Council Meeting May 13, 2013

Council Chambers:

ROLL CALL: The City Council of Lincoln Center convened in regular session at 7:30 p.m. with Mayor Travis R. Schwerdtfager presiding. Councilmembers present: Jack D. Crispin, Jr., Lisa S. Feldkamp, Nikki Flinn, Melodee K. Larsen, and Louis Zsuzsics, Jr. Officials present: Attorney Daniel D. Metz, Clerk Rose M. Gourley. Also present: Superintendent Jesse C. Meyer.

VISITORS: Visitors in attendance for all or portions of the meeting: Heather Simms, Jennifer O’Hare, Jyll Phillips, Skip Florence, Shari Pittenger, James Oltman, Sherry Pickering, Pete Falcon, Stanley Walker, Fernando and Thomas Rojas, LaDonna Reinert, Steve Nelson, and Mike Street.

MINUTES: Upon motion by Feldkamp, seconded by Crispin, Minutes of the April 8, 2013, regular meeting were approved as written.

PAYROLL VOUCHER: Payroll Voucher No. 13-04, for April wages and salaries in the amount of $49,125.09 was presented. A motion by Crispin, seconded by Zsuzsics, to approve said Payroll Voucher, carried.

ACCOUNTS PAYABLE: Accounts Payable lists were reviewed. Invoices prepaid in April totaled $147,310.39. A list of unpaid invoices received to date totaled $169,578.20. Upon motion by Flinn, seconded by Feldkamp, all said invoices in the amount of $316,888.59, were approved for payment.

DELINQ. ACCNTS.: Nine accounts, totaling $1,634.57, were on the list of delinquent utilities.

APPOINTMENTS/ The following Council Committees were appointed by Mayor Schwerdtfager:

COUNCIL COMMITTEES:

Finance – Crispin (Chairman), Larsen, Flinn

Streets & Alleys – Zsuzsics (Chairman), Feldkamp, Crispin

Park, Cemetery & Fire – Feldkamp (Chairman), Zsuzsics, Flinn

Light, Water & Sewer – Larsen (Chairman), Zsuzsics, Feldkamp

Airport, Library & Housing – Flinn (Chairman), Larsen, Crispin

APPOINTMENTS/ Mayor Schwerdtfager made the following City Official appointments for the ensuing year:

CITY OFFICIALS:

City Clerk – Rose M. Gourley

Deputy City Clerk – Heather N. Simms

City Treasurer – Galen L. Liggett

City Attorney – Daniel D. Metz

Fire Chief – Terry L. Stertz

Municipal Judge – Brian V. Grace

There followed a motion by Crispin, seconded by Larsen, to confirm the Mayor’s appointments. Motion carried.

LIBRARY APPT.: Mayor Schwerdtfager re-appointed Lynne Metz to another four-year term as a member of the Lincoln Carnegie Library Board of Trustees. Flinn moved to confirm the Mayor’s appointment, seconded by Crispin. Motion carried.

REC COMMISSION APPT.: Cora O’Bannon had submitted a letter of resignation from the Board of the Lincoln Recreation Commission. Mayor Schwerdtfager appointed Laura Keever to fill the unexpired four-year term. Zsuzsics moved to confirm the Mayor’s appointment, seconded by Larsen. Motion carried.

OFFICIAL PAPER/RES.13-01: Resolution No. 13-01, entitled “A RESOLUTION DESIGNATING THE OFFICIAL CITY NEWSPAPER FOR THE CITY OF LINCOLN CENTER, KANSAS,” was introduced. Said Resolution would allow the Lincoln Sentinel-Republican’s official newspaper designation to continue until such time as the Governing Body designated a different one. Feldkamp moved to adopt Resolution No. 13-01. Motion seconded by Crispin, carried.

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FRA TREASURER BOND: Upon motion by Feldkamp, seconded by Larsen, the Treasurer’s bond for the Lincoln Firefighters Relief Association, in the amount of $15,000.00, was approved.

FINANCE/BANKING: Crispin moved to add Mayor Travis Schwerdtfager, and remove former Mayor Glenn M. Stegman, from the list of authorized signers for the City’s checking accounts at the Bank of Tescott and Citizens State Bank. Motion seconded by Flinn, carried.

POOL GRANTS: Jennifer O’Hare and LaDonna Reinert, representing the Post Rock Community Foundation, an affiliate of the Greater Salina Community Foundation, presented the City with a check in the amount of $760.00 from the PRCF Healthy Living Fund. As provided for in the application, the funds were to be used to purchase a commercial grade basketball goal for the municipal pool.

The Lincoln County “Web” Fund Committee had recommended the City’s grant application be funded, at a level of $2,000.00, in order to pay for six (6) lounge chairs and two (2) benches for the pool.

It was also noted that the Lincoln County Economic Development Foundation (LCEDF) and the Lincoln Area Chamber of Commerce had each provided $225.00 towards the purchase of painting supplies to make the Lincoln Pool more attractive and inviting.

Mayor Schwerdtfager thanked Councilmember Feldkamp for her efforts in obtaining funds to improve the municipal pool.

POOL OPERATIONS; Further discussion of pool operations was held. Included in the discussion were the open hours, admission fees, and funding options. There followed a motion by Crispin, seconded by Zsuzsics, that the individual daily admission rate remain at $2.00 for all ages, and that the passes remain at $40.00 for single and $85.00 for family. Motion carried. Upon motion by Feldkamp, seconded by Crispin, adult swim was moved to 5-6 pm. Open swim would, therefore, be 1-5 and 6-8, Monday thru Friday, and 1-6, weekends. Councilmember Feldkamp asked the Council to consider options for pool signage. After discussion, Crispin moved to purchase the 3’ x 5’ sign for the front of the pool and two “men” and two “women” signs for the outside bathrooms and bathhouse. Motion seconded by Flinn, carried. Councilmember Feldkamp advised what was being planned for painting “fun” colors at the municipal pool. After discussing availability of volunteers and weather, it was decided that she would be at the pool on Friday evening at 6 pm and Saturday morning at 10 am for any volunteers to assist with the painting.

EAST BALL PARK SHALE: Baseball Coach Pete Falcon reported there were 28 Legion and 16 K-18 baseball games scheduled on the East Ball Field this summer. This would represent double-headers for 22 home dates. He asked that the city purchase 25 tons of red shale to improve the infield at a cost of $16/ton plus freight. Upon motion by Crispin, seconded by Zsuzsics, said purchase was approved. Mayor Schwerdtfager also said he would speak with the appropriate individuals about the manner in which the infield was being dragged.

NHRV PLAN: James Oltman, LCED Director, provided feedback from certain members of the public regarding the threshold requirements for eligibility in the City’s Neighborhood Revitalization Program. At the present time, however, he was not prepared to recommend any changes.

VFW ALLEY: Mike Street asked what could be done to improve the condition of the alley behind the VFW. Superintendent Meyer advised the City’s street maintenance policy did not include alleys. In the past, the adjacent property owners had purchased materials and the City would assist with the product application, time permitting. He said he would see what could be done regarding this particular situation.

SOLID WASTE DISPOSAL: Stanley Walker, representing Walker Products Co., Inc., asked that the City approve Walker’s Grain Elevator Demolition and Disposal project. An authorization application will then be submitted to the Kansas Department of Health and Environment. In a letter to the Governing Body, Mr. Walker addressed four major points, as follows: 1. A site cleanup and closure plan. 2. Minimum coverage of the disposal site. 3. Post-closure maintenance. 4. A restrictive covenant covering the real property. After further review, Crispin moved to approve Walker’s Demolition and Disposal Project. Motion seconded by Flinn, carried.

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STREET/ALLEY VACATION: Walker Products Co. Inc. also asked that the city vacate the alley in Block 16, Valley Park Addition, and that portion of W. Elm Street from the West right of way line of Seventh Street to the East line of the now vacated Ninth Street. It appeared there would be no access or easement issues created by such action. City Attorney Metz was requested to draft an ordinance for consideration at the next meeting.

HANDICAP PARKING: Regarding the handicap parking space on E. Lincoln Ave. discussed at the previous council meeting, Councilmember Crispin reported he had spoken with the adjacent property owner. She had no objection to changing the last regular parking space to handicap parking. This would eliminate the need to re-design the curb and sidewalk area to the east. There followed a motion by Crispin, seconded by Larsen, that the last regular parking space at the east end of the 100 block of E. Lincoln Ave., be designated for handicap parking. Motion carried.

POST ROCK FESTIVAL; Lisa Feldkamp, representing the Post Rock Festival Committee, asked for permission to use the City Park and Swimming Pool for Post Rock Festival events, to be held August 31, 2013. There were no objections. She also asked if the City could add or upgrade electrical hookups in the area of the scout cabin for vendor connections. Superintendent Meyer will investigate that possibility.

POOL CONCESSIONS: Councilmember Flinn had prepared a spreadsheet indicating the cost of pool concessions obtained locally compared to the cost of concessions obtained in Salina. Based on the information provided, Crispin moved to purchase concessions, if available as quoted, from Lincoln Grocery. Motion seconded by Larsen, carried.

NESHAP/RICE EXTENSION: Correspondence received from Region 7, EPA, indicated the Lincoln Municipal Power Plant’s request for compliance extension had been approved for two engines, the #2 Superior and the #7 Nordberg.

MIDLAND GIS MAPPING: Clerk Gourley and Superintendent Meyer had recently met with Erin Allen, Business Development Representative with Midland GIS Solutions, regarding KMEA’s successful grant last year for GIS mapping of the electric utility systems of certain participating cities. From discussions with her regarding Midland’s current schedule, as well as the city’s availability, it was decided that an early November time frame would suit both parties. Midland’s proposal, in the amount of $12,222.00, would be partially reimbursed by FEMA. The City’s share would be approximately $4,000.00. Following a short discussion, Crispin moved to approve the Midland GIS Solutions proposal, dated June 10, 2012. Motion seconded by Zsuzsics, carried.

WATER SYSTEM/DBP RULE: According to the EPA’s guidelines for the Stage 2 Disinfection Byproducts Rule (DBPR), water systems serving less than 50,000 customers must develop, and submit to KDHE, a Compliance Monitoring Plan by October 1, 2013. A series of workshops were being put on by the Kansas Rural Water Association, in cooperation with the Kansas Department of Health and Environment, designed to facilitate completion of the plan. The Governing Body was informed that city personnel would be attending the one in Salina.

NUISANCE PROPERTIES: Attorney Metz presented two new health nuisance complaints being processed. Both were for properties on Lincoln Ave.

IDEATEK FRANCHISE: The City had received a franchise request from IdeaTek, a rural communications company focused on the development of next-generation communications infrastructures in underserved rural Kansas communities. In Lincoln, IdeaTek planned to install underground fiber optic cable within the public right of way to the two school buildings. The cable would also be capable of serving other commercial communication interests in the community. City Attorney Metz advised he had been in communication with IdeaTek regarding the proposal but there had been little time to work out the details of a franchise ordinance. Discussion followed. While the Governing Body was not opposed to the idea, it felt that more time was needed to research the matter. Therefore, Crispin moved to table discussion to a later meeting. Motion seconded by Zsuzsics, carried.

EXECUTIVE SESSION: At 9:58 p.m., Crispin moved to enter into executive session, for a period of ten (10) minutes, for the purpose of consulting with the city attorney on matters that would be deemed privileged in an attorney-

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client relationship, with Attorney Metz and Clerk Gourley invited to attend. Motion seconded by Zsuzsics, carried. The Governing Body returned to regular session at 10:08 p.m.

OPEN MEETINGS: Clerk Gourley provided copies of information taken from the Kansas Government Journal, regarding the Kansas Open Meetings Act and serial communications.

ONLINE PAYMENTS/PSN: Clerk Gourley explained that her office had been working with Payment Service Network (PSN) and the City’s software provider, Computer Information Concepts (CIC), for several months, to develop a process for customers to make on-line utility payments. That process was nearing completion and an Agreement with PSN had been provided. The Governing Body reviewed the Fee Schedule, noting most of the fees would be paid by the utility customer. The City would be responsible for Annual Security Compliance fees of $89.00, plus any fees for options utilized. There followed a motion by Flinn, seconded by Crispin, to approve the PSN Agreement as presented. Motion carried.

FIREWORKS PROCLAMATION: Upon motion by Larsen, seconded by Crispin, the June 29, 2012, Proclamation banning the sale and discharge of fireworks was rescinded.

INDUSTRIAL PARK BLDG.: Clerk Gourley relayed a request she had received regarding the ability to purchase the City’s Industrial Park building, presently being leased to D J Environmental, LLC. The building was constructed in 1997 as part of a USDA Rural Business Development Grant. After contacting the Rural Development Specialist in Hays, it was determined that sale of the building required the USDA to be repaid in the same percentage as the original project was financed, or 86.4%. The matter will be further researched.

CIRCUIT BREAKER: Superintendent Meyer reported the clutch in the 12.5 Circuit Breaker had failed and Mid-States Energy Works had proposed to replace it for $22,750.00. This purchase would be in addition to the regularly scheduled annual purchase of one vacuum circuit breaker until all of the oil breakers were replaced. Crispin moved to approve said purchase, seconded by Feldkamp. Motion carried.

STREET SWEEPER: Superintendent Meyer had requested and received price quotes from Key Equipment & Supply Co. and Sellers Equipment, Inc. for a used street sweeper to replace the one burned in the city shop fire last September. It was the recommendation of the Mayor, Superintendent and Sweeper Operator that the Sellers Equipment Inc.’s machine be purchased. Therefore, Feldkamp moved to purchase the 2003 Johnston 3000 Model offered by Sellers Equipment for $38,000.00, delivered. Motion seconded by Larsen, carried.

PERSONNEL: It was suggested that the City re-advertise for vacant employee positions.

KMEA/EMP 2 CONTRACT: Regarding the re-allocation of EMP 2 capacity and energy previously discussed, Crispin moved to authorize Mayor Schwerdtfager to sign KMEA contract documents upon delivery. Motion seconded by Feldkamp, carried.

ADJOURN: There being no further business, Crispin moved to adjourn. Motion seconded by Feldkamp, carried. Council adjourned at 11:02 p.m.

/s/ Rose M. Gourley

City Clerk