CITY OF OVERBROOK
MINUTES REGULAR MEETING JANUARY 25,
2006
MEMBERS PRESENT: Ira Allen, Rich Hamit,
Bob Sisson, Bruce Smith, Mayor Jack Young.
Larry Coursen absent.
OTHERS PRESENT: Larry Woodson, Kris Stangis,
Beverly Hix, EulaLee Fuller, Pat McKenzie,
Kevin Stone, Lois
Harris, Larry & Jean Coffman, Carol Fischer, Max Friesen,
JoAnn O’Brien, Bob
& Doris Gloss, Dan Reser, Mike Dickerson, Vic Robbins,
Bob Call, Cheryl
Brown, Jim Koger.
The meeting was called to order by Mayor Young at 7:00
PM. Roll call was taken by the clerk.
MINUTES/ WARRANTS: Ira Allen moved to approve the minutes
of the January 11th meeting as written. Bruce Smith seconded; motion carried 4-0.
Ira Allen moved to pay all warrants presented. Rich Hamit seconded; motion carried 4-0.
WATER BILLING ISSUE: Mayor Young announced that Mark and
Gaylene Jones were unable to attend the meeting, but asked the council to
review the usage information before the next meeting. Bob Call said that he had replaced the meter
because Jones had noticed water in the meter pit. Call pumped out the water, and discovered
that the meter was leaking out of the bottom.
Jones was concerned that this indicated a leak on his side of the
meter. Bruce Smith stated that when
water leaks out of the bottom of a meter, it doesn’t register on the
meter. Call agreed.
DRAINAGE PROBLEM: Kris Stangis, 104 Ash, was present to
bring more information to the council about the easements affecting her
property. She showed maps showing drainage
and utility easements for her property and also property in the Meadowbrook II
subdivision. She’s concerned that
utility easements will be used for storm water drainage from new construction. Max Friesen, developer of Meadowbrook II,
said that he had visited with Kramer Engineering and learned the plans had been
drawn according to state laws at that time, and drainage easements were not
required when the subdivision was started.
Stangis said that she understands that the city ordinance does require
builders to anticipate the 100-year rainfall.
She said that the existing ditch filled with water so quickly that they
were pumping water out of her window wells.
Stangis is concerned that the current construction is going to make the
problem worse since she didn’t have this problem before the Watkins house was
built. Friesen suggested the ditch be
made deeper. The mayor said Vic Robbins
suggested the raising the berm on the west side of the ditch, making it wider
and a little deeper. This would be on Stangis’
property. Stangis asked why this would
have to be done on her property. Mayor
Young said it would most likely end up going towards Meadowbrook property. Stangis pointed out that the utility poles
are on her property and they should be east of her property. There was discussion about ways to divert the
water away from Stangis’ house as well as the adjoining houses. Robbins had told the mayor that since the
property slopes towards the houses in question, there would always be natural
drainage towards them. Stangis then
asked who would pay for the ditch work.
Mayor Young said that he couldn’t answer that until there’s more
discussion. Bruce Smith said that more
needs to be known about the development of Stangis’ property, possibly from Bob
Shepard who originally owned the property.
Stangis said they are willing to do some things to help the problem, but
is concerned about the new construction east of her house. Smith said the council needs to have the city
attorney advise them on what the city’s responsibility is before making any
decisions. The mayor said that all the
property owners involved will need to agree to however the problem is
addressed. Stangis said she was told by
the city attorney that this matter is between her and Max Friesen. The mayor said that may be the case since the
property is privately owned and the city has no easements. And that all the owners involved would have
to be in agreement with whatever the city might do. He said he personally thinks the city should
do whatever they can but more time is needed before any decisions are
made.
ORDINANCE NO 289: Rich Hamit made a
motion, seconded by Bob Sisson, to adopt Ordinance No. 289 which would prohibit
the sale of packaged liquor within the city limits of Overbrook. Motion carried 3-1, with Ira Allen voting
no. The ordinance will be effective
after publication, which should be February 2nd. Several citizens expressed their appreciation
for the council’s action.
CONNECTING LINK: After
discussion, Rich Hamit moved not to accept the connecting links agreement with
Osage County. Bruce Smith seconded;
motion carried 4-0. This means that the
county will be responsible for maintaining Maple Street rather than paying the
city a portion of the maintenance cost.
DUMP TRUCK BIDS:
Mayor Young opened two bids for the 1982 International truck. The first was from Kellie McCain for $125;
second bid was from Jared Sisson for $500.
Rich Hamit moved to accept the $500 bid from Jared Sisson; Bruce Smith
seconded. Motion carried 5-0.
METER READINGS: Dan
Reser asked when his water meter was going to be read. He thinks it’s been estimated the past 5
months because there’s leaves on top of it
Bob Call said that could be due to how windy it’s been the past few days,
and that he personally read it this month.
Mayor Young said he would check into it, and that it may have been
estimated in December.
UNFINISHED BUSINESS:
The mayor tabled discussion about a recreation commission, drainage
concerns of Mac Barnett’s building site in Meadowbrook II.
Mayor Young said he’s talked to Westar and learned that
we can install our own poles and be allowed to connect to them, but it would
have to be on their line with a transformer.
If the only use is the aerator and a security light at the city lake, it
shouldn’t be a problem. The mayor is
concerned about future lighting along the Trail’s which would require more
voltage. The transformer would be
further in on the property if Westar installs the equipment. It would also be their property to
maintain. The bids for installation are
as follows:
K & K Electric $1060 ---for 1 pole & light but does not
include cost of transformer
Mark Tomlinson $5158 -- 3
poles, transformer and labor
Westar $6207 -- 3
poles, transformer, and light
Bruce Smith moved to accept
the bid from Westar. Bob Sisson
seconded; motion carried 4-0.
The mayor said that Dr. Tucker will cooperate and notify
us when someone from Overbrook adopts an animal from Carbondale Pet
Clinic. They have already agreed to ask
for proof of a city license before releasing animals to the owner.
Ira Allen asked who’s responsible for checking to see if
building permits are posted, and report activity that indicates new
construction in regards to a building permit.
Concensus was that the police department should check for posted
building permits, and anyone noticing new construction should check to see if a
building permit has been issued. Vic
Robbins said that after all the inspections for illegal hook-up’s with sump
pumps, that someone needs to make sure more aren’t being connected to the sewer
system. There was discussion about who
should do this. The council agreed by consensus
to have the city attorney make any necessary changes in the current ordinance
to authorize someone to inspect the drains before they’re covered with
dirt. Discussion was held about how much
time this would require. The clerk said
she would have Michael Coffman review the ordinance and recommend any changes
if necessary. Bruce Smith said he would
talk to Dean Beckman about being the inspector.
Rich Hamit said he would review the current building permit form for
changes.
WATER/SEWER REPORT: Vic Robbins has prepared the change order
for the water line installation. He also
has submitted a letter stating that since he wasn’t able to inspect the
concrete work done by D&D Excavating, he didn’t want to be responsible for
the work. He isn’t saying that anything
is wrong with the work, just that he wasn’t able to personally inspect it as it
was being done.
Robbins said that the signed change order can be sent to
KDHE, and that he will ask his wife to take it to KDHE this week.
Robbins said that he hasn’t heard anymore about the 3
properties that may still be out of compliance with illegal hook-up’s to the
sewer system. Bob Call said Bryant is
supposed to get his fixed this weekend, and Rick Calderwood didn’t see the need
for this as there is no water turned on at the building in question. Robbins said that the sump pump in the
basement might still be pumping even without water service being on. Call said he’d talk to Calderwood again. Robbins said he hadn’t heard anything about
the Lemberger court case.
Regarding the drainage issues on Ash Street, he would
recommend enlarging the existing diversion ditch. The problem that concerns him about doing
this is the driveway that’s been built on the corner of Ash and E. First
Street. There was discussion about
diverting the water across First Street.
Robbins preferred installing a culvert and eliminating the
driveway. He admitted that the new
construction in Meadowbrook II probably does increase the run off, especially
the houses that are on the downhill slope of their property.
Robbins said that he’s working on the sewer rehabilitation
project. He has the construction specs
mostly done and he’s working on the contract documents. He’s visited with Michael Coffman about the
easements. Robbins has been told by a
contractor that a 20’ easement isn’t enough space--that 40-50’ would be
better. Robbins and Coffman discussed
the feasibility of getting a temporary construction easement from everyone in
town. The mayor suggested that specific
footage be stated in any letters sent to property owners. It was agreed that Robbins, Coffman , Peimann
and the mayor meet to discuss the procedure further. There was more discussion about how the job
should be bid. Robbins reminded the
council that the revenues from the recent increased sewer rates should be going
into a separate fund to be used for these expenses. The treasurer will be asked to report on this
at the next meeting.
The mayor said that Gary Wray had informed him that
there’s been a problem with sewer back up at the Methodist parsonage. There was discussion about the manhole where
there’s no trough. Robbins suggested
running an 8” main run north to their line, and a new service line into the
parsonage and install a clean-out put on the north end. This could be done when the rehabilitation
work starts.
Kris Stangis asked Robbins if he thinks the new
construction east of her property really did increase the flow of water to her
property. Robbins said that it probably
did, and it definitely changed how it was channeled.. The mayor said that the ground is flat where
drainage easements in Meadowbrook II are designated. There was more discussion about
responsibility for the original development and the city’s current
obligations. Robbins pointed out that
permanent obstructions in easements are prohibited, such as driveways.
DOG LICENSES: Mayor Young said that we’ve received a
request from Billie Gerisch stating that she isn’t able to get her dogs until
after the January 31st deadline.
The mayor asked when the letters stating the deadline were mailed. The clerk said Chief Harmison gave her the
letters on January 20th.
After discussion, the council agreed that the January 31st
deadline should stand unless the person calls in before the 31st, at
which time the clerk will forward the information to animal control.
EXECUTIVE SESSION: Bruce Smith moved for an executive
session of 10 minutes to discuss matters not related to elected personnel. Ira Allen seconded; motion carried 4-0 at
8:45 pm. The mayor called the meeting
back to order at 8:55 pm. Bruce Smith
made a motion, seconded by Rich Hamit, to approve a 4% raise for full-time and
part-time employees, except Jim Koger.
Motion carried 4-0. Bruce Smith
moved that Jim Koger be paid $8.00/hr effective this pay period. Ira Allen seconded; motion carried. The other raises will be retroactive to the
first of the year.
MAYOR’S REPORT:
Mayor Young said he had called Larry Coursen and left a message about
his not coming to council meetings. The
clerk said that the city attorney told her there isn’t any action that can be
taken by the council itself, but would check into what, if anything, could be
done. The council agreed that we should
check with the League of Municipalities.
The mayor said he would call the League and Coursen again.
There being no further business before the council, Rich
Hamit moved to adjourn. Bob Sisson
seconded and the meeting adjourned at 9:05 PM.
Respectfully
submitted,
Cheryl
L. Brown
City
Clerk
APPROVED:__02/08/2006