CITY OF OVERBROOK
MINUTES REGULAR COUNCIL MEETING MAY 10, 2006
MEMBERS PRESENT: Rich Hamit, Ira Allen, Bob Sisson, Bruce Smith, Larry Coursen, Mayor
Jack Young.
OTHERS PRESENT: David Osborn, Jon Wilhite, Beth Pankratz, Michael Coffman, Don Schultz,
Pat Martin, Donna Crawford, Ken Krause, Marcia Elliott, Jim Gates, Vic
Robbins, Jason Hielscher, Jon Brady, Roger Davis, Anne Hassler, Jim Koger,
Patty Hylton, Ed Harmison, Bob Call, Cheryl Brown.
The meeting was called to order by Mayor Young at 7:00 PM and roll was called by the clerk.
MINUTES / WARRANTS: Ira Allen moved to approve the minutes of the April 26, 2006 meeting as written. Larry Coursen seconded; motion carried 5-0.
Bob Sisson made a motion, seconded by Ira Allen, to pay all the warrants presented. Motion carried 5-0.
DEBIT/CREDIT CARD PAYMENTS: David Osborn, CardPayment Solutions, Emporia, Kansas was present to discuss the city using their card-payment system for services provided by the city. This company would put a link on the city’s home page, using the city’s choice of disclaimer messages. Osborn explained that this can be done with real-time authorization so that customers know if the transaction was authorized, and that payment convenience fees can be added if the city chooses.
The city would be notified immediately when someone has paid Online, the system will generate a confirmation number for the customer, the page can be printed by the customer, and notes can be included when making a payment. CardPayment Solutions also offers a program to allow check-by-phone payments. There would be a $250 set up fee, along with a 2.5% fee to VISA which could be passed along to the customer if the city chooses to do so. Currently, Douglas Co Rural Water #3 has just signed up, Council Grove Telephone, Geary Co Hospital, Lyon/Coffey Electric in Emporia, and several others. The company works out of Lenexa and is bonded. The city wouldn’t have to buy additional equipment as we have internet access. The city would have to make a 2-year commitment to accept the credit card payments, but not with the online check side. Cheryl Brown said she has had several inquiries from customers regarding this matter. The mayor thanked Osborn for the presentation, and said the council would definitely consider the proposal.
PRIDE: Jon Wilhite, president of PRIDE, was accompanied by several members and told the council they were present to discuss improvements at the city park and lake. Wilhite said that Ken Krause has set the plans in motion by contacting the Kansas Forestry Commission and Kansas Wildlife and Parks. Several means of funding the project have been considered, including the Jones Trust. Don Schultz, member of PRIDE, told the council about his moving to Overbrook and his impressions of the community, all of which are favorable. He commented on why PRIDE has become involved with developing the park and city lake. An ad hoc committee has been formed and they would like to have a vote of support from the council. Schultz gave several reasons why a nice park is important, including attracting young families and also the economic impact on the local businesses. The next step for PRIDE is to create an official project development committee, and then present the details of the project, including funding to the council. Bruce Smith made a motion, seconded by Ira Allen, that PRIDE continue their project plans and bring them to the council. Motion carried 5-0. Wilhite apologized for not mentioning Ira Allen’s involvement with PRIDE, and invited all to attend their meetings on the third Saturday of each month. Ken Krause told the council not to be overwhelmed by the scope of the whole project, but to think of it as several segments. He also mentioned the future maintenance needs to be considered. Jason Hielscher said that he would hate to see PRIDE pursue Jones Fund grants for $15,000 for their project, and the Athletic Association be denied for a possible $120,000 for new ball fields. Mayor Young said that would probably be two different entities, but the council would weigh all the factors when applying for any grants, etc. Jon Brady stated that he hopes that improvements on the ball fields can be done in conjunction with improvements in the park as a whole. Ira Allen asked that further discussion wait until the committee comes back with plans.
EASEMENTS: Jim Gates came before the council to ask for the city’s help in saving one of his large trees that’s on a sewer line scheduled to be replaced. He presented pictures of the tree, and asked if that section of line be replaced by “boring” rather than “open-trenched”. Vic Robbins, King & Associates Engineering, said that boring could be done, although contractors are not being asked to bid the project that way. A contractor may be willing to do it that way after being awarded the bid. Moving the tree to a different location on Gates’ property was dismissed as being too costly with no guarantee that the tree would survive. Robbins said he could fax an addendum to the contract to those who have purchased bid packets, but with such a short time before bid opening, not all the contractors may be able to adjust their bids. The mayor stated that saving the tree would leave it on top of the new sewer line, which could lead to future problems with roots. Mayor Young asked Gates if he would be willing to share part of the extra expense of boring. The council agreed to have Robbins fax the addendum to the contractors. Gates said that he would be willing to pay up to $500 to save his tree. A final figure won’t be done until the bids are opened. Jon Brady said his block would be another area that would be ideal to bore. Robbins agreed, but stated it would be due to the location of Brady’s garage. Brady asked if other people would have the option of partially paying for alternative methods of replacing sewer lines. He’s just asking in general. Ira Allen said that if Brady’s building is damaged, it can be replaced but Gates’ tree is a different case. Allen also said that he’s for helping Gates if possible, but not if it slows down the project and complicates things too much. The contract will determine exactly who is responsible for damages, etc. Donna Crawford, Governmental Assistance Services, said that Gates wanted this agreement to be included in his easement. After discussion, it was decided to leave the wording as is until a cost can be determined for the boring. Michael Coffman suggested someone making sure that Gates understands the $500 he’s willing to pay is based on the boring costing $1000, but the city is not obligated to pay more than an extra $500 to save his tree.
Crawford then reported to the council on how many easements are still to be signed and how she and Coffman are proceeding on those. A few of them involve trusts and other legal issues. Vic Robbins asked if the council could help contact some of the ones that Crawford has tried to reach numerous times. The mayor said that they would, and several documents were left with the mayor and various council members. Crawford said that she thinks the Overbrook property owners have been really great about signing the easements.
WATER/SEWER REPORT: Vic Robbins asked for direction as to how to word the addendum regarding the tree on Gates’ property. Smith suggested a definite length of pipe that would include the tree. It was agreed to ask the bid be from one manhole to the next. Robbins said that he’s sent out 25 sets of plans, but some are pipe supply companies, not necessarily contractors. He’s estimating that we may get around 8 bids. Cheryl Brown said several people have asked how and when they will be notified about when the work will start in their area. Robbins said that contractors use door hangers or knocking on doors to let people know they’re starting the work, usually a week in advance. Brown said people want to know if they will still have sewer service. Robbins said that the contractor is required to maintain sewer service, except when the actual connections are made. This should be less than a day. Robbins said that several contractors have indicated that they weren’t going to bid due to the small work areas. He reminded the council that bids will be opened on Monday, May 15th at 2 PM. and encouraged them to attend if possible.
Ira Allen asked why the waterline street repair can’t be done in the areas where there’s no water. Robbins explained that there are several reasons for the delays, but hopefully the weather will cooperate and it will get done.
POOL: Rich Hamit presented bids for the repair or replacement of the pool cleaner. Aqua Products is bidding $1108 to repair the old one, or $2535 for a new one. The new one would have a remote sensing control and the company would provide the training. After discussion, Bruce Smith moved to purchase a new unit for $2535 and use the old one as trade-in. Rich Hamit seconded; motion carried 5-0.
Hamit mentioned this same company also sells chlorine, and has sold it to the city in the past. Hamit said he will do some more checking prices before ordering from Aqua Products. It was agreed to use Schmidt Vending Machines again for drinks and snacks. Joni Hudson will be hiring lifeguards after the training session has been completed. The pool is scheduled to open May 26th with free swimming.
RE-APPOINTMENT OF CITY OFFICERS: The clerk presented a list of City Officers to be re-appointed (which is available for public inspection). Rich Hamit moved to re-appoint all those on the list. Bruce Smith seconded; motion carried 5-0.
LIBRARY BOARD: Bruce Smith made a motion, seconded by Ira Allen, to appoint Beth Sisson to the library board to replace Esther Geary. Motion carried 4-0, with Bob Sisson abstaining.
RECREATION COMMISSION: The city attorney has provided information regarding the creation of a recreation commission. Kansas law stipulates that 5% of the qualified voters must petition the council to put the matter on a ballot, but the statute does not appear to authorize the council to create a commission without an election, or to put the issue on a ballot without the petition. If the city votes to have a recreation commission, it can be funded with bonds and up to one (1) mil of tax levy. There are definite guidelines as to how the commission would be formed and the powers it would have. There was discussion regarding the procedure for the petitioning. The actual numbers would have to come from the County Clerk’s office. Jason Hielscher asked how much 1 mill actually levied this year. The clerk said 1 mill is $5,299.00 for the current year’s budget, but won’t know about the 2007 budget until the county clerk has done the final computations. Hielscher said that his understanding is a Recreation Commission would include Jones Park and the pool, which would need more than $5,299 to operate for a whole season. The mayor said he can’t see the council supporting raising the levy to get the one mill, and the other choice would be to take the mill from other departments. There was discussion about the cost of a special election. Bruce Smith asked if the main purpose of a rec commission would be to do the organizers rather than the check-writer’s. Hielscher said his thought was to take some of the work away from the council. Mayor Young said that his thinking is that the commission would consolidate all the different boards or associations to cover all activities. Ira Allen said his idea was that the commission would determine the needs, present them to the council, and then oversee the routine activities. The mayor asked Patty Hylton, City Treasurer, what would be different if all the rec activities were lumped together rather than just the pool. The city now pays the utility bills for all the facilities, as well as major repairs. Hielscher says that they break even during the time the high school uses the ball fields. The clerk said that in the beginning, the reason to form a commission was to have better communication between all the groups who use the park and pool. Hielscher asked if things could be left as is, with the city trying to help with the funding, and approaching the high school for help. He had been told that there was an agreement with the high school and the city several years ago, but the clerk said she wasn’t aware of any written or formal agreement, other than verbal permission. Brady said he’s concerned about what’s going to be done with the facility as a whole in view of PRIDE’s plans to make improvements. The mayor suggested the OAA go to the PRIDE meetings and Hielscher said he did, but was unable to attend weekday meetings due to his job. The clerk reminded the council that the city has an agreement with Kansas Wildlife & Parks that things be done in a certain manner which includes approval for removal or addition of structures or improvements. It was agreed by concensus, to leave the duties of the Overbrook Athletic Association as is, and try to do something else in the future.
2007 BUDGET PREP: Ira Allen would like to hear a report from the library. Mayor Young said he and Larry Coursen attended the library board meeting. They asked that their budget be “cut to the bone” and delay any additions as much as possible. They will be presenting an amended budget proposal at the next meeting.
LAW REPORT: Chief Ed Harmison reviewed his written report for the council. He told the council that someone had tried unsuccessfully to steal anhydrous ammonia from the Co-op. Harmison told the council that only two citations had been written the day of the City-Wide garage sale. The mayor said he’d had complaints about the police sitting south of the Co-op fertilizer plant, and asked Chief Harmison to check with his officers. Ira Allen said he had received comments about tickets being written that day, and that it would be a discouragement for out-of-towner’s to come here. Chief Harmison said he worked that day, and wrote only one ticket, and the county wrote one for seat belt violation. The mayor asked if parallel parking is allowed on Maple between Santa Fe Trail and Market Streets. Harmison said “never”.
MAINTENANCE REPORT: Bob Call said he has a request from Mike Fawl for a fire hydrant by his property on Hwy 56. Call said he wasn’t sure where we’re at with this property, and wonders if Fawl shouldn’t have an engineer. The mayor said that Call can talk to Fawl to see what he wants, but we will need more information before a building permit is approved. Bruce Smith said that we need to know exactly how many services he’ll need. Ira Allen said that since Vic Robbins is working on water/sewer that Robbins should be the one to talk to Fawl. Smith said that Bob Call can talk to him first. There was discussion about what easements the city has in that area. The council agreed that Michael Coffman should be consulted about the city’s obligations to provide water and sewer to property owners. Bob Call said he would talk to Fawl and report to the council.
Call has checked into problems with a culvert at 7th and Locust and discovered it’s full of roots coming from a tree. Digging the roots out would probably kill the tree. The mayor said he would inform the person who had asked him about the matter.
Call said he purchased a power washer with a 15 gallon tank so it’s portable. This will be very helpful when cleaning the pool every year. He said that the fence around the pool has been damaged and he’s asked for bids to reinforce the fence.
Call asked if the retirement benefit being paid to him and the clerk could be done twice a year instead of just once. This is the difference between what the city pays into their KPERS and the police KPF. The mayor said they would discuss this at the next meeting.
Call will be on vacation the first week of June when his wife gets back from China. He will be turning on the pumps at the pool tonight and hopefully everything will work. The mayor said he had complaints from Steve Simmons about how bad the smell is when the pool is drained prior to getting it ready for the season. The mayor asked if that can be done some other way to eliminate the problem next year.
Smith asked if Call has had a chance to check out the rural waterline project to see what needs to be done. Call said he hasn’t. He was also asked if he’s gotten any bids on the grate for the drainage problem on Gloss’s property. The mayor said it would be good to get something done when the sewer rehab is being done in that area.
TREASURER’S REPORT: Patty Hylton reviewed the financial reports for the council. She is going to wait until we receive the June tax levy disbursement from the county before purchasing the cd’s approved last month. Hylton said that we’ve received a check from Kansas Wildlife & Parks for $2325. This is in agreement with our not selling city licenses for the city lake. She will be submitting paperwork for reimbursements for the waterline and sewer projects next week. Hylton said that all departments are under budget, but said the Water/Sewer fund seems to be running slightly over budget due to some large expenses with debt payment and repairs. She’ll be working with Jim Long next week on 2007 budget prep, but doesn’t see any need for increasing the mill levy to meet current needs. The mayor asked Bob Call and Ed Harmison to let the council know if they foresee any special needs for next year.
Hylton asked if the council is wanting to increase the library budget, and said there’s not a lot of ways to do that other than increasing the mill levy. Mayor Young said that will depend on what kind of revised proposal is presented at the next meeting. Ira Allen said that he’d like to put more effort in upgrading the streets. An additional sales tax was discussed as one possibility. The clerk said that we have about $34,000 in the Special Highway fund now, but we don’t know what the asphalting will cost for the waterline project. There was discussion about asphalting compared to chip and seal. Hylton said that the city could get another $19,000 for Special Highway by the end of the year. Ira Allen suggested that the council and Bob Call ride around and see what street should be worked on and discuss it at the next meeting.
CLERK’S REPORT: Cheryl Brown presented the letter of agreement with Kansas Wildlife & Parks in reference to Jones Park. Mayor Jack Young signed the agreement.
MISCELLANEOUS: Chief Harmison stated that he’s hoping that sewer lines will be better marked when the rehabilitation project is started than it was 50 years ago.
COMMUNTIY BUILDING: Bruce Smith said he’d like to have Michael Coffman research the city’s being able to use an existing building, such as the American Legion building, as a community center. Details such as leasing, purchasing, and maintenance need to be studied. Mayor Young asked Smith to do some follow up on the possibility.
ENGINEERING FEES: Bob Sisson asked how the engineer is being paid and was told Robbins is paid hourly, and the rate depends on what he’s doing. This rate is determined by the contract with the city, and somewhat by the contract approved by KDHE for each project. Sisson said that he was upset by the engineer’s observing the asphalting on Market for the entire day. Bruce Smith said usually the engineer checks the project at the beginning and then again when it’s done. The clerk said it depends on how each contract is worded. Ira Allen said he watched for awhile, and it seemed that the prep work wasn’t be done like it should before the asphalt was laid. The clerk said that Robbins is paid $40/hr as an engineering technician and $70/hr for engineering. Sisson said he would talk to Vic Robbins about this later.
CHAIRS FOR COUNCIL TABLE: Rich Hamit said that new chairs would probably be around $120/chair in order to get a good quality chair. Coursen said that we should get something that will last. Smith suggested authorizing Hamit to purchase chairs up to $150/ chair. Hamit said he’d like to do some more checking. Hamit said the chair he has at work cost $600 when new. He’ll bring more information to the next meeting, and discuss it at the first meeting in June.
AGENDA: Items for the next agenda include: Library budget, chairs, water/sewer projects, card payment plan, retirement payment figures (if available). The mayor asked Bob Call to attend the next meeting to discuss the utilities for the Fawl properties.
BUILDING INSPECTOR: Bruce Smith said that Duane Stout is not interested in doing this at this time. Jason Hielscher inquired about what qualifications this person would need. The mayor said the city won’t be doing electrical inspections.
There being no further business before the council, Rich Hamit moved to adjourn. Larry Coursen seconded; meeting adjourned at 10:10 PM.
Respectfully submitted,
Cheryl L. Brown
City Clerk
APPROVED:05/24/2006