CITY OF OVERBROOK

MINUTES REGULAR COUNCIL MEETING FEBRUARY 8, 2006

MEMBERS PRESENT: Ira Allen, Rich Hamit, Bruce Smith, Bob Sisson, Mayor Jack Young.

Larry Coursen absent.

OTHERS PRESENT: Wanda Wilhite, Gary Wray, Chad Dunnaway, Kris Stangis, Vic Robbins,

Max Friesen, Becky Coltrane, Kathy Alcorn, Mary Deschamps, Beverly

Hix, Donna Crawford, Patty Hylton, Bob Call, Ed Harmison, Everette

Dannar, Mark Tomlinson, Cheryl Brown.

The meeting was called to order by Mayor Young at 7 PM. Roll was called to establish the presence of a quorum.

MINUTES / WARRANTS: Ira Allen moved to approve the minutes of the January 25, 2006 meeting as written. Bruce Smith seconded; motion carried 4-0.

Rich Hamit made a motion, seconded by Bob Sisson, to pay all warrants presented. Motion carried 4-0.

WATER USAGE FOR JONES RESIDENCE: Even though Mark and Gaylene Jones had removed themselves from the agenda, Mayor Young brought up the situation for discussion. Bruce Smith made the comment that after studying the information regarding water usage at the Mark Jones’ residence, and the reason for replacing the meter, he doesn’t feel that the city owes the Jones’ any refund. Smith made a motion to deny a refund or credit to the Jones’ which was seconded by Bob Sisson. Motion carried 4-0. A letter will be sent explaining the council’s decision.

METHODIST CHURCH PARSONAGE: Mayor Young said that several people are present tonight to discuss the problem with the manhole to which the Methodist parsonage connects. Matter has built up in the manhole which causes problems with back-up’s in the parsonage. Replacing this manhole is part of the sewer system project, but may be awhile before this is done. Gary Wray was present to explain the situation, and to ask the city maintenance department to clean this out once a week or so until it’s replaced. Smith asked if something could be done rather than just cleaning it out weekly. Vic Robbins, King Engineering, has suggested bypassing the manhole and tying into the main line. Bruce Smith moved to make a new connection from the parsonage service line to the main sewer line, providing the elevations are suitable. Bob Sisson seconded; motion carried 4-0. Wray asked when this will be done. The mayor said as soon as a contractor is available, and the city will maintain it until that time.

WATER RUN-OFF: Mayor Young said he has not talked to Michael Coffman about the easement issues regarding Kris Stangis’ property at 104 Ash. Bruce Smith said he thinks the city should step in and help fix the problem. He also stated that someone needs to go on site and make some definite recommendations, including the engineer. The mayor said that he would prefer not to add any more jobs to Robbins at this time due to his involvement with the sewer project. Bob Sisson thinks that the culvert in the Birtell’s driveway on E. 1^st Street needs to be either removed or replaced with a bigger one. Sisson said he would talk to Ted Birtell regarding this matter. Kris Stangis said she understands, but hopes the problem is solved before June and heavy rains come again. Stangis also wanted to clarify that she has never asked the city for compensation for damages to her house, and also that the mayor stated the problem is between her and her neighbors as was indicated in the Osage County Herald. The mayor said that the record will state this clearly. Sisson did tell Stangis that because of where her house is located on her property, she needs to do some landscaping to help keep water away from her house. Stangis said that she and her husband are planning to do that.

SURVEY/GRANT: Donna Crawford, Governmental Assistance Services, was present to tell the council that her quote for doing a survey to apply for another grant will have to be increased to $5650 due to the Dept of Commerce wanting the survey mapped out showing the houses surveyed. She thinks this is being required to prevent only certain areas of cities being surveyed to meet the percentage requirements. This will increase the time necessary to complete the surveying. The council agreed by concensus to have Crawford submit another contract for approval. Crawford isn’t sure if the changes will make it harder or easier for Overbrook to qualify for a grant.

ANIMAL LICENSE VIOLATIONS: Chad Dunnaway, 210 9^th St Ct, was present to complain about a ticket he received for not having current dog tags. They were in the process of getting the dog’s rabies shot updated, and missed the February 1^st deadline. Dunnaway asked if everybody who owns a dog got a ticket if they didn’t have 2006 tags, or just certain people. Bruce Smith said that was the plan. Mayor Young stated that supposedly the people who got 2005 tags were sent a letter stating that after January 31^st, they would be given a citation for unlicensed dogs, unless they notified City Hall that they had an appointment with the vet after the deadline. Chief Ed Harmison said he wrote 38 tickets, and he’s finding out that there’s dogs and cats he didn’t know about, and he’ll be dealing with that. Dunnaway said that they only had about a week from the time they received the letter to get their dog to the vet, and was wondering how much the fine was going to be. Mayor Young said that this matter will be discussed more later. Bob Sisson said that he wasn’t happy with 38 people getting tickets as the only people who got the letters were the ones who had gotten their dog tags last year, ignoring anyone who didn’t get tags in the past year or years. Sisson said that even though he had approved the letters at a past meeting, he recommended throwing out the tickets that have been written and do a city-wide mailing. Becky Coltrane spoke up and said that City Hall hours are not conducive to people who work out of town. Cheryl Brown, City Clerk, stated that several years ago, the office was opened on Saturday mornings for a period of three months, during which time no one came in to get a dog tag. Brown also has learned from contacting a dozen other cities, that no city office opens before 8 AM, or stays open past 5 PM or have Saturday hours. Brown said that if people will call the office, they will be told to either mail or dropbox the rabies information along with the payment, and the tags will be mailed to them. She also pointed out that this information is on the website. Chief Harmison said that he wrote his aunt-by-marriage a ticket for this matter, and wanted people to know that in reference to who received the letters. He also said that he’s talked to the city judge and attorney about reducing the amount of the fine in this instance. Harmison also stated that this is the first time in almost 6 years that he was told by the council to issue tickets, not warnings. He also stated that dogs and cats are required to be licensed for safety reasons, not to make money.

Bob Sisson moved to ask Judge Jones to dismiss all the tickets that have been written to this point. Bruce Smith seconded. Kathy Alcorn asked if all animals are required to be licensed, including those that are always kept inside. She was told that the ordinance applies to all animals. Motion carried 3-1, with Hamit voting no.

Sisson then moved that a letter be sent city-wide giving a deadline of April 1^st for residents to get 2006 licenses for their dogs and cats, or be subject to paying a fine. Chief Harmison said that the police department won’t be sending this letter, and they can’t sell animal licenses since they are not to take money for any reason. Sisson said he wasn’t asking them to do it. Chief Harmison stated that his department has been doing what they were told to do, and everything that’s come from the way it was handled comes from the council. Mayor Young and Sisson accepted that, and said they were wrong and that’s why it’s being changed. Dunnaway asked if the city licenses could be valid the same length as the rabies vaccination. The clerk said that she can only get tags marked with the current year. Becky Coltrane said that they got their city tags from the vet in the town where she lived previously. Mayor Young said he might visit with Dr. Sanders about this. Bruce Smith seconded the motion for the city-wide letter. Motion carried 4-0.

There was discussion about setting a deadline for next year.

WATER/SEWER PROJECT—GRANTS: Donna Crawford and Vic Robbins came before the council to discuss the easements necessary for all the sewer repairs and/or replacements. Crawford said she is concerned about the size of the easements Robbins thinks the city needs to obtain. She stated that the Dept of Commerce is also concerned because all necessary easements were to have been in place before the grant was awarded. The city is also under a time limit, and getting more easements will definitely take time. Crawford said that she recommends that the project be bid with the easements in hand. Vic Robbins said he disagrees with some of what Crawford recommends, partly because the minimum easement he’s found is 40’, and in a lot of areas the easement is 16-20’. He’s just asking for temporary construction easements which he feels is necessary for the contractors to get the work done. He’s concerned that getting bids will be hard without ample space for the equipment and dirt piles. Robbins suggested getting temporary easements on one side only, which would reduce the number of total easements required. He also said that the easements would be written stating that any damages would be repaired. Crawford stated that she’s upset with the situation, and not with Robbins personally. Robbins said that there wasn’t complete knowledge of where the sewer lines were located when the project started. There was discussion about the best and quickest way to obtain easements. Mayor Young suggested that we have a town meeting explaining what’s needed and why. This would be advertised in the papers, the website, and letters to the affected property owners. The mayor said he would check to see when the school would be available, and he’s thinking of asking for March 15^th. There was discussion about extra costs and time if these easements aren’t given by the property owners. Crawford said that it’s possible that another extension might be given, if construction has started. It was decided to proceed with a town meeting, and have several notaries present so that the necessary paperwork can be completed at the meeting. All the maps need to be available at the meeting also. Crawford explained everything that will be needed before the meeting. It was also stated that these easements would be good only for this project as they are being written. Robbins said he would work with the city attorney to get easements on just one side of the sewer line where possible. Crawford reminded the council that our deadline for the grant is June 1, 2006. Mayor Young said he would talk to Michael Coffman about addresses of the owners tomorrow.

Robbins said that the change order for the waterline replacement has been received. The clerk said she will hold the final payment until approved by Robbins and the council. Robbins said he hopes the street repairs can be finished soon.

Robbins said he is reviewing the final plans for the sewer project, and hopes to deliver them along with the contract bid documents to KDHE in person on Friday of this week.

Donna Crawford said she’s take everyone out for dinner if we’re in construction by May 1^st. The council agreed by concensus.

ORDINANCE NO 290: The mayor presented an ordinance which would require the building inspector supervise the connection before any underground portions of the building sewer are covered. This would amend Ordinance No 269, which contains the wastewater regulations. Rich Hamit moved to adopt Ordinance No 290; Bruce Smith seconded. Motion carried 4-0. Bruce Smith said that Dean Beckman is interested in acting as the building inspector, but the matter was tabled until Beckman can be present.

DAMAGE/SEWER BACKUP: Ira Allen said Rae Johnson has indicated that she would accept help with removing the damaged carpet and help with the chemicals needed for the cleaning. Allen said he’d been told by Scott Thompson to submit a claim. Mayor Young explained that the back up was caused by someone putting good sized sticks in the manhole on Johnson’s property. It was decided that the matter should be tabled until the costs have been determined. Chief Harmison asked if a police report will be needed. Allen said that would be a good idea. Johnson will be told to submit a bid for expenses.

LAW REPORT: Chief Harmison reviewed his written report for the council. They’ve had 13 criminal cases in January. He also mentioned that there’s been grafitti on the water tower and recommends some kind of barrier be placed around the tower. Discussion about the best way to do that followed. Bob Call said he would check with the company that does the tower maintenance.

MAINTENANCE REPORT: Bob Call asked the council to verify that they approve poles be installed at the city lake as they previously said they didn’t want poles. The council agreed by concensus to approve the poles.

Call also told the council that he’s planning to fence off an area around the maintenance shop to store city equipment. Call will be doing some work on the lift station. He’s also planning on doing some water repairs on Friday, so some people will have the water shut off for a while. Rich Hamit asked if Call is going to the Kansas Rural Water meetings in March. Call said he is going, but hasn’t picked out which sessions he’ll attend yet.

CLERK’S REPORT: Cheryl Brown said she received a letter about the city applying for flood insurance. The material was given to Ira Allen to study and make a recommendation to the council.

The city has also received applications for grants from the Osage County Economic Development group. This will be given to someone on the PRIDE committee.

TREASURER’S REPORT: Patty Hylton had left the meeting early due to illness, so her reports were not reviewed by her. The council can look them over, and ask questions at a later time.

MISCELLANEOUS: There was discussion about shopping around for a cheaper source for fish food this year.

The mayor presented information about a seminar regarding health insurance, health savings accounts, and other related matters. It will be in Topeka, and someone should probably attend, or consider buying the material for further study.

The city has received “thank you” notes from the AfterProm Committee, and also Midwest Coating for choosing them to do the roof on the library.

MAYOR’S REPORT: Mayor Young has received material from the League, and we’re heading in the right direction, but he will come to a meeting if we have questions. The mayor said his goal is to do quarterly evaluations.

The mayor stated that he has been advised that an elected city official remains in office until he or she:

1. Resigns or dies

2. Accepts another elected position that disqualifies the official from the first position

3. Is ousted as a result of a lawsuit brought by the County Attorney or Attorney General alleging misconduct.

4. Is recalled (40% of the number of electors who voted in the election that put the official in office

can petition for an election on the issue of the recall)

One Attorney General’s opinion stated that even when the elected official was comatose, his office was not vacant.

Ira Allen said that it’s a shame when someone who’s been elected doesn’t do the job, or even has the courtesy to resign if they no longer want to be on the council. The mayor said he has left several messages for Councilmember Coursen, and has also gone to his house where there was no response. Mayor Young said he’ll try again.

Rich Hamit asked about talking to the pool manager, and said she needs to know when the pool can be opened so she can do classes there again. The mayor asked Hamit to get things going regarding the pool.

There being no further business before the council, Bruce Smith moved to adjourn. Ira Allen seconded; motion carried 4-0. Meeting was adjourned at 9:40 PM.

Respectfully submitted,

Cheryl L. Brown

City Clerk

APPROVED:_February 22, 2006_________________________