The city council met in adjourned session from the meeting of February 18, 2008 with the following present: Mayor Jack E. Rowden; Councilmen Gary Baughman, Mike Eshbaugh, Greg Gill, Kim Harper, and Bob Mason.

Others present were Outside Utilities Supervisor Dean Banker, City Clerk Thomas G. Hicks, Chief of Police Steve Lewis, City Inspector Tony Martin, Electric System Supervisor Gary Rowden, City Attorney Wayne R. Tate, David Goetzinger, Nathan Holman, Marc Kliewer, Bryon Koehn, Courtney Leslie, Brad Musgrove, Ruthie Winget, and Bob Ward.

Mayor Jack E. Rowden presided.

The minutes of the meetings of February 11, 2008 and February 18, 2008 were approved as mailed.

Each member of the governing body was presented a copy of Municipal Judge Sherri Leonard’s report for the month of February, showing 20 new cases brought before the court and $3,412.50 remitted to the city.

City Inspector Tony Martin presented a monthly activities report.

Councilman Gary Baughman arrived at 5:28 p.m.

Brad Musgrove reviewed the renewal package for the city’s insurance policies with Employer’s Mutual Companies. Motion by Baughman, seconded by Gill, to accept the package as proposed.

Representatives of United Prairie Ag were present to ask the city council to modify the railroad crossing agreement to allow for the manual activation of the warning lights at the six specified locations to accommodate the unit train. Motion by Councilman Harper, seconded by Councilman Mason, to direct the city attorney to amend the agreement to allow for the manual activation of the lights on a 12-month trial basis. Motion carried.

New policeman David Goetzinger was introduced to the governing body.

RECREATION COMMISSION

Motion by Greg Gill, seconded by Kim Harper, that the swimming pool operation agreement, dated April 9, 2007, between the city and recreation commission be renewed without changes for another year Motion carried.

According to "Section 1-513(e) of The Code of the City of Hugoton, Kansas", no vacation time shall be allowed to any employee whose employment is terminated for any reason between the first and second anniversary dates of employment. Policeman Bryon Koehn recently resigned from the city and was present to ask the city council to reconsider the fairness of that section of the city code. Mr. Koehn had been paid for part of his accrued vacation before the city clerk found out about the vacation leave and stopped the payment of the balance. Motion by Gill, seconded by Baughman, that the city pay Mr. Koehn for the remaining balance of his two weeks vacation. Motion carried.

City Clerk Thomas G. Hicks presented additional data on the history of the commercial customers billed at demand meter rates and three-phase rates. A discussion ensued on the method of determining which customers are billed at demand meter rates. Motion by Harper, seconded by Baughman, that the city’s electric rate ordinance be amended to increase the transformer capacity from 45 KvA to 75KvA for customers to be considered large power and be assessed a demand charge. Motion carried.

Motion by Mason, seconded by Baughman, to re-appoint Charlie Wagner as Director #2 to represent the City of Hugoton on the Kansas Municipal Energy Agency board of directors. Motion carried.

Motion by Councilman Harper, seconded by Councilman Gill, that Ordinance No. 750, AN ORDINANCE PROVIDING FOR CONTINUED MEDICAL INSURANCE COVERAGE FOR EMPLOYEES OF THE CITY OF HUGOTON, KANSAS FOLLOWING RETIREMENET OF ANY ELIGIBLE CITY EMPLOYEE; SETTING FORTH REQUIREMENTS AND COSTS FOR ELIGIBILITY FOR PARTICIPATION IN CONTINUED MEDICAL INSURANCE COVERAGE; PROVIDING FOR ANNUAL REVIEW; AND REPEALING ORDINANCE NO. 660, AND ALL ORDINANCES IN CONFLICE HEREWITH, be passed. Vote: Councilman Baughman, yes; Councilman Eshbaugh, yes; Councilman Gill, yes; Councilman Harper, yes; and Councilman Mason, no. Motion carried.

Motion by Harper, seconded by Eshbaugh, that Ordinance No. 751, AN ORDINANCE RELATING TO AND FIXING THE SALARIES AND COMPENSATION OF OFFICERS AND EMPLOYEES OF THE CITY OF HUGOTON, KANSAS, AMENDING SECTION 1-504 OF CHAPTER 1, ARTICLE 5, OF THE CODE OF THE CITY OF HUGOTON, KANSAS, 1991, REPEALING SECTION 1, 1-504, OF ORDINANCE NO. 645, REPEALING SECTION 1, 1-506, OF THE CODE OF THE CITY OF HUGOTON, KANSAS, 1991, AND REPEALING ALL OTHER ORDINANCES IN CONFLICT HEREWITH, be passed. Vote: Baughman, yes; Eshbaugh, yes; Gill, yes; Harper, yes; and Mason, yes. Motion carried.

The merits of the KDOT Transportation Enhancement Application for improvements to the downtown area were debated. Motion by Harper, seconded by Gill, to commit to the city’s share of the funding and to pursue the grant application. In favor of the motion: Councilmen Gill, Harper, and Mason. Opposed: Councilmen Baughman and Eshbaugh. Motion carried.

Motion by Gill, seconded by Harper, to transfer $100,000.00 from the General Operations Fund to a newly created Streetscape Fund to begin setting aside the city’s share of the costs of the downtown improvements. Motion carried.

Motion by Mason, seconded by Eshbaugh, that the city contribute $100.00, from electric department funds, to Project After Prom. Motion carried.

Motion by Baughman, seconded by Gill, to purchase a used copier from Southern Office Supply, Inc. at a cost of $5,995.00. Motion carried.

The city clerk presented copies of the city’s current water conservation and water emergency plans. Both documents are to be reviewed annually for updates at the April city council meeting.

As a part of the water main replacement project along Main Street, Earl Omo’s private water line ruptured when the water was turned on to the new main. A neighbor reported the water came on with a "bang". The "water hammer" evidently was the cause of the damage. The city clerk has made two requests with the contractor to consider restitution of the Omo’s damages. No reply has been received. Motion by Baughman, seconded by Mason, to reimburse the Omo’s for $878.58, with the payment coming from the improvement project funds. Motion carried.

Claims against the city were presented and audited. Motion by Baughman, seconded by Eshbaugh, that Appropriation Ordinances No. 1857 and 1858 be passed. Motion carried.

Bids were opened for two automatic garage doors in the south end of the mechanic’s shed at 105 E. Fourth.

Kansas Doors, Inc . $5,612.00

Overhead Door Company $6,844.00

Motion by Mason, seconded by Gill, to accept the bid of Kansas Doors, Inc. Motion carried.

The electric department has rented a concrete breaker attachment for the bobcat and is using it to break out the old engine bases at power plant #1. The cost of the attachment is $1,500.00 per month. It is going to take another month to complete the project. By that time, the city will have half the cost of a new one in rental fees. The rent can be applied to the purchase of a new attachment. Motion by Gill, seconded by Mason, to purchase a concrete breaker. M0toin carried.

Chief of Police Steve Lewis reported he has received requests to post no-parking signs on the west side of the 1000 block of Jackson Street across the street from the clinic and on both sides of the west one-half of the 200 block of Third Street. Motion by Baughman to install the no-parking signs. The motion died for the lack of a second.

Motion by Mason, seconded by Eshbaugh, to employ Thomas J. Steers as a patrolman at a rate of $13.00 per hour, effective March 16, 2008. Motion carried.

Motion by Harper, seconded by Gill, to authorize the city clerk to execute the settlement agreement and release between Cassie Hagman and the city. Motion carried.

Motion by Mason, seconded by Eshbaugh, that the meeting go into executive session in regard to personnel matters. Motion carried. Mayor Rowden called the meeting into executive session at 7:50 p.m. with the meeting to reconvene in open session at 8:05 p.m.

The meeting reconvened in open session at 8:06 p.m.

Motion by Harper, seconded by Eshbaugh, that the meeting be adjourned to April 7, 2008 at 5:15 p.m. Motion carried.