CITY OF OVERBROOK

MINUTES REGULAR COUNCIL MEETING JUNE 13, 2007

MEMBERS PRESENT: Larry Coursen, Bob Sisson, Don Schultz, Dorthy Chikly, Tadd

Goodyear, Mayor Jack Young.

OTHERS PRESENT: Michael Coffman, Carolyn Cogswell, Donna Crawford, Pat Martin,

Jon Brady, David & Kathy Alcorn, Phil McAnulty, Sheila Dale,

James Foster, Rich Hamit, Eula Lee Fuller, Tim Nedeau, Michael &

Jenna Blood, Patty Hylton, Ed Harmison, Everette Dannar, Jim

Koger, Bob Call, Cheryl Brown.

The meeting was called to order at 7 PM by Mayor Young, after which the clerk took roll call to determine that a quorum was present.

MINUTES / WARRANTS: Dorthy Chikly moved to approve the minutes of the May 9, 2007 regular council meeting as written. Bob Sisson seconded; motion carried 5-0. Don Schultz made a motion, seconded by Tadd Goodyear to approve the minutes of the May 14^th special meeting. Motion carried 5-0. Dorthy Chikly moved to approve the minutes of the May 22^nd special meeting. Tadd Goodyear seconded; motion carried 5-0.

Bob Sisson made a motion, seconded by Dorthy Chikly, to pay all warrants presented. Motion carried 5-0.

FINAL PERFORMANCE HEARING/WASTEWATER PROJECT: Donna Crawford, Governmental Assistance Services (G.A.S.), was present to conduct the hearing which is part of the requirements of the CDBG grant the city received as part of the wastewater improvement project. This hearing is held to review the progress and results of the project up to this point. Crawford reviewed the status of the subcontractors hired by Joshua Excavating as well as the actual work that’s been completed. A list of the things to be done as compiled by Vic Robbins, city engineer, was mentioned but not reviewed as Robbins was unable to attend the meeting. Sheila Dale was present to show pictures of her yard and alley and to tell the council that their sump pump drains are now below ground where they were above ground level prior to the project. Dale also said that the fill-dirt that was used is full of rocks, old sewer tile and glass. Dale said that her survey markers are missing that need to be replaced. Mayor Young said that the markers are on the list to be replaced, and that the landscapers have been doing most of the clean-up work. Dale said that she’s concerned about future erosion, and also the way the new sewer pipe was installed. The mayor said he would check with the engineer.

Don Schultz asked what the repercussions would be if the city signs off on the hearing and the jobs isn’t finished. Crawford stated that the city wants to have all the paper work submitted regarding this project in order to apply for another grant. There was discussion about how the warranty works regarding the contractor’s responsibility. The mayor said he will talk to the landscaper tomorrow.

Mayor Young said that there’s also an issue with how the contractor wants to finish the job at the Doc Maichel’s residence. There was discussion about the term “substantial completion” which is what the Dept of Commerce wants to have verified as part of the grant requirement.

There was discussion about the “punch list” that the engineer would have made of things that need to be corrected or completed by the contractor after a walk-through by the engineer and someone from KDHE. Crawford said that she would find out who KDHE sent to do the walk-through. Jon Brady asked if the council could add to the punch list. Bob Call said that he didn’t know what was on the list either. Mayor Young said he would talk to Vic Robbins tomorrow about all of the items discussed.

After more discussion, Larry Coursen moved to authorize Donna Crawford to submit a “Substantial Completion” document regarding the sewer project provided Vic Robbins will agree. Bob Sisson seconded; motion carried 5-0.

CITY FIREWORKS DISPLAY: Tadd Goodyear made a motion, seconded by Dorthy Chikly, to pay the $360 deposit to Rainbow Fireworks for the city’s July 4^th display. Motion carried 5-0. The total cost of the display will be reimbursed through donations made by businesses and other groups.

Bob Sisson moved to approve the sale of fireworks by Uncle Sam’s and also by the Martin family with the same conditions as last year regarding hours of sales and curfews. Larry Coursen seconded; motion carried 5-0.

QUORUM CHANGE: The mayor presented a draft of a charter ordinance that would change the quorum required to conduct city business from the present three (3) members to four (4) members. If the council votes to adopt the ordinance, it would go into effect after 2 consecutive weekly publications, followed by a 61-day waiting period. The ordinance would define a majority of a quorum as 3 members rather than 2. This would mean that 2 council members could work together on city business and not be in violation of the Kansas Open Meetings Act. Larry Coursen moved to adopt Charter Ordinance No 10. Tadd Goodyear seconded; motion passed 5-0. The clerk will inform the council of the effective date following the 2 weekly publications.

JUNK VEHICLES: Tim Nedeau, son of Lois Shuck, came before the council to discuss a situation involving his having to dispose of a vehicle several years ago. At the time, Nedeau didn’t have a problem with getting rid of the van, but he now feels that it was harassment as he presented the council with several photos of what he considers “junk vehicles” that the city has ignored. Nedeau feels that since he paid $1000 for the van, and had to sell it for $75 in order to comply with the “warrant” from the Overbrook Police Department, and that there are still several “junk vehicles” around town that the city should pay him $1,000.00. Chief Harmison said that he has a list of approximately 45 vehicles to be addressed very soon. The ordinance allows the owner 10 days to either comply with the ordinance or dispose of the vehicles. The owner does have the option of requesting a hearing to resolve the matter if they so desire. Nedeau said he would be willing to wait until the August council meeting to pursue payment from the city. The letter presented to the council is available for viewing at City Hall.

Jon Brady commented that he himself had received this same notice several years ago, and it seems that the city is still inconsistent on how the “junk vehicle” ordinance is enforced. He feels that the ordinance may be poorly written. Mayor Young said that he would like for Michael Coffman and Chief Harmison and himself to review the ordinance.

SEWER DAMAGE CLAIM: Phil McAnulty appeared before the council to ask that the city reimburse him for sewer-backup damage to his property regardless of whether or not the city’s insurance honors the claim. McAnulty also asked for information regarding the frequency of this type of occurance and what the city is doing to prevent future instances. Council members Goodyear and Schultz said that Rob Molt, the current resident of the property, stated at a previous meeting that they had had the same problem before this event. McAnulty tried to explain the first incident. Mayor Young said that he would like to consult with Vic Robbins about what rehab had been done on that line. Carol Bloodworth, advisor to McAnulty, stated her opinions about what might have caused the problem. She said that a city she previously worked for had paid home owners to comply with KDHE regarding perimeter drains.

McAnulty agreed to come to the July meeting to see what answers the city has.

CITY LAKE ROAD CONNECTIONS: James Foster came before the council to express his concerns about erosion to Lakeshore Lane caused by drainage from the adjoining property on the west. Foster said that when a landowner significantly changes a piece of ground and draws water to a different point, the landowner then becomes liable. Foster said that the water flow has been changed due to the removal of the terraces on the adjoining property. He’s concerned that as traffic goes on the gravel road, a track will eventually turn into a trough. He recommends putting in a ditch and a culvert installed in the driveway. Mayor Young said that the property owner has agreed to road maintenance, so the mayor will talk to them about the situation. Bob Sisson said that there are drains from the concrete into the ditch along Hwy 56.

COMMUNITY REVITALIZATION TAX INCENTIVE: Stephanie Watson, ODEC Director, made a presentation about a neighborhood revitalization plan for Osage County. This is based on property evaluations, commercial and residential. This plan will not change the actual assessed valuations of any property. The rebates will be allowed over up to ten years. The details for the first draft of the plan are rather lengthy and somewhat complex, but are available at City Hall for review. The project is just getting started so more details may be forthcoming. Watson said she would be glad to discuss it with those who are wanting more information. Watson said that the county will have to adopt the plan by resolution, but cities can go ahead on an individual basis, but everyone needs to be involved for the plan to work. Watson also said that she’s going to make the rebate retroactive for those businesses and homes that have already made improvements. Watson is asking the city to support 25% rebates for commercial property over 10 years, and 15% rebates over 5 years for residential properties. Schultz asked if the cities can modify the plan if they so desire. Watson said that’s possible and that’s part of the reason why there will be a $125 application fee to Osage County. There will be a one-year time limit on any projects. Watson said that the reason for the plan is to encourage more businesses to locate in the county, and also an increased tax base after the rebate time limit is over. Watson would like to have Overbrook represented at the June 25^th county commission meeting to affirm their support for the plan.

The council thanked Watson for her presentation and efforts in behalf of the county.

JOB DESCRIPTIONS/EVALUTIONS: Mayor Young asked the council to study the material provided in their packets related to job descriptions and employee evaluations. He would like to develop a plan in order that the evaluations can be done timely and consistently. The forms that have been used in the past weren’t satisfactory for all the departments. Dorthy Chikly suggested that 2 council members serve as a review board, and then they would report to the entire council. Don Schultz asked that before any decisions about this are made, he would like to include discussion about hiring a city administrator. Schultz suggested that any evaluations be done at least 90 days before re-appointments are made. Mayor Young said he would like to have evaluations done twice a year since the purpose is to improve performance. Schultz would like to see more accountability in job descriptions regarding scheduling, procedures to address complaints, and more of a paper-work trail. His reasoning is so that the council can have a better understanding of how the jobs are being done.

Don Schultz gave the other members information about a city administrator position/job description. His purpose is to have someone in charge of city personnel on a daily basis. He also had a sample ordinance prepared by the League of Municipalities. This person could also look for sources of funding for the city, as well as oversee the recreation facilities. Schultz would like to consider adding this position in the 2008 budget. Bob Sisson said he had done some research, and only found about 4 cities in our size range that have city managers. These towns either have a power plant, or sewer treatment plant or didn’t have a local police department. Burlingame and Osage City both have city managers, but they also have power plants. Sisson said that the council should be able to oversee 5 full-time employees. Schultz said there’s a difference between an administrator and a manager. Sisson said he realized that, and some cities have a city superintendent. Mayor Young stated that he personally feels that the city is getting a lot from the governing body at $15/meeting. He agrees that at some time there needs to be someone “in charge”. It was suggested that the city pursue getting grants to pay for the position.

Jon Brady asked that Michael Coffman be consulted about creating some kind of recreation committee. Mayor Young said that since Coffman had just walked into the meeting, he’s been asked.

Don Schultz said he would bring more information about a city administrator to the next meeting. He also said that the state statutes require that this person be a registered voter, so they would have to live within the city limits.

CITY TRAFFIC LAWS/FINES: Don Schultz said that he’s been informed that there’s some confusion about legal U-turns in the city. He would like to find a way to inform the public about what can and cannot be done regarding u-turns. Chief Harmison said he’d been informed by Judge Jones that it’s not illegal to pull across a double yellow line to park. Mayor Young asked what happens if he backs out from the post office, and hits someone pulling into the post office from across the street? Harmison said he called the City of Topeka’s Traffic Division and couldn’t get a definite answer to that exact question. It’s illegal to cross double-yellow lines to pass another vehicle. The 2006 Standard Traffic Ordinance states that the chief of police has the authority to deem which intersections are legal for u-turns. Don Schultz suggested that something be published to inform the public what a “u-turn” is and where it can be legally done. The mayor suggested that Don Schultz and Chief Harmison work on this. The council also agreed by concensus to have a notice of the budget hearing published in the paper in addition to the legal notice.

LAW REPORT: Chief Harmison gave the council a report on the previous month’s activities and citations. Harmison and Dannar have both completed the necessary training hours as required. He said that the paint is coming off the white patrolcar.

Chief Harmison said there’s been someone going around town selling ice cream and asked for direction. The current ordinance requires a $300 fee. The council agreed by concensus to make this person apply for a license. Stephanie Watson said that the council has the option to waive the fee.

Bob Sisson made a motion, seconded by Don Schultz, to waive the $300 fee if the person is found to have a valid driver’s license and insurance. Motion carried 5-0. Dorthy Chikly and Chief Harmison agreed to come up with guidelines about this type of vendor for the future. Michael Coffman said he would also research the matter.

Chief Harmison asked that signs be posted at the lake to keep people from parking at the lake. He told the council that even though the auditor increased the police department’s budget this past year, he can work up a budget that will show more detail if so desired. The mayor said that what’s been done in the past is sufficient. Harmison also told the council that in the last 2 years building permits have been issued for $1,827,000.00 of property. Harmison asked about getting gas cards for the BP Gas station. The clerk said she’s checking into it.

MAINTENANCE REPORT: Bob Call said he’s going to have to replace the water heater at the pool. He thought the class on starting up the pool was helpful, but uncovered some problems with the filters.

Call presented the bid from Harbour Construction for street work. The bid was for $64,190.00 to do everything that Call had put on the list. The bid is available for inspection at city hall. They could be here sometime in July. Tadd Goodyear said he thinks we should have more than one bid. Larry Coursen moved to proceed with accepting the bid. Don Schultz seconded; the vote was 1-4 against. Call was asked to get a bid from Amazing Asphalt. The council agreed to have a special meeting if necessary. Stephanie Watson said to make sure the contractor gets their gravel locally.

Call said he would be on vacation July 2-8^th and August 6-12.

TREASURER’S REPORT: Patty Hylton reviewed the financial reports. The clerk has contacted Kansas State Bank to increase the city’s pledge to cover balances over $100,000. Hylton said that she thinks that the final cost for the sewer project may run about $36,000.00. She’s going to check with Vic Robbins about this amount. She will probably wait and request the balance of the KDHE loan after all the bills have come in. Hylton asked if the council is planning a special meeting for the 2008 budget. Jim Long will have a preliminary budget ready at the July meeting. The mayor said there may a special meeting between the July meeting and the August budget hearing.

CLERK’S REPORT: Cheryl Brown asked permission to rent space at the mini-storage as space is very limited in City Hall. Don Schultz made a motion to rent the space for $330/year. Bob Sisson seconded; motion carried 5-0.

Brown said that Jim Long will be here to present the 2006 audit report on July 11^th. She also said that the 2006 Consumer Confidence report will be mailed before July 1^st. Brown will be on vacation the week of June 18^th.

She also showed the council a plaque that Ken Krause brought in for the city to consider. He wants to know if the city would be interested in purchasing a similar plaque for the park. The matter was tabled until the next meeting.

COUNCIL MEMBER COMMENTS: Bob Sisson said that he didn’t feel that the subject of keeping 2 full time employees in the police department had been discussed at the last special meeting. Sisson went on to say that in the 30 years plus that he’s lived here, the city has had just one full-time officer until Chief Harmison took over and Everette Dannar was hired. He said that he feels the city is spending more than it has to for police coverage. Bob Sisson made a motion, seconded by Larry Coursen, to abolish the second full-time police position. Chief Ed Harmison then presented the council with reasons why the city should keep two full-time officers. He admitted that Overbrook isn’t crime-ridden, although there was a major juvenile problem when he became chief. The part-time officers now only work very few hours/month. Harmison pointed out that Topeka has one officer for every 540 people, and most other cities he checked had about the same amount. Harmison also pointed out how much Everette Dannar has saved the city with grants, etc. Dannar is also very good on the computer, and has had good training. Harmison said that Dannar is always available when needed. He said that he knows of accusations against Dannar that have been unfounded, and said that the mayor has listened personally to tapes of car-stops made by Dannar. Harmison said that his department has the respect of the county sheriff. He also said that some people don’t like Dannar because he has tatoo’s and can be a little cocky. Harmison also pointed out that he’s currently under budget even with two full-time officers.

Harmison then said that he wants to protect this town as it has been the past several years. By him constantly driving the streets and being seen is one way to do this. He said that the week after the incident that took place a month ago, the town was “cased”. Harmison said that Dannar is willing to work the “bad” hours of 7 PM to 3 AM. Harmison said that if any of the council has a problem with either himself or Dannar, they need to talk to him.

Don Schultz asked that they have a more lengthy discussion about the position which might require an executive session either tonight or the next meeting. Mayor Young preferred that it be done next time as he would like to have the matter decided and settled once and for all. He said that all the information needs to be presented at the next meeting in order for this to be done. Michael Blood asked when the part-timers would be used.

Jenna Blood said that part of the reason they moved here was because of the police coverage.

At that time, Bob Sisson withdrew his motion as the matter will be on the agenda for the next regular council meeting.

CONTRACT WITH SHERIFF: Larry Coursen has talked to Michael Coffman about contracting with Osage County Sheriff to provide police protection for the city. Coursen also talked to Sheriff Dunn, and she told him that she could provide costs, etc if the council agrees on what they want. Schultz asked if Sheriff Dunn would be available for the next neeting. Coursen said that she probably wouldn’t unless she was sure the council was in agreement about a contract. Sheriff Dunn has reviewed the two contracts from other towns. Coursen gave copies of the contracts to the other council members to review.

MAYOR’S REPORT: Mayor Young said he will be having hip replacement surgery on June 18^th, and will be unavailable for a couple of weeks.

The mayor presented the council with bids from K & K Electric to replace some or all of the lights at the ballpark. After looking at the bids, Tadd Goodyear asked that we get another bid from Russell Smith before making a decision. Goodyear was also going to see if Westar will furnish a boom truck for the job.

PUBLIC COMMENTS: Michael Blood asked what the hours the city lake is open. The clerk said the lake hours are 5 AM to 11 PM. He then asked if city officers are the ones to write tickets for violations, and Chief Harmison said that they do if anyone is there after 11 PM. Blood asked permission to replace the chains on the basketball goals with nets. Council agreed by concensus.

There being no further business before the council, Larry Coursen moved to adjourn. Bob Sisson seconded; motion carried 5-0 at 10:50 PM.

Respectfully submitted,

Cheryl L. Brown

City Clerk

APPROVED: July 11, 2007