CITY OF
MINUTES REGULAR COUNCIL MEETING MAY 24,
2006
MEMBERS PRESENT: Larry Coursen,
Rich Hamit, Ira Allen, Bruce Smith, Bob Sisson,
Mayor Jack Young.
OTHERS PRESENT: Peggy Waldman, Scott
Averill, Jim Gates, Mike & Roxane Fawl,
Frank & Sherry
Rhodes, Carolyn Meerian, Vic Robbins, Marian
Massoth,
Jon Wilhite, Becky Coltrane, Rex Fleming, Charlie
&
Brooke Davis, Beverly
Hix, Jon Brady, Jim Gates, Kathy Alcorn,
Max Friesen, Bob Call, Ed Harmison,
Jim Koger, Anne Hassler,
Cheryl Brown.
The meeting was called to order at 7 PM by Mayor
Young. Roll was taken to determine the
presence of a quorum.
MINUTES / WARRANTS: Bruce Smith moved to approve the minutes of the May
10, 2006 regular meeting as written.
Larry Coursen seconded; motion carried
5-0. Ira Allen made a motion, seconded
by Larry Coursen, to approve the minutes of the May
17, 2006 special meeting. Motion carried
5-0.
There were no warrants to be
approved.
LIBRARY BUDGET: Peggy Waldman, Librarian, brought a revised 2007
budget proposal for the library. Mayor
Young said that he appreciated her work on this, and that the matter would be
discussed more fully at the next meeting.
Scott Averill said that due to wanting to serve the community, he hopes
the council will approve the budget.
F.A.R. PROPERTY DEVELOPMENT: Mayor Young asked
what the plans are for developing their property. Mike Fawl said
they are planning to develop this area providing everything is feasible
depending on the economy and other factors.
The mayor replied that part of the basis for his asking is in regards to sizing of lift
stations, etc to handle all the possibilites now
rather than have to add to it at a later date.
Fawl said that future plans could include a restaurant,
strip mall with several businesses, and possibly a health club. Fawl did emphasize
that these additional businesses could be up to 25 years away. At this time, the plan is for a gas station
with a restaurant with a basement meeting room.
This would also serve as a storm shelter. There was discussion about the property lines
and the survey done by the city last year.
Fawl presented his legal descriptions, and
thinks that maybe the city survey was done using incomplete legal
descriptions. Rich Hamit
suggested that Vic Robbins look at the legal descriptions to see if there is an
over-lap of property. Robbins arrived at
this time, and was given the documents.
The mayor asked that other business be conducted while Robbins is
looking at the documents.
CARD PAYMENTS: Mayor
Young suggested that the city wait until some surrounding businesses use the
program offered by Card Payment Solutions before making any decisions. Concensus to wait.
COUNCIL CHAIRS: Rich Hamit said that lower-end
quality chairs run around $130, with better ones around $270. Bruce Smith moved to purchase 7 new chairs
for approximately $270 each. Bob Sisson
seconded; motion carried 5-0. The
council agreed that the dark blue would be the best color choice. Hamit said he would
place the order through Thompson Crawley in
RETIREMENT PAYMENT: Larry Coursen made a motion,
seconded by Bob Sisson, to pay Bob Call and Cheryl Brown the difference between
their KPERS and the police department’s KPF retirement in semi-annual payments
rather than one payment at the end of the year.
Motion carried 5-0.
F.A.R. PROPERTY: Vic Robbins said he can’t determine if there’s an
overlap in the legal descriptions for the F.A.R. property and the city’s
property by reading the documents. Ira
Allen asked if the property should be surveyed again with the cost being
split. Robbins recommends more
evaluations of the deeds before having another survey done. Fawl said that they
would be giving the city an easement on the property should it belong to F.A.R.
anyway. The 20’ in question would give
them access to the city lake road. There
was discussion about the stakes used for the city’s survey. In response to sharing the cost of another
survey, Fawl said that they would just give the city
the 20’ after they get done with this whole process. Their main reason for wanting the 20’ was to
have access to the lake road to use as another entry on to the highway.
Mayor Young asked how the council wants to proceed with
the actual development of the F.A.R. property regarding sewer and water
service. Vic Robbins said that any
extension of a public water or sewer system has to have engineered plans
submitted to and approved by KDHE. These
plans need to include a determination of the demands for a 20-year period, and
the engineer for the project has to evaluate the city’s systems and make a
statement as to whether or not they can support the development with KDHE
making the final approval. The mayor
asks who initiates this process. Robbins
said that it’s been his experience that the developer hires an engineer to draw
up the plans and specs, then the city applies to KDHE
with those plans and specs for the extension, with the extension becoming part
of the city systems. Ira Allen said
that the city ordinance requires the developer to have the engineering
done. Regardless of who hires the
engineer, KDHE will have to approve the extension. Bruce Smith said that this needs to be done
on a long-term basis to consider future development in this same area. Robbins agreed, but said that the city
shouldn’t tie one developer’s plans to future possibilities. The council agreed by concensus
that the engineering should be done by F.A.R.. Robbins agreed that the city should be
involved with the plans since the system will eventually belong to the
city. Fawl
said that one possibility would be for the city to vacate or de-annex the
property and they could proceed as private rural property. Ira Allen was not in favor of having this
property be outside the city limits.
Council agreed by concensus. Fawl said that the
city ordinance allows a septic system within the city limits. Bruce Smith said that Article 3, Section 4
gives the option of a septic system provided there is a minimum of 3 acres and
they would have 90 days to connect to a sewer system when available. Smith says that it doesn’t state that the
city has to approve such a request. Jon
Brady and Marian Massoth, employees of KDHE, stated
that KDHE would probably have
SEWER REHABILITATION: Vic Robbins said that he has talked to Josh Hawkins,
Joshua Excavating, regarding the start date for the project. Hawkins will contact his subcontractor about
starting work on the manholes as soon as everything has been approved by KDHE. The work on the sewer lines will probably not
start until August. Robbins said he’s
visited with Rod Geisler about borrowing additional
money from KDHE to complete the rehab project.
The city has to complete another financial capability worksheet, but
there’s no requirement to hold another hearing. Michael Coffman said that the bid bond
submitted by Joshua Excavating seems to be in order. Robbins has been working on the paperwork
necessary that accompanies the bidding, etc.
Robbins said that there may be some problems with the site certification
KDHE requires due to not having all the easements. Marian Massoth will
talk to Geisler about this as soon as possible. Robbins said that we also have to get a
permit due to more than 1 acre of land being disturbed. This requires that a stormwater
pollution plan be submitted. This wasn’t
included in the contract, so the city will probably be responsible for the
plan. Robbins said that the city could
try to ask the contractor to develop the plan.
Robbins said he can fill out the application, but would prefer the
contractor develop the actual plan for KDHE.
Robbins said that he’s staked out the easements for
Richard Wright’s property. Mayor Young
said that Wright has requested the city pay for his attorney fees to review the
documents. Wright is requesting payment
of $675. After some discussion, Bruce
Smith moved to offer Wright half of $675 upon presentation of the bill. Bob Sisson seconded the motion; motion
carried 3-2 with Coursen and Allen voting against
paying even half.
Robbins said that he’s not been able to meet with Pat
Neil, Sr or the Dales, or Sharon Gunter about
their easements. The city doesn’t have a
permanent easement on Gunter’s property which needs to be addressed later.
Bob Sisson asked Robbins if the manhole on Wright’s
property is the end of the line. Robbins
said that the service ends at the manhole on Wright’s property.
Mayor Young said that they need to address the tree on
Jim Gate’s easement. The bid to bore
that block of line was $330,000 as opposed to trenching for $20,000. The losing bid to bore it was almost
$50,000. Robbins said that even boring a
small section would cost a lot more.
Gates had agreed to pay up to $500 towards boring the line to save a
large tree. Gates asked if the city is
sure that the sewer line is in the easement.
Robbins said he’s reasonably sure that it is. Gates asked for proof that the tree is on
the easement. Robbins said it would
require a legal survey. The contract
states that trees removed outside the permanent easement will be replaced with
2 smaller trees, and the ones inside the permanent easement are subject to an
agreement between the city and the land owner.
Gates asked about the berm and shrubs. Robbins said that the contract requires that
yards are replaced to the original condition.
The lines will be videoed before the work starts. Gates asked if the manholes can be relocated
to avoid replacing the line on his property.
Robbins said that the tree might still be in jeopardy, and the extra
cost would be about $10,000.
Bob Sisson moved that the city deny payment to Richard
Wright for his attorney fees regarding the easement. Larry Coursen
seconded. Motion carried 5-0.
2007 BUDGET: Rich Hamit moved to table
discussion of the 2007 budget; Bruce Smith seconded; Motion carried 5-0.
COUNCILMEMBER COMMENTS: Ira Allen said
Mitchell’s would like to have some saturock put at
the end of their driveway on Maple. The
mayor said he’ll talk to Bob Call about this.
Allen also wanted to know when the electrical box will be hooked up
since Westar has installed the poles at the city lake.
Rich Hamit said that the pool
is up and running. Joni Hudson has hired
the guards for the season. A new phone
and answering machine had to be purchased as well as having the cash register
re-keyed due to the phone and key to the cash register being missing.
MAYOR’S REPORT: Mayor Young said Galen Kennedy has complained about
people driving through his field to use the tree dump site by the lagoons. Solutions other than closing the dumpsite
were discussed. The council agreed to
have Bob Call get some prices to fence off a certain area for the tree dump to
prevent driving on Kennedy’s property.
PROPERTY OWNER: Jon
Wilhite would like the city to consider grading the
alley behind his property on
ATHLETIC ASSOCIATION: Jon Brady asked if the clerk has heard anything about
the drag. Brady talked to the company
today and they couldn’t find any information related to the order. Brown said she’ll check into it tomorrow. Brady also presented a 2007 budget proposal
for the Overbrook Athletic Association for the council to consider. The mayor said he and someone from Midland
Fencing will be meeting to get some figures that can be used for grant
applications, etc. The mayor asked that
Brady bring some revenue figures to a future meeting to compare with the budget
expenses he brought tonight. Brady said
he would.
There being no further business before the council, Rich Hamit moved to adjourn.
Larry Coursen seconded; meeting was adjourned
at 9:30 PM.
Respectfully
submitted,
Cheryl
L. Brown
City
Clerk
APPROVED: June 14, 2006