May 8, 2017
5:15 P.M.  

The city council met in regular session with the following present:  Mayor Jack E. Rowden; Councilman Dean Banker, Shannon Crawford, and Jason Teeter.  Absent:  Councilmen Dan Corpening and Frankie Thomas. 

Others present were City Inspector Josh Grubbs, City Clerk Thomas G. Hicks, Outside Utilities Supervisor Paul Nordyke, Electric and Park Systems Supervisor Gary Rowden, Matt Green, Pat Hall, Paul Kitzke, Tron Stegman, Joe D. Thompson, and Ruthie Winget. 

Mayor Jack E. Rowden presided. 

Motion by Jason Teeter, seconded by Shannon Crawford, to approve the minutes of the meeting of April 10, 2017 as mailed.  Motion carried. 

Each member of the governing body was provided a copy of Municipal Judge Paula Sosa’s report for the month of April, showing 14 new cases brought before the court and $1,611.00 remitted to the city. Motion by Councilman Crawford, seconded by Councilman Teeter, to accept the report.  Motion carried. 

City Inspector Josh Grubbs provided his monthly activities report.  

Grubbs also reported he has been fielding questions on shipping containers being used for storage.  Current city ordinances do not address shipping containers.  The city council felt the shipping containers would “fit” into industrial or commercial zones but did not want to see them in residential districts.  City staff will work on amending the city’s building codes to prohibit shipping containers in residential zones. 

Kansas Dairy Ingredients had a bad sample for fats, oil, and grease in December of 2016, resulting in a penalty of $337,223.00.  The city council had set the May meeting as the time to review KDI’s operation, since the bad sample.  Matt Green was present to again show the sample was an anomaly and to ask for a reduction in the penalty.  After discussion about the need to follow the contract versus the city’s desire to be supportive of a valuable industry, motion by Councilman Shannon Crawford, seconded by Councilman Dean Banker, to reduce the penalty by one-third to $224,815.00.  Motion carried. 

Motion by Shannon Crawford, seconded by Jason Teeter, to authorize the mayor to execute the contract with Earles Engineering & Inspection, Inc. in the amount of $16,173.00 for the re-drilling of water well #8.  Motion carried. 

Motion by Banker, seconded by Crawford, that a cereal malt beverage license for the remainder of calendar year 2017 be approved for Los Agaves Bar & Grill for consumption on the premises at 518 S. Main Street.  Motion carried. 

Motion by Councilman Banker, seconded by Councilman Teeter, that Ordinance No. 839, AN ORDINANCE ANNEXING INTO THE CORPORATE LIMITS OF THE CITY OF HUGOTON, KANSAS, A TRACT OF REAL ESTATE LOCATED IN THE SOUTHEAST QUARTER (SE/4) OF SECTION FIFTEEN (15), TOWNSHIP THIRTY-THREE (33) SOUTH, RANGE THIRTY-SEVEN (37) WEST OF THE SIXTH PRINCIPAL MERIDIAN, STEVENS COUNTY, KANAS; CONTAINING 1.41 ACRES MORE OR LESS, PURSUANT TO K.S.A. 12-520c, be passed.  Vote:  Councilman Banker, yes; Councilman Crawford, yes; and Councilman Teeter, yes.  Motion carried. 

After the city adopted its 2017 Water Conservation Plan and submitted it to the state, the Kansas Water Office suggested a few changes; updating some of the data, eliminating some items, and adding specific dates for implementation.  Motion by Teeter, seconded by Banker, to approve the new version of the 2017 Water Conservation Plan.  Motion carried. 

City Clerk Thomas G. Hicks reported the auditors had recently completed their review of city records.  One of the “red flags” raised was the increase in the cost of the dispatchers from 2015 to 2016, an increase of 23%.  The county bills the city and the city pays the bill.  The city clerk could not provide an answer to that question. 

The County Commissioners were present to discuss an interlocal agreement for the division and distribution of the city’s statutory share of the one percent county-wide sales tax passed by the voters in November of 2016.  The city council formally voted on July 11, 2016 to allow the county to receive the city’s share of the sales tax for a period of two years.  Subsequently on August 8, 2016, the suggestion was offered to extend the distribution to the county for a period of five years, with 75% in the third year, 50% in the fourth year, and 25% in the fifth year.  In exchange for the additional revenue, the city clerk had felt the interlocal agreement would be an opportune time to come to an agreement on the ongoing dispute on what is the city’s fair share of the dispatchers’ expenses.  The county commissioners felt the two issues should not be a part of the interlocal agreement.  The city council affirmed its commitment to allow the county the city’s share of the county-wide sales tax for two years.  Thereafter, the city will keep its share of the sales tax revenue. 

The city clerk presented a list of 2016 mill levy rates for 2017 for second class cities; sorted by alphabet, by population, by city mill levy, and by mill levies for all taxing units.  The City of Hugoton has the thirtieth lowest city mill levy rate out of those 98 cities. 

Motion by Dean Banker, seconded by Jason Teeter, that Shannon Crawford by elected “President of the Council”.  Motion carried. 

Motion by Banker, seconded by Crawford, to designate Citizens State Bank and First National Bank as official depositories for the city.  Motion carried. 

Motion by Teeter, seconded by Crawford, to designate the Hugoton Hermes as the official city paper.  Motion carried. 

Mayor Rowden announced the appointment of the following city officials.

City Treasurer/Assistant City Clerk  Carrie Baeza 
City Inspector  Josh Grubbs 
City Clerk  Thomas G. Hicks 
Chief of Police  Courtney Leslie 
Outside Utilities Supervisor  Paul Nordyke 
Electric & Park Systems Supervisor  Gary Rowden 
Municipal Judge  Paula Sosa 
City Attorney  Wayne R. Tate 

Motion by Councilman Banker, seconded by Councilman Crawford, to confirm the appointments.  Motion carried. 

Outside Utilities Supervisor Paul Nordyke presented a quote of $7,367.00 from Murphy Tractor for the purchase of a grapple to fit on the front-end loader.  Motion by Crawford, seconded by Teeter, to approve the purchase.  Motion carried. 

Claims against the city were presented and audited.  Motion by Teeter, seconded by Crawford, that Appropriation Ordinances No. 2077 and 2078 be passed.  Motion carried. 

Motion by Banker, seconded by Crawford, that the meeting go into executive session in regard to personnel matters of non-elected personnel.  Motion carried.  Mayor Rowden called the meeting into executive session at 6:50 p.m. with the meeting to reconvene in open session at 7:00 p.m. 

The meeting reconvened in open session at 7:02 p.m. 

With her appointment as Assistant City Clerk and her increase in duties, motion by Shannon Crawford, seconded by Jason Teeter, to increase the wage of Carrie Baeza by $1.50 per hour to $24.84 per hour, effective May 8, 2017.  Motion carried. 

Motion by Banker, seconded by Crawford, that the meeting adjourn.  Motion carried.