Minutes – February 5,
Members Present – Brad Howe, Rick Martin, Russ
Hefner, Betty Nelson, Becky Anderson, Bill Taylor, Lloyd Rohr, Ken Branch &
Others – Greg DuMars, Jerry Lovett-Sperling, Thad
Morrical, Larry Lindgren, Tim Dunn, Tim Berggren, Annette Duncan, Dan Carr,
Priscilla Johnson, Sally Train, Mark Van Camp, Bill Gusenius, Judy Neuschafer,
Jack & Marliss Detmers, Scott Wolf, Brandon Whetstone, Darren Elbing, Doug
Scott & Richard Kurtz
The meeting was called to order at 6:30 p.m. and the Pledge
of Allegiance was said.
Public Input – None
Amendments to Agenda – None
Minutes – Russ Hefner moved to approve the minutes of
the January 2, 2007 regular council meeting. Motion seconded by Brad Howe and
Mayor’s Report – Mayor Magnuson noted the meetings
for the month and stated that there were no appointments at this time. He then
read the following statement:
“Based upon conversations with
residents of the community I think there are some things that need
First, the professional Staff of the City of Lindsborg had nothing to do with the acquisition of the Sundsstom Building. They had nothing to do with the negotiations with Joe Hulse and they had nothing
to do with determining the price paid for the building.
Second¸ in January I entered a letter to the
official record. This letter is from Jim Richardson and addressed to All the
City Council members. This letter was discussed extensively at the December
Council meeting without having been made a part of the official record. This
is at least the second time in the past year and a half that a relevant
document has discussed without being entered into the official record by
members of the City Council.
That said I would like to address the letter
dated November 20, 2006 written by Jim Richardson and addressed to the Council
- The City of Lindsborg has a mayor and council form of
government. Mr. Richardson wrote that we have a City Commission. I would
encourage you all to read the Governing Body Handbook, there are
copies available here at City Hall. In the information regarding the
Mayor and Council form of government, while the Mayor may have limited
authorities, one of the most pronounced authorities is that the mayor is
to be “active and vigilant” in enforcing all laws and ordinances for the
government of the City. Since the City is part of the State of Kansas and the United States and therefore subject to those laws it is my interpretation that
those laws are indeed covered under the same statute.
council – February 5, 2007 – page 2
- Mr. Richardson there is a difference between the word
allegation and appearances. In my letter of complaint to the Kansas Real
Estate Commission I wrote “it appears that some questionable
activities may have occurred”
- Mr. Richardson if there had been findings by the Kansas
Real Estate Commission it would have been their responsibility to take
action not the Lindsborg City Council.
- Mr. Richardson, The League of Kansas Municipalities
Handbook, Chapter 2 states The Ethical City Official “A public servant
cannot serve with equal faithfulness both private interests and public
duties when the two conflict. – U. S. Supreme Court (1973) Municipal
office is a public trust created in the interest of, and for the benefit
of, the people. Public officers are fiduciaries and trustees of the
public interest, and they owe an undivided loyalty to the people they
serve. The law does not permit a public officer to place himself or
herself in a position of conflicting personal and public duties. If an
officer acquires any interest adverse to those of the public, without a
full disclosure of that fact, it is a betrayal of the officer’s trust and
a breach of confidence.”
- Mr. Richardson, I believe that the majority of the
Lindsborg Citizens not only volunteer but have the ethical bearing to
understand that putting the rule of law and ethics first benefits the
Community as a whole.”
Mayor Magnuson then reminded those present of the Municipal Leadership Academy class in Abilene on February 17th from 9:30 to 5:00 on
KORA and KOMA.
Planning & Zoning – ORDINANCE 4478 – Lloyd Rohr
moved to adopt Ordinance 4478, which changes the zoning on the 80 acre tract on
the north edge of town to “PUD” Planned Unit Development. Motion seconded by
Betty Nelson and passed unanimously by roll call vote.
Administration & Finance – MIDSUMMER COMMITTEE
REQUEST – Brad Howe moved to approve funds not to exceed $2,000.00 to assist
with sound equipment and other supporting items for bringing the Tiny Toads to
the festival. Motion seconded by Russ Hefner. It was noted that this comes
under the city grant policy and will be paid out as a reimbursement. Motion
passed unanimously by roll call vote. Becky Anderson commented on the
importance of showing support and recognition of Munkfors as our Sister City.
SUNDSTROM BUILDING MARKET STUDY – Brad Howe moved to approve
$5,000.00 for MapInfo Corp. to complete a Markey study for the Sundstrom
building. Motion seconded by Bill Taylor and passed unanimously by roll call
Utilities – DEVELOPMENT AGREEMENT FOR GARDENS OF
LINDSBORG – Lloyd Rohr moved to approve the agreement with the developer of the
Gardens of Lindsborg to extend the electric distribution system to the
subdivision. Motion seconded by Brad Howe. The developer will pay the
$16,250.00 cost of the extension and then will count towards the 30% developer
match for the construction of the electrical infrastructure. Motion passed
unanimously by roll call vote.
WATER CONNECTION FEE ORDINANCE 4479 – Lloyd Rohr moved to
adopt Ordinance 4479, increasing the connection fee for water service. Motion
seconded by Betty Nelson and passed unanimously by roll call vote.
TREE TRIMMING CONTRACT – Lloyd Rohr moved to approve the contract
with Salina Tree for the continued tree trimming for the city in the amount of
$21,120.00. Motion seconded by Russ Hefner and passed unanimously by roll call
Streets & Parks – RECYCLING CENTER – The city
recycling center will need a temporary location very soon as the Mid-Kansas
Coop needs the space in the building that currently houses the recycling
center. City Staff spoke with representatives of MASWU about possible
locations that were shared with committee members. The temporary location will
contain 22 “pods” that will be clearly marked and surrounded by fencing to help
keep down blowing recyclables. The temporary location is along the east side
of the parking lot of the south Trail Head. This will allow a hard surface for
people to drive on as well as the trucks to remove/replace the pods. Staff has
already begun the process of looking and planning for a permanent site. Lloyd
Rohr moved to move the recycling to the temporary location. Motion seconded by
Bill Taylor and passed unanimously.
WELDER QUOTES – Becky Anderson moved to approve the bid from
Lampton Welding to purchase a welder for the streets department at a cost of
$2,135.00. Motion seconded by Rick Martin and passed unanimously by roll call
KDOT RESOLUTION & AGREEMENT – Becky Anderson moved to
adopt Resolution 01-07 allowing the Mayor and Clerk to sign documents and the
agreement with KDOT for the Geometric Improvement project on Harrison/Cole. Motion
seconded by Rick Martin and passed unanimously by roll call vote.
Public Safety – CONCEALED CARRY ORDINANCE 4480 – Bill
Taylor moved to table this ordinance until the next meeting. Motion seconded
by Lloyd Rohr and passed.
DIGITAL CAMERAS – Bi8ll Taylor moved to approve the purchase
of two digital camera systems for the patrol cars from Watch Guard in the
amount of $10,140.00 + $50.00 shipping. Motion seconded by Becky Anderson and
passed unanimously by roll call vote.
2001 DODGE INTREPID – Bill Taylor moved to approve funds not
to exceed $1,800.00 to acquire this vehicle that was confiscated from an
arrest. Motion seconded by Rick Martin and passed unanimously by roll call
City Council –
February 5, 2007 – page 3
Purchase Order – Lloyd Rohr moved to approve payment
of Purchase Order Ordinance 4481. Motion seconded by Bill Taylor and passed
unanimously by roll call vote.
Payroll – Betty Nelson moved to approve Payroll
Ordinances 4475, 4476 & 4477. Motion seconded by Lloyd Rohr and passed
unanimously by roll call vote.
Other – none
Adjournment – Lloyd Rohr moved to adjourn the
meeting. Motion seconded by Brad Howe and passed. Meeting adjourned at 7:45