tedder, Cynthia Clark, Tom Clark, Roger Masenthin, and Terry Hodgson.

The minutes of the previous meeting were approved.

APPROPRIATION ORDINANCES AND 9/04 CITY PAYROLL APPROVED

Claim Ordinances #5503 and #5504 making appropriations for the payments of certain claims against the City of Anthony in the sum of $188,174.90 for appropriation ordinances and 9/04 City Payroll for $45,211.94 were presented and on motion by Commissioner Williams, seconded by Commissioner Dickey, said ordinances and 9/04 City Payroll were 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. Completed installing the playground equipment at the Lake. Concrete work completed at the City Shop.

Tree Grates are in downtown. Doing the regular mowing. Will be working on alleys, and ditch work in town and Lake.

Was asked about Retention Ponds construction. Grant has been working on the plans for them, will have to wait until he returns.

There was concern about stepping in the grates. Mulch has been placed in them which should help to prevent people stepping into them.

Stump removal with use of new skid loader was discussed.

FLOOD INSURANCE

Information had been received about National Flood Insurance Program. The Commission would like to review the information more before making a decision. A county map showing the flood prone area is being made and Commissioner Williams thought we should wait to see the map. This insurance would cover damage from flooding after heavy downpour.

DELEGATES TO LEAGUE OF KANSAS MUNICIPALITIES CONFERENCE

Commissioner Williams made the motion that the City appoint Don Heidrick as delegate to the annual League of Kansas Municipalities Conference and Grant Sechler as alternate delegate. The motion was seconded by Commissioner Hammersmith. Motion carried.

WATER SEDIMENT BASINS

Terry Hodgson, District Conservationist for the Harper County Conservation District informed the City Commission that the Water Sediment Basins Project needs to be completed by June 30, 2008. The original start was July 2006. Money has been set aside. Two sites, Fox and Osborn sites. Inflation expense will have to be added.

Commissioners were in agreement to have project complete by December 1. Landowners need to be contacted and agreed to project.

There was discussion about Street Department or contractors doing the work.

SHORELINE PROJECT DEMONSTRATION PROJECT

Roger Masenthin of RC&D was present to update the City Commission on the Shoreline Project Demonstration Project. In order to complete up to 100 ft. of shoreline, $1,750 more would be needed for total of $3,500. Should receive KDHE approval for additional funding.

The Commission agreed that a contractor would have to do the work.

Terry Hodgson and Roger Masenthin said they would help with contractors who would want to bid on the project. June 30, 2008 is deadline for getting the project complete.

TRANSIENT GUEST TAX COMMITTEE REQUEST

Ron Poor, Chairman of the Transient Guest Tax Committee, presented the recommendation by the Committee to assist funding the October 6, Fall Fest Event and the Ball in the Hall Christmas Party, December 15 for entertainment fees, supplies, advertising and ticket printing, postage, decorations, etc., as requested by Anthony Municipal Hall Events Board. The amount requested is $1,200.

Commissioner Hammersmith made the motion that the City assist funding through the Transient Guest Tax Fund the October 6^th Fall Fest Event and December 15 Ball in the Hall Christmas Party in the amount of $1,200. The motion was seconded by Commissioner Hekel. Motion carried.

MANDATORY TRASH PICK-UP DISCUSSION

Mayor Hatfield explained that the City Commission was just beginning discussion about the possibility of a mandatory trash pick-up for Anthony.

Bob Tedder expressed concern if there would be that much savings. Alleys will have to be maintained anyway. Elderly and handicap will need assistance to get containers to the curb. Tom and Cynthia Clark would like to have the City hold a public meeting to discuss mandatory curb trash pick-up.

The Mayor and Commissioners were in agreement to plan a public meeting to discuss the topic.

CITY PROPERTIES FOR SALE

After discussion the City Commission thought a Public Auction could be held for the properties in Gray's Addition, East Half Block 13, Lots 1, 4, 5, 8, 9, 12 and City of Anthony, Original in Block 47, Lots 13, 16, 17, 20, 21 and 24. The auction would be for October 1 during the City Commission meeting. Notice would be placed on website.

The Mayor proposed that the property on North Vermont Street be offered for sale the lots on west side of proposed to be vacated Vermont Street between Vine to Highland, to Jim Bergman, and between Highland to Garfield to Susan Croft for one dollar per lot.

PROPERTY ON NORTH VERMONT

Commissioner Dickey made the motion that the City offer to sell for one dollar per lot on the Vermont Street proposed to be vacated the west side lots between Vine Street to Highland Street to Jim Bergman and the lots between Highland and Garfield to Susan Croft. The motion was seconded by Commissioner Hammersmith. Motion carried 4-1, Commissioner Wiliams voting no.

LAND AT BURNSITE

The City Commission discussed the request for land purchase at the City burn site. Appraised value by the County Appraiser is $500 per acre. There was discussion of retaining mineral rights. Interested party had asked about acquiring 100 ft. more to the south. Concern was if the City would be liable for any pollution items that may show up since it was area of old landfill. Before a decision is made, Superintendent Sechler will be asked about the area.

PLANNING COMMISSION REPORT

The City Commissioners read and were in agreement with the Planning Commission Report and minutes for Case No. PC 07-01 for Philip Hill property at 202/214 South Jennings, that the property classification be changed from R-1 Residential to B-2 Commercial. The purpose is for self storage units.

ORDINANCE NO. S-187 ADOPTED

AN ORDINANCE CHANGING THE ZONING CLASSIFICATIONS OF CERTAIN REAL ESTATE LOCATED WITHIN THE JURISDICTION OF THE CITY OF ANTHONY, KANSAS AND VARIANCES THEREOF – 202/214 S. Jennings.

Commissioner Williams made the motion, in consideration and agreement of the criteria and other facts stated by the Planning Commission Report and reading their meeting minutes and with the City Commission agreeing with the report, that the City adopt Ordinance No. S-187. The motion was seconded by Commissioner Hekel. Motion carried.

PLANNING COMMISSION REPORT

The City Commissioners read and were in agreement with the Planning Commission Report and the meeting minutes for Case No. PC 07-02 for Mark and Marcy Kastens property at 321 S. Massachusetts that the property be rezoned from R-1 Residential to I-1 Industrial. The purpose is for a powder coating business.

ORDINANCE NO. S-188 ADOPTED

AN ORDINANCE CHANGING THE ZONING CLASSIFICATIONS OF CERTAIN REAL ESTATE LOCATED WITHIN THE JURISDICTION OF THE CITY OF ANTHONY, KANSAS AND VARIANCES THEREOF – 321 S. Massachusetts.

Commissioner Williams made the motion in consideration and agreement of the criteria and other facts stated by the Planning Commission and reading their meeting minutes, with the City Commission agreeing with the Report, that the City adopt Ordinance No. S-188. The motion was seconded by Commissioner Hekel. Motion carried.

ALL-TERRAIN VEHICLES AND

WORK-SITE UTILITY VEHICLES

Information had been provided about Kansas legislation that had been adopted that permits cities to authorize the operation of both work-site utility vehicles and all-terrain vehicles on City streets. An ordinance to authorize would have to be adopted. The present City Code will be reviewed before a decision is made. May not want to include ATV's.

RE-APPOINTMENT OF DIRECTOR AND ALTERNATE DIRECTOR

TO THE KANSAS MUNICIPAL GAS AGENCY

Commissioner Hekel made the motion that the City re-appoint City Superintendent Grant Sechler Jr., as Director, and Larry Berry, Power Plant Superintendent, as Alternate Director to the Kansas Municipal Gas Agency. The motion was seconded by Commissioner Dickey. Motion carried.

CITY CLERK/ADMINISTRATOR'S REPORT / ITEMS COVERED / DEMOLITION PROJECTS/

PLAQUE FOR HALL

City Clerk/Administrator Heidrick reported items have been covered during the meeting already.

Will discuss more about the demolition projects next week. City will pay for plaque recognizing the Anthony High School alumni for contributing to the Municipal Hall Air Conditioning Project. No new information about the go ahead with payment for loan for assisting Jennings Street Investment to replace roof for Tradewinds.

QUESTIONS ABOUT APPROPRIATION ORDINANCE PAYMENTS

Several of the Commissioners questioned the payments made on the Appropriation Ordinances. Local lifeguards had received payments for working private parties held at the Swimming Pool. Dues to the American Public Power Association were questioned.

ORDER

Mayor Hatfield read Order and Finding of Facts addressed to Edward Jeramiah Zuber, Edward O. Zuber and Alberta Bern Zuber, 423 West Steadman for abatement of Health Nuisance.

Mayor Hatfield made the motion that the Order and Findings of Facts as addressed be delivered by the City to Edward Jeramiah Zuber, Edward O. Zuber and Alberta Bern Zuber, 423 West Steadman. The motion was seconded by Commissioner Dickey. Motion carried.

ORDER

Mayor Hatfield read Order and Findings of Fact addressed to Martin and Sherry Rishell, 213 North Massachusetts for abatement of Health Nuisance at 213 North Massachusetts and 223 North Massachusetts for abatement of Health Nuisance.

Mayor Hatfield made the motion that the Order and Findings of Facts as addressed be delivered by the City to Martin and Sherry Rishell, 213 and 223 North Massachusetts. The motion was seconded by Commissioner Hammersmith. Motion carried.

DEPUTY CHIEF OF POLICE REPORT / THEFT AT K&K / FORD ESCAPE

Deputy Chief of Police Kenny Hodson reported that they were working theft report at K&K Diesel.

Order from Judge the City receive the proceeds of Ford Escape vehicle and County Attorney is working on the sale.

They are working on two sex crime cases. Working and delivering weed notices. Question of losing a Police Officer.

Notice was mentioned of property south of the Shop for weeds by Commissioner Hekel.

Two wheeler scooters are illegal on the streets. Some are being ridden on streets now. Deadline dates for property renovation notices will be checked.

EXECUTIVE SESSION

Mayor Hatfield made the motion that the City Commission go into executive session for 20 minutes to discuss matters concerning non-elected personnel. The motion was seconded by Commissioner Hammersmith. Motion carried. At 11:25 A.M., the City Commission room was cleared with the Deputy Chief of Police and City Clerk/ Administrator remaining. At 11:45 A.M., the Mayor called the meeting back into regular session.

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 Hammersmith. Motion carried. At 11:45 A.M., the City Commission room was cleared with the Deputy Chief of Police and City Clerk/ Administrator remaining. At 12 Noon, the Mayor called the meeting back into regular session.

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 Dickey. Motion carried. At 12:00 Noon, the City Commission room was cleared with the Deputy Chief of Police and City Clerk/ Administrator remaining. At 12:15 P.M., the Mayor called the meeting back into regular session.

FOOTBALL FIELD PROPERTY

Commissioner Dickey asked about the change of keys and locks at the football field. Need to see if school district has any equipment there. Check on the contents of garage and need to tear down.

ADDRESS NUMBERING OF BUILDINGS AND RESIDENCES

Deputy Chief Hodson reported that some Commissioners' houses and City property building need to be numbered before trying enforcement of the required numbering of buildings.

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

________________________________________________

Donald F. Heidrick, City Clerk/Administrator

Approved by _______________________________

Howard D. Hatfield, Mayor