CITY COUNCIL MEETING

October 11, 2005

5:15 P.M.

The city council met in adjourned session from the meeting of September 26, 2005 with the following present:  Mayor Neal R. Gillespie; Councilmen Gary Baughman, Gary Gold, and Kim Harper.  Absent:  Councilmen Greg Gill and Bob Mason.

Others present were Outside Utilities Supervisor Dean Banker, City Clerk Thomas G. Hicks, Chief of Police Steve Lewis, Electric System Supervisor Gary Rowden, City Attorney Wayne R. Tate, Richard Barnes, Sherry Goering, Kenneth & Elwanda Irwin, Richard Leeper, Roger Lynch, Tom Roberts, and Dale Sutton.

Mayor Neal R. Gillespie presided.

The minutes of the meetings of September 6, 2005 and September 27, 2005 were approved as mailed.

Each member of the governing body was provided a copy of Municipal Judge Kay Gill’s report for the month of September, showing 17 new cases brought before the court and $1,937.08 remitted to the city.

CHARGE OFFS

Motion by Gary Gold, seconded by Kim Harper, that uncollectible utility accounts in the amount of $3,553.41 be charged off with every effort made to collect the accounts.  Motion carried.

ORGANIZATIONS

Deanna Burkhart, with Aquila , appeared before the governing body to give city officials an opportunity to provide feedback on the performance of her company in the community.  Mrs. Burkhart also reported the cost of natural gas is up by 60% from a year ago.  Consumers need to be preparing for much higher than normal natural gas bills this winter by taking conservation measures now and by supporting contribution agencies to help the needy.

DRAINAGE

City Engineer Pete Earles has surveyed the alley in the 1400 Block of Monroe.  The only hope for improving the drainage is to remove the south entrance of the alley into Fifteenth Street , to replace it at a lower elevation, and to re-slope the alley to the north entrance.  Motion by Councilman Harper, seconded by Councilman Baughman, for the city to take the corrective actions suggested by the engineer.  Motion carried.

MOBILE HOMES

The city attorney asked for clarification on the new requirements for mobile homes.  The motion passed at the September 6, 2005 city council meeting stated any mobile homes currently on the tax rolls, regardless of age, would be grandfathered in to remain on their current sites or to be relocated within the community after passing a visual inspection and safety inspection by the city inspector.  Since that meeting, discussion has been held to limit the eligibility for relocation to mobile homes no older than 1976 models.  Motion by Councilman Gold, seconded by Councilman Harper, to instruct the city attorney to incorporate into the new manufactured home ordinance provisions for grandfathering only 1976 or newer models for relocation after passing the inspections.  In favor of the motion:  Councilmen Gold and Harper.  Opposed:  Councilman Baughman.  Motion carried.

MOBILE HOMES

Motion by Harper, seconded by Gold, that as a part of the new manufactured homes’ requirements, the city attorney is instructed to amend “Section 18-218(3)(b) of the Code of the City of Hugoton , Kansas, 1991” to allow only one manufactured home on a corner lot and to not allow a manufactured home on a corner lot where a house is already located.  Property owners of corner lots where utility services are currently in place for two dwellings (a house and a manufactured home or two manufactured homes) shall be allowed to maintain the two dwellings, including the replacement of existing manufactured homes with approved manufactured homes.  Motion carried.

CITIZENS REQUESTS

Stevens County Extension Agent Tom Roberts asked for permission to paint the 4-H insignia on the east and west sides of the intersection of Main and Sixth Streets and on the north side of the intersection of Washington and Eleventh Streets to promote 4-H awareness.  The city council did not think the street painting project was a good idea.   Sidewalk chalk art, a banner across Main Street , or the new school message board were suggested as better mediums to promote the message.

NUISANCES

Kenneth and Elwanda Irwin met with the city council to come up with a workable solution for the removal of dilapidated mobile homes in their trailer park at 430 West City Limits.   The city inspector has targeted five mobile homes for removal (space #’s 1, 2, 3, 7, and 8).  The Irwin’s stated the space #8 mobile home has been repaired.  They have titles to the mobile homes in space #’s 2, 3, and 7 and agree those need to be demolished.  The Irwin’s asked for six months to get what they need out of the mobile homes in space #’s 2 and 3.  They indicated the mobile home in space #7 would be ready for removal in 15 days.  The outside utilities supervisor offered to remove the mobile homes for $200.00, apiece.  The title to the mobile home in space #1 is not in the Irwin’s name.  Mr. Irwin stated if he could not get the title, he would handle the disposal of that mobile home himself.

NUISANCES

Motion by Councilman Gary Gold, seconded by Councilman Kim Harper, that the city attorney prepare an agreement between the Irwin’s and the city, setting forth the terms and conditions for the removal of the mobile homes in space #’s 2, 3, and 7 and that the mayor and city clerk be authorized to execute the agreement.  Motion carried.

POWER PLANTS

Richard Barnes, power plants’ foreman, presented a request for the city to change its operating permit for plant #2 from Class I to Class II.  Such a change would greatly reduce the reporting burdens and expenses for the city.  The change would reduce the city’s allowable emissions from 250 tons per particulate per year to 100 tons.  With the interconnection, the city will not approach the 100-ton limit, unless a catastrophe would prevent Pioneer Electric from providing electricity for a long period of time.  In that unlikely event, the city could contact the State and operate under the Class I restrictions.  Motion by Harper, seconded by Gold, to apply for the Class II permit.  Motion carried.

FINANCE

Motion by Gold, seconded by Baughman, to accept a contract with Hay – Rice and Associates for an amount no to exceed $7,800.00 for the audit of the 2005 city records.  Motion carried.

LICENSES

The new Alco store has made an application for a cereal malt beverage license.  According to “Section 3-206(b) of the Code of the City of Hugoton , Kansas, 1991”, “It shall be unlawful to sell or dispense at retail any cereal malt beverage at any place within the city limits that is within a 300-foot radius of any church, school or library”.  City Attorney Wayne R. Tate reported his interpretation was the 300 feet would have to be from property line to property line.  The Alco store is adjacent to school property.

SEWER

Outside Utilities Supervisor Dean Banker reported he has been contacted about the city providing a dump site for waste from septic tanks.  The consensus of the governing body was for the city to not become involved in the disposal of septic tank waste.  The operators of septic tank disposal services for rural customers should not expect the city to accept the waste.

POWER PLANTS

Electric System Supervisor Gary Rowden and Power Plants’ Foreman Richard Barnes reported the automation for the water and sewer controls at the south power plant has been installed.  Currently, minor “bugs” are being worked out.

BIDS, EQUIPMENT

Rowden asked for permission to take bids to replace the pickup used by the mechanics at the power plant.  Motion by Gold, seconded by Harper, to approve the request for bids.  Motion carried.

POLICE

Chief of Police Steve Lewis provided bids from Malone Enterprises and from Trinidad Don Juan for erection of a new animal control building.  The Malone bid is for a 30’ by 48’ metal building with a concrete floor.  The Don Juan bid is for block walls and concrete floor only.  City Clerk Thomas G. Hicks reported the general fund cannot support that large an expenditure at this point in 2005.  Lewis was instructed to take additional bids and to have Malone modify his bid for a four-foot concrete stem wall.  The city’s existing animal control facility failed its last inspection.  The city has until the end of the month to make the required improvements or to show progress for the construction of a new facility.

PERSONNEL

Motion by Harper, seconded by Baughman, to increase the mileage reimbursement rate for city employees using their personal vehicles on city business to 40 cents per mile.  Motion carried.

Claims against the city were presented and audited.  Motion by Harper, seconded by Gold, that Appropriation Ordinances No. 1799 and 1800 be passed.  Motion carried.

Motion by Harper, seconded by Gold, that the meeting go into executive session in regard to personnel matters.  Motion carried.  Mayor Gillespie called the meeting into executive session at 7:30 p.m. with the meeting to reconvene in open session at 7:35 p.m.

The meeting reconvened in open session at 7:36 p.m.

Motion by Harper, seconded by Gold, that the meeting go into executive session in regard to personnel matters.  Motion carried.  Gillespie called the meeting into executive session at 7:36 p.m. with the meeting to reconvene in open session at 7:41 p.m.

The meeting reconvened in open session at 7:44 p.m.

Motion by Gold, seconded by Baughman, that the meeting be adjourned to November 7, 2005 at 5:15 p.m.   Motion carried.

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Last modified: September 09, 2005