LINDSBORG CITY COUNCIL
August 21, 2017 – 6:30
Members Present – Betty Nelson, Kathy
Richardson, Rick Martin, David Higbee, Mark Friesen, Blaine Heble, Ed Radatz
& Bill Taylor
Absent - Corey Peterson
Others Present – Greg DuMars, Jerry
Lovett-Sperling, Tim Berggren, Larry Lindgren, Kate Elliott, Chris Lindholm,
Bill Gusenius, Gary Shogren,
meeting was called to order at 6:30 p.m. by Mayor Bill Taylor and the Pledge of
Allegiance was said.
Public Input – Ro Heart addressed
the council regarding feral cats in the city.
She and a group of others, including the local veterinarian and the
McPherson County Humane Society, are working to TNR (trap, neuter and release)
cats. They have a Facebook group, “Cats
of Lindsborg”, for those interested in helping.
Once a cat is caught, it will be spayed or neutered, given appropriate
vaccinations and then released. More
information can be found in the Facebook group or Alleycat.org
Amendments to the
– The Astratek claim will be taken up during “Other”
Mayor’s Report – Mayor Taylor noted
that he hoped everyone enjoyed the solar eclipse today. He Reported a great turnout to welcome
Bethany Students to campus last Friday.
There are 75 students who have taken advantage of the Good Life
Scholarships. Student enrollment is also
up this year!
Consent Agenda – Rick Martin moved to approve the minutes of
the August 7, 2017 regular council meeting, Payroll Ordinance 5062 and Purchase
Order Ordinance 5063. Motion seconded by
David Higbee and passed unanimously by roll call vote.
– EMS AUTO-PULSE CHEST COMPRESSION SYSTEM - EMS has budgeted $16,000 to
purchase an auto pulse for one of the ambulances. This piece of equipment is a
chest compression device for patients who are not breathing and have no pulse.
The equipment is put on the patient and automatically provides compressions at
the correct pace and depth. Physio-Control, Inc. is the sole-source provider of
this piece of equipment which is listed as a LUCAS Chest Compression System. Betty Nelson moved to approve the Lucas 3.0
Chest Compression System with power supply and 3 battery rechargeable LiPo at a
cost of $14,853.20. Motion seconded by
Kathy Richardson and passed unanimously by roll call vote.
RESOLUTION 05-17 – NUISANCE ABATEMENT
218 N CHESTNUT - A letter was prepared
and mailed regarding tall grass and trash as well as an abandoned vehicle
located in the alley of 218 N. Chestnut. This is the residence of Dale and
Steve Brickey. A certified letter was prepared and served personally to Dale
Brickey on June 26, 2017 by Officer Bartlett.
A check of the property showed that the vehicle was issued current
sticker and is no longer in violation of abandonment, however the trash and
debris was not collected and disposed of.
Someone was hired to mow the property already, however the trash and
debris still needs to be addressed. Kathy Richardson moved to adopt Resolution No.
05-17 to clean and dispose of trash and debris located just off the alley
located at 218 N. Chestnut Street.
Motion seconded by David Higbee and passed unanimously by roll call
COX COMMUNICATION FRANCHISE - Cox Communications
had a 15-year franchise agreement with the City of Lindsborg that expired on
August 12, 2017. In 2006, the Kansas Legislature adopted K.S.A. 12-2024 which
provided the right to a statewide franchise for cable video service providers.
This removed the negotiating position for municipalities for a franchise agreement.
The only issue that is decided at the local level is the rate of the franchise fee.
Currently, the franchise fee is 3.5% and in 2016 generated $28,557.45 in
franchise fee revenue. Per statute, the maximum franchise fee rate that can be
charged is 5%, which would generate approximately $40,800 in franchise fee
revenue. Betty Nelson moved to approve
the contract with Cox Communication and with a 4% franchise fee. Motion seconded by Blaine Heble and failed by
roll call vote of 2 yes votes by David Higbee and Betty Nelson and all others
voting no. Rick Martin moved to approve
the agreement with a 3.5% franchise fee.
Motion seconded by Mark Friesen and passed unanimously by roll call vote.
RESOLUTION 04-17 – STORMWATER ERU, ERU
RATE & EFFECTIVE DATE - Charter Ordinance No. 21, which was adopted June 5,
2017, established a stormwater utility for the City of Lindsborg. A charter
ordinance is subject to protest petition. The time period for the protest
petition has expired and the establishment of the guidelines, fees, policies
and procedures governing the Stormwater Utility need to be adopted. Resolution 04-17 establishes the Equivalent
Residential Unit (ERU) as 3,172 square feet, establishes the ERU rate as $7.00
per ERU and provides for an Undeveloped Property Rate which is set at 0%. Betty Nelson moved to adopt Resolution No.
04-17 establishing the Equivalent Residential Unit (ERU), the ERU rate and the
Undisturbed Property Rate. Motion
seconded by Kathy Richardson and passed unanimously by roll call vote.
ORDINANCE 5065 – STORMWATER MANAGEMENT
UTILITY POLICIES AND PROCEDURES - Charter Ordinance No. 21, which was adopted
June 5, 2017, established a stormwater utility for the City of Lindsborg. A
charter ordinance is subject to protest petition. The time period for
the protest petition has expired and the establishment of the guidelines, fees,
policies and procedures governing the Stormwater Utility need to be adopted. Ordinance 5065 is an enabling ordinance that
adopts the Stormwater Management Utility Policies and Procedures Manual by
reference. The Policies and Procedures Manual provides for the stormwater definitions,
billing, fee adjustments and waivers and the regulatory enforcement and the
forms for the stormwater utility. Rick
Martin moved to adopt Ordinance No. 5065 which adopts the Stormwater Management
Utility Policies and Procedures Manual by reference. Motion seconded by Blaine Heble and passed
unanimously by roll call vote.
ORDINANCE 5066 – BOARD OF ZONING APPEALS
TO HEAR STORM WATER UTILITY APPEALS - Section 3.3 Appeals of the Stormwater
Management Utility Policies and Procedures Manual specifies the Board of Zoning
Appeals (BSA) as the Stormwater Utility Appeals Board. Under the Planning and
Zoning Code, hear stormwater appeals is not identified as one of BZA’s
responsibilities. Ordinance 5066 amends the Planning and Zoning code and establishes
the Board of Zoning Appeals as the body to hear stormwater appeals. Kathy Richardson moved to adopt Ordinance 5066
establishing the Board of Zoning Appeals as also having the responsibility of
hearing stormwater appeals. Motion
seconded by David Higbee and passed unanimously by roll call vote
ORDINANCE 5064 – TREE TOPPING PROHIBITED
- The Tree Board forwards for your consideration an ordinance prohibiting the
tree maintenance method called “tree topping.” Topping is one of the most
harmful tree pruning practices known. Despite more than 25 years of literature
and seminars explaining its harmful effects, topping remains a common practice.
A brochure from the Nebraska Forest summarizes the problems associated with
tree topping. If adopted, outreach
efforts will begin with one-on-one
visits with local tree contractors, as well as mailers sent to all licensed
tree trimmers. The public will be informed through social media, the quarterly
newsletter, press releases provided to the media, and by word of mouth.
Literature will be developed for distribution at City Hall, as well as events
sponsored by the Tree Board.
Martin moved to adopt Ordinance 5064 prohibiting tree topping. Motion seconded by Betty Nelson and passed
unanimously by roll call vote.
Executive Session – none
Department Head Reports
DEVELOPMENT/PARKS – Gary Shogren provided council with an update from the
recent Planning & Zoning Commission meeting. They are looking at some text changes to the
ordinance which will prompt a hearing before the commission. 1. allowing accessory structures closer to
side lot lines. 2. Adding auto sales and service to the C-2 district as an
allowable use or allowed by conditional use. 3. A typographical error that
denies most all variances. 4. To talk again about fence height variances for
COURSE – Kate Elliott updated council on the recent “Doggy Dip” that took place
at the swimming pool on the last night of the season. It was well received and they raised about
$250 toward the dog park. Golf numbers
continue to grow from last year. To date
there have been 3,359 rounds played this year versus 2,460 last year. Memberships are at 82 versus 79 last year.
– Greg DuMars covered financials with 2 items of note. The golf course YTD net is $75,551 to the
positive and the electric fund is currently paying construction costs for the
EMS building which will be recouped when the bond is issued for the debt. Chris Lindholm told council that the department
is looking at testing the pipe from well #9 to the country water tower. Chris will likely be coming to council for
approval of the line testing.
Other – Council member David
Higbee remarked that the recent car show was terrific as was Sunday’s Doggy
reviewed a letter from the City Attorney indicating that Astratek does not plan
to file a defense to the lawsuit but had asked to be allowed to make monthly
Adjournment - Rick Martin moved to adjourn the
meeting. Motion seconded by Kathy
Richardson and passed. Meeting adjourned
at 7:55 p.m. .