CITY OF ANTHONY

Recorded

September 24, 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; Grant K. Sechler Jr., City Superintendent; Kenny Hodson, Deputy Chief of Police; Amber Schmitz of The Anthony Republican; Hugh Allen Barker, Larry Robb, Larry Berry, and Donna Crowe.

The minutes of the previous meeting were approved.

APPROPRIATION ORDINANCE APPROVED

Claim Ordinance #5506 making appropriations for the payments of certain claims against the City of Anthony in the sum of $228,153.98 for appropriation ordinance was presented and on motion by Commissioner Williams, seconded by Commissioner Dickey, said ordinance was unanimously approved and claims ordered paid.

ELECTRIC PRODUCTION DEPARTMENT REPORT

Larry Berry, Power Plant Superintendent, reported on the activities of the Electric Production Department. They made it through the summer months of generation without any plant related power outages. The Plant carried the total system load on every day needed by the contract agreement with Western Farmers Electric.

Danny Muse will complete training and take call the first week of October 2007.

They added a lot of dirt to the containment dike around the plant and believe it will be the height needed to keep Bluff Creek out of the plant.

A person from Chubb Insurance will come September 25^th to run vibration and pressure test on Unit No. 3. He is going to Oklahoma City to get recertified for air emissions on Tuesday.

Hopefully one more mowing for the year.

They will be doing deflections on all the units to see where they are for maintenance reasons.

They will work on everything outside until weather prevents it and then work on total plant for wipe down.

He is seeking bids to replace maintenance parts used earlier. Commissioner Hekel made motion that Larry Berry, Power Plant Superintendent, be permitted to expense a maximum of $4,000 for maintenance repair parts – for the Plant engines. The motion was seconded by Commissioner Hammersmith. Motion carried.

They appreciated the fans installed for the transformers. It has helped with the transformers' performance.

LAKE LEASEHOLDERS CONCERN

Larry Robb was present to voice concern about the maintenance at the Lake, when they are now part of the City Limits. There was discussion about the mowing, the road grading and the mandatory trash pick-up. The location of the proposed silt ponds was discussed.

The Mayor said that Commission told the City Crew to cut back on some areas for mowing. There is new personnel now learning the job. City Superintendent said that after new personnel gets situated the schedule for mowing should get better and areas will be included. The Commission indicated that a Public meeting will be held to discuss the mandatory trash pick-up.

CDBG PUBLIC HEARING

The Mayor at 8:45 A.M., closed the regular meeting and opened the CDBG Public Hearing for the U.S. Floss Project. Donna Crowe was present. There were no comments from the Public. At 9:55 A.M., the Mayor closed the CDBG Public Hearing and called the regular meeting back into regular session.

WAYNE DENNIS FUND COMMITTEE SAYS NO

Donna Crowe reported that the Wayne Dennis Fund Committee had turned down request for $4,600 to match Grant application for playground equipment at the ball field. She will go ahead and apply for the Grant. Funding will have to be obtained from other funds.

DEMOLITION PROJECT – FRAZIER BUILDING

Hugh Allen Barker was present to discuss the billing for the demolition of Frazier Building and the house at 401 East Main. Members of the Commission discussed the application of the penalty clause for the demolition project delay as explained in the contract. The Commission had received an agreement letter indicating that demolition agreement will be fulfilled by November 1, 2007 and will be indicated in a written notice.

After discussion Mayor Hatfield made motion to charge $50 per day penalty for the demolition project delay for Frazier Building. This would amount to $50 instead of $500 per day for 33 days for a total of $1,650. The motion was seconded by Commissioner Hammersmith. Motion was defeated, 2-3, Hatfield and Hammersmith voting yes, Williams, Hekel, Dickey voting no.

Commissioner Williams made motion that the penalty for the demolition delay for the Frazier Building be waived, with 5% retainage held until project is completed according to letter agreement dated September 17, 2007. The motion was seconded by Commissioner Hekel. Motion carried, Commissioners Williams, Hekel and Hammersmith voting yes, Mayor Hatfield and Commissioner Dickey voting no.

401 EAST MAIN – DEMOLITION

Mayor Hatfield made motion that the City waive the $100 per day penalty clause for the demolition delay for the demolition project for the structure at 401 East Main. The motion was seconded by Commissioner Hekel. Motion carried 4-1, Commissioner Dickey voting no.

MANDATORY TRASH PICK-UP PUBLIC MEETING

After discussion the City Commission was in agreement to have a Public meeting to discuss the proposed mandatory trash pick-up, on October 22^nd, at 7:00 P.M. Notice will be published in the newspaper.

ORDINANCE NO. S-189 ADOPTED

A SPECIAL ORDINANCE VACATING VERMONT AVENUE FROM THE NORTH LINE OF VINE STREET TO THE SOUTH LINE OF GARFIELD STREET IN GRAY'S ADDITION TO THE CITY OF ANTHONY, HARPER COUNTY, KANSAS, eighty (80) foot street known as Vermont Avenue extending from the north line of Vine Street to the south line of Garfield Street in Gray's Addition to the City of Anthony, Harper County, Kansas.

Commissioner Hekel made the motion that the City adopt Ordinance No. S-189. The motion was seconded by Commissioner Hammersmith. Motion carried 4-1, Commissioner Williams voting no.

RESOLUTION NO. 689 ADOPTED

A RESOLUTION TO PROVIDE MUNICIPAL EQUIPMENT BY THE CITY OF ANTHONY AND ITS ELECTRIC DEPARTMENT FOR AN AMOUNT NOT TO EXCEED $10,022.00 WITH THE ELECTRIC DEPARTMENT PAYING THIS AMOUNT AND THE LEASE PURCHASE FROM THE ELECTRIC DEPARTMENT OF SAID MUNICIPAL EQUIPMENT BY THE CITY OF ANTHONY LAKE DEPARTMENT AS AUTHORIZED BY K.S.A. 10-1116(b) and 10-1116(c).

Commissioner Hekel made the motion to adopt Resolution No. 689. The motion was seconded by Commissioner Hammersmith. Motion carried.

RESOLUTION NO. 690 ADOPTED

A RESOLUTION TO PROVIDE MUNICIPAL EQUIPMENT BY THE CITY OF ANTHONY AND ITS ELECTRIC DEPARTMENT FOR AN AMOUNT NOT TO EXCEED $8,348.00 WITH THE ELECTRIC DEPARTMENT PAYING THIS AMOUNT AND THE LEASE PURCHASE FROM THE ELECTRIC DEPARTMENT OF SAID MUNICIPAL EQUIPMENT BY THE CITY OF ANTHONY POLICE DEPARTMENT AS AUTHORIZED BY K.S.A. 10-1116(b) and 10-1116(c).

Mayor Hatfield made the motion to adopt Resolution No. 690. The motion was seconded by Commissioner Williams. Motion carried.

RESOLUTION NO. 688 ADOPTED

A RESOLUTION TO PROVIDE MUNICIPAL EQUIPMENT BY THE CITY OF ANTHONY AND ITS ELECTRIC DEPARTMENT FOR AN AMOUNT NOT TO EXCEED $18,183.00 WITH THE ELECTRIC DEPARTMENT PAYING THIS AMOUNT AND THE LEASE PURCHASE FROM THE ELECTRIC DEPARTMENT OF SAID MUNICIPAL EQUIPMENT BY THE CITY OF ANTHONY WATER/WASTEWATER DEPARTMENT AS AUTHORIZED BY K.S.A. 10-1116(b) and 10-1116(c).

Commissioner Williams made the motion to adopt Resolution No. 688. The motion was seconded by Commissioner Hekel. Motion carried.

CITY SUPERINTENDENT'S REPORT / PROBLEMS SOLVED AT K-2/K-44 INTERSECTION/

PLAT FOR NORTHWEST ADDITION / ROAD FOR ADDITION /

BIDS RECEIVED FOR TENNIS COURTS / PROJECT FOR BOND ISSUE /

PROCEED WITH I.D. PROPERTY HIGHWAY ENTRANCE

City Superintendent Sechler reported the problems on the K-2/K-44 intersection as indicated by the EBH engineer inspector have been resolved.

He has been working with Messner Development Group and Mike Alldritt on the Plat for the addition in northwest part of Anthony. He is waiting on legal's for zoning advertisement.

He questioned how to proceed on road construction for the addition.

He received two bids for north tennis courts. He and Randy Warner will go over bids for the courts.

The City Commissioners discussed a list for Bond issue. First Lake Road, Tennis Courts, West Washington Street, Frazier Seed Building and the Industrial Development Property highway entrance.

The Mayor was concerned the construction of the I.D. Property highway entrance had not been pursued. He would like to get this started now and not wait.

DEPUTY CHIEF OF POLICE REPORT / 315 NORTH SPRINGFIELD REPAIR AND DEMOLITION BID / NATHAN HOUSTON IN HOSPITAL / GIVES ZUBER 60 DAYS EXTENSION FOR CLEAN-UP / SEXUAL ABUSE CASES

Deputy Chief of Police Kenny Hodson reported that completion date for the repair of 315 North Springfield was today but they have not started and no contacts with the City made.

The Commission discussed about requesting bids for the demolition of the house structure at 315 North Springfield. Commissioner Dickey expressed concern about the costs that are being incurred for the City with the structure demolition.

Commissioner Hekel made motion that the City ask for bids for demolition of the structure at 315 North Springfield. The motion was seconded by Commissioner Williams. Motion carried 4-1, Commissioner Dickey voting no.

Nathan Houston has been in hospital. John Blevins has had eye surgery.

He had given Jeremiah Zuber a health nuisance notice for his property. He gave him a 60-day extension until November 20.

Investigated 3 more sexual abuse cases, two have been dropped, one is going forward.

Commissioner Hekel asked about loose dogs reported earlier.

CITY CLERK/ADMINISTRATOR'S REPORT / TAX MONEY / BARKER PAYMENT /

LEAGUE CONFERENCE REGISTRATION / PATROL OFFICER POSITION / CLOSING COST

City Clerk/Administrator Heidrick reported that the City had received $63,166.90 September tax money from the County Treasurer. The City received $64,516.91 in 2006.

The City will pay Hugh Allen Barker the agreed amount with the 10/01 appropriation ordinance.

Registrations are in for the League Conference.

Have begun advertising for Patrol Officer position.

Cost of closing for auction property sale will be responsibility of the buyer.

PROPERTY FOR SALE

Superintendent Sechler had checked on additional property requested by Mike Anderson and there should be no problem with its location. No reserve was set for the property to be auctioned.

USE OF CITY EQUIPMENT

Kenny Hodson asked permission for the Fire Department to use City truck to haul bricks and rubbish from the site for the new Fire Department Building. Permission o.k.

THANK YOU

Mayor Hatfield read a thank you from Roger Koeppen for the City's contribution and work for the Grandma Park at the Lake.

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