CITY OF ANTHONY

Recorded

September 28, 2009

The Board of Commissioners of the City of Anthony, Kansas met in regular session at 8:30 a.m. with Mayor Barbara Muse presiding and the following Commissioners present: Dickey, Hammersmith, Hall, and Tedder. 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; Cynthia Clark, Jim Forsyth, Lori Allen, Donna Crowe, Payson and Maria Hedlund, Don Jensen, Joe Brummer, Rose Mary Saunders, and Kelly McMurphy.

Mike McAbee, Pastor of the Assembly of God Church gave the Invocation.

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

APPROPRIATION ORDINANCE and 09/29/09 PAYROLL APPROVED

Claim Ordinance #5610 making appropriation for $119,853.11 for the payments of certain claims against the City of Anthony for appropriation ordinance and $46,082.19 for 09/29 Payroll were presented and on a motion by Commissioner Tedder, seconded by Commissioner Dickey, said ordinance and payroll were unanimously approved and claims ordered paid.

TREE BOARD REPORT

Don Jensen, Chairperson of the Anthony Tree Board gave a report to the Commission regarding the activities of the Anthony Tree Board and informed to the new Commission what the Tree Board does. He also reported that the Tree Board would like to start up a Tree Nursery in Anthony. A location had been found in the 300 Block of South Lawrence. He had visited a nursery in Clinton, Oklahoma. They are requesting the City to provide Water, use Round-Up for weeds and do the mowing.

City should be cutting down Elm diseased trees this winter.

Commissioner Hall made the motion that the City provides Water and mowing for the Tree Nursery, as proposed by the Anthony Tree Board in the 300 Block of South Lawrence. The motion was seconded by Commissioner Hammersmith. Motion carried.

LAKE BOARD RE-APPOINTMENT

Commissioner Tedder made the motion that the City re-appoints Creighton Cullop to the Anthony Lake Board. The motion was seconded by Commissioner Hammersmith. Motion carried.

POLICE REPORT/BURGLARY – NORTH KANSAS/ARREST FOR SHOPLIFTING/DISPUTE ARREST IN THE 200 BLOCK OF NORTH JEFFERSON

Deputy Chief of Police Kenny Hodson reported that the Department is investigating a Burglary that took place on S. Kansas. One female was arrested for possession of Narcotics.

One male and one female were arrested for Shoplifting at Gene’s Heartland Foods.

There was a dispute in the 200 Block of N. Jefferson. Two individuals were arrested.

FIRE DEPARTMENT RESPONSE REPORT

Fire Chief Hodson reported on the Fire at the Oil Field Rig South of Bluff City. The Fire Marshall is looking at filing charges. A Grass Fire was caused by welding work. Another worker involved put the fire out, but it started again. The worker on the ground was messing around and throwing gas into the fire.

SUPERINTENDENT REPORT/GARFIELD LIFT STATION/INFORMATION FOR ETHANOL PLANT/MEETING WITH KANZA BANK/

AIRPORT PRE-CONSTRUCTION MEETING

Superintendent Sechler reported that construction began on the Garfield Lift Station. Atmos Energy is moving the Gas line this week. The Lift Station should be delivered this week.

He completed information for the Industrial Development Board for the proposed Ethanol Plant. He attended several Meetings concerning the Downtown Demolition.

A Meeting is scheduled with Kanza Bank on Tuesday. An Architect will be here to determine development of another Drive-Thru lane.

A Pre-Construction Meeting for the Airport Improvements is in the City Commission room on Wednesday at 10:00 a.m.

ELECTRIC POWER CONTRACT

Commissioner Tedder asked what the status was on the Power Supply Review by Greg Wilson. Superintendent Sechler reported that we should be receiving a draft proposal from Western Farmers, none from KPP or KMA yet.

CITY CLERK/ADMINISTRATOR REPORT/LEAGUE CONFERENCE/DOWNTOWN IMPROVEMENT COMMITTEE/WORK SESSION/TRANSPORTATION AUDIT

City Clerk/Administrator Don Heidrick reported that everyone should be registered for League Conference at the Expo Center in Topeka.

Downtown Improvement Committee is meeting every week. They will present a proposal. The Industrial Development Board will probably want to have a Work Session with the Commission for the week after next concerning the Ethanol Plant location.

Pre-construction Meeting for the Airport Improvements Project is scheduled for Wednesday at 10:00 a.m. in the City Commission room.

Audit of Transportation (Taxi) has been postponed.

Angel Flight Central, a non-profit group made up of volunteers for families who need support and specialized health would like to place brochures at the Airport. They are asking about a fuel discount.

CDB GRANT HEARING

Mayor Muse opened the Public Hearing at 9:00 a.m. for the Medical Center’s CDB Grant Application for a new Wellness Fitness Center. Rosemary Saunders was present to explain the Application. Also, present was Kelly McMurphy of Landmark Construction. The proposed project is for $1,200,000.00 and the Medical Center has $800,000.00 towards the project.

The Commission discussed approving the Resolutions for the project.

EXECUTIVE SESSION

Mayor Muse made the motion that the City Commission go into Executive Session for 5 minutes to discuss matters considered confidential in a Client/Attorney Relationship. The motion was seconded by Commissioner Hall.

At 9:20 a.m. the City Commission room was cleared with Deputy Chief Hodson, City Superintendent Sechler, Donna Crowe, City Attorney Forsyth and City Clerk/Administrator Heidrick remaining. At 9:25 a.m., the Mayor called the meeting back into regular session. No decisions were made.

RESOLUTION NO. 749

A RESOLUTION CERTIFYING LEGAL AUTHORITY TO APPLY FOR THE 2010 KANSAS SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FROM THE KANSAS DEPARTMENT OF COMMERCE AND AUTHORIZING THE MAYOR TO SIGN AND SUBMIT SUCH AN APPLICATION

Mayor Muse made the motion that the City adopts Resolution No. 749. The motion was seconded by Commissioner Hall. Motion carried.

RESOLUTION NO. 750

A RESOLUTION ASSURING THE KANSAS DEPARTMENT OF COMMERCE THAT FUNDS WILL BE CONTINUALLY PROVIDED FOR THE OPERATION AND MAINTENANCE OF IMPROVEMENTS TO THE WELLNESS CENTER TO BE FINANCED WITH COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS.

Mayor Muse made the motion that the City adopts Resolution No. 750. The motion was seconded by Commissioner Hammersmith. Motion carried.

PUBLIC HEARINGS FOR DANGEROUS STRUCTURES

Mayor Muse opened the Dangerous Structures Public Hearing at 9:00 a.m. Jim Forsyth, City Attorney recommended the City Commission hold off in recovering the Public Hearing for the Dangerous Structure for the properties at 129 W. Main, 131 W. Main and 135 W. Main. This would give property owners more time to decide something. Once a Structure is declared dangerous, no one is to enter it.

Commissioner Dickey made the motion that the City postpones the Dangerous Structure Public Hearing for 129 W. Main, until October 12, 2009 at 9:15 a.m. The motion was seconded by Commissioner Tedder. Motion carried.

Commissioner Dickey made the motion that the City postpones the Dangerous Structure Public Hearing for 131 W. Main, until October 12, 2009 at 9:30 a.m. The motion was seconded by Commissioner Tedder. Motion carried.

Commissioner Dickey made the motion that the City postpones the Dangerous Structure Public Hearing for 135 W. Main, until October 12, 2009 at 9:45 a.m. The motion was seconded by Commissioner Hall. Motion carried.

Mayor Muse closed the Public Hearing and called the regular meeting back into session.

EXECUTIVE SESSION

Mayor Muse made the motion that the City Commission go into Executive Session for 10 minutes to discuss matters considered confidential in a Client-Attorney Relationship. The motion was seconded by Commissioner Tedder.

At 9:45 a.m., The Commission Room was cleared with Deputy Chief of Police Hodson, Donna Crowe, City Superintendent Sechler, City Attorney Jim Forsyth, and City Clerk/Administrator Heidrick Remaining. At 9:55 a.m., the Mayor called the meeting back into regular session. No decisions were made.

PUBLIC HEARING FOR DANGEROUS STRUCTURE – 135 W. MAIN

Mayor Muse re-opened the Dangerous Structure Public Hearing at 10:00 a.m. for the property at 135 W. Main. Mr. and Mrs. Hedlund were present. The Hedlund’s and City Commission discussed the structure for 135 W. Main. If declared a Dangerous Structure no one will be allowed to enter the building, The Hedlund’s were concerned about the process for having to hold a Hearing and what effect it will have on them if the building is declared a Dangerous Structure. The City Commission expressed that the City does not want to declare a building a Dangerous Structure, but need to think of the liability of the City and the safety of the citizens. The Commission suggested the Hedlund’s contact Mike Lanie, the County Economic Development Officer and Steve White, Chairman of the Anthony Industrial Development Board.

Mayor Muse closed the Public Hearing and called the meeting back into regular session.

THANK YOU

A letter of thanks will be sent to Salih Doughramaji of the Kansas Department of Commerce for his assistance in applying for the Urgent Need Grant.

Mayor Muse made the motion that the City Commission meeting be adjourned until October 12, 2009. The motion was seconded by Commissioner Tedder. Motion carried.

_____________________________________

Donald F. Heidrick, City Clerk/Administrator

___________________________________

Barbara Muse, Mayor