CITY OF OVERBROOK

 

 

MINUTES                       REGULAR MEETING                                             JUNE 14, 2006

 

 

 

MEMBERS PRESENT:        Ira Allen, Larry Coursen, Bob Sisson, Bruce Smith.   Mayor Jack Young and

                                    Rich Hamit absent.

 

OTHERS PRESENT:          Pat Martin, Chad Luce, Ken Krause, Don Shultz, Beth Pankratz, Kris Stangis,

                                    Jason Hielscher, Becky Coltrane, Anne Hassler, Duane Stout, Vic Robbins,

                                    David & Kathy Alcorn, Jim Gates, Mike & Roxane Fawl, Frank & Sherry Rhodes,

                                    Charlie Davis, Jim Koger, Patty Hylton, Bob Call, Ed Harmison, Cheryl Brown.

 

 

            The meeting was called to order at 7 PM by Council President Bruce Smith in the absence of Mayor Young.  Roll was taken.

 

 

MINUTES / WARRANTS:              Bob Sisson moved to approve the minutes of the May 24, 2006 meeting as written.  Ira Allen seconded; motion carried 4-0.

            Ira Allen made a motion, seconded by Larry Coursen, to pay all warrants presented.  Motion carried 4-0.

 

 

FIREWORKS SALES:         Pat Martin was present to ask approval for their family fireworks stand at the Boy Scouts building on the fairgrounds.  It would be open June 27th through July 4th from 10 AM until 10 PM.  Bob Sisson moved to approve the fireworks sales with a second by Larry Coursen.  Motion carried 4-0.

 

WESTAR FRANCHISE:      Chad Luce, Westar Energy, was present to discuss the renewal of the city’s franchise agreement which is due this year.  Luce reviewed each section of the agreement which is in ordinance form.  At the current time, the city receives a 3% fee, based on Westar sales within the city limits.   After discussion, Ira Allen made a motion, seconded by Bob Sisson, to approve Ordinance No 291 which will extend the city’s franchise agreement with Westar Energy for 20 years with the city receiving a 3% franchise fee.  Motion carried 4-0.  Luce thanked the council and told the clerk he would take care of having the ordinance published.   Luce said he would schedule a meeting time to get the mayor’s signature as he would take care of publication.

 

DRAINAGE/ASH STREET:   Kris Stangis was present to ask if and when anything is going to be done about the drainage problem on her property.   Bruce Smith stated that the city’s engineer, Vic Robbins, should have more free time soon as the sewer project is close to getting started.  Robbins said he should have time in the next couple of weeks to look at it.   Smith said that the council also needs to have the city attorney advise as to what kind of authority the city needs to make any changes in the current drainage area.  Stangis asked if she could meet with Robbins. 

 

OVERBROOK CITY PARK:     Ken Krause introduced Don Shultz to give the report.  Shultz informed the council that the current project is to develop the area around the city lake at this time.    He gave a report about the work session by volunteers this past Saturday which included 100 hours of labor by 32 volunteers and the equipment to haul and level dirt around the existing walkway.  Several dead trees were dropped and burned, but there are still a few trees left to remove.  Several of the younger trees were cared for by removing the grass around them.   Shultz asked the council to consider calling a special meeting to lay out the plans for the phases of the project.  The council agreed to meet with the group Wednesday, June 21st at 7 PM for this purpose. 

            Vic Robbins said that the council may be able to act on the loan agreement ordinance from KDHE if available at that same meeting.

 

WATER/SEWER REPORT:     Vic Robbins said that the sensor system installed on the water tower has to be re-programmed and functioning by July 1st and hopes that Bob Call has contacted Pedrotti’s about this matter.

            Robbins said he’s been told by Donna Crawford that she’s obtained easements from Richard Wright, Chuck and Linda Musick, and Ken Huston.  Robbins said Crawford indicated that Gates may be willing to sign the easement with the changes that have been made in the language.  Robbins has met with Ken and Sheila Dale who want an absolute date of completion in the easement.  Crawford has never been able to contact Donnie Bryant, and still needs to contact Sharon Gunter.  She will also try to contact Pat Neil, Sr.   Michael Coffman is still working on the ones for the Dales, Gates and George Maichel, Sr.  

            Robbins told the council that KDHE won’t approve awarding the contract until the city has submitted the financial statements that provide the ability to repay the loan.  Robbins and Patty Hylton have put together these documents, and Habib Ghali, KDHE, thinks that this information will be sufficient.  The loan will be for an additional $340,000 at the same interest rate.

            The contractor with the low bid, Josh Hawkins of Joshua Excavating, has contacted Robbins about the delay.  He has been turning down other jobs and wants to make sure he will be doing the Overbrook project.  Robbins has learned that the manhole subcontractor will be Meyer Specialty, which is the company that did the sewer inspections and cleaning.  Hawkins has indicated Meyer could be ready to start within 2 weeks after getting the approval. 

            Ira Allen asked Robbins to let him know when he goes to check out the situation on Kris Stangis’ property. 

           

F.A.R. PROPERTY:            Frank Rhodes presented the council with a site plan indicating some information regarding water and sewer lines.  Even though the plan shows several businesses, Rhodes said that the convenience store/gas station is the only one they’re planning to build at this time.   Sisson asked what size lift station Rhodes and Fawl think will be necessary to accommodate the business.  Rhodes said that Kramer Engineering is working on this, but has not returned phone calls.  Bruce Smith said he’s been told that Kramer is out of the office the rest of this week.  Sisson asked about the need to run a 6” water line to the property.  Smith said that he’d been told by Mike Fawl that this is an insurance requirement for a fire hydrant.  There was discussion about ways to achieve this.  Smith said that requirements for the flow rate would be the deciding factor.  Robbins said KDHE will have to sign off on this matter, also.  Smith said that 90-95% of the town is supplied by a 4” line.  There was more discussion regarding water pressure in relation to the size of the water service line.    Jason Hielscher asked who would be responsible for the cost to run waterline back to the east tower if necessary.  Smith said that normally the developer would be, but this may be different because of the way the system is built, and we may not know until a set of plans has been submitted and KDHE has signed off on the plans.  He did say that there is a fire hydrant located at the mobile home court just west of Grace Community Church.  Fawl said the plan is for 3 islands for gas and 2 islands for diesel.  Sisson asked if they have the plans for all the storage tanks.  Fawl said the company supplying the tanks have all the plans.  Robbins said that this needs to be submitted along with the material from Kramer Engineering.

            Robbins said that he’s reviewed all the documents from the city’s survey and legal descriptions from F.A.R. Properties.   He’s visited with Taylor Design Group, who did the survey for the city, and they are convinced that their findings are accurate.  This indicates that F.A.R. Properties does not include any of the road to the city lake, Lakeshore Lane.  From what Robbins has seen, there is no easement recorded that shows the city owns the road either, and the city needs to talk to Max Friesen about an easement.  Kris Stangis asked if it’s already been decided that the business will go in.   Smith said that the building permit has not been approved and the next question is how much detail is needed before it can be acted upon.  Smith said that there’s no idea of the cost involved to provide the utilities without detailed plans from the engineer.  Ira Allen said that the council needs the engineer’s plans.  Smith said that it could be 30 days before the plans are done, and asked if it’s necessary to have the plans before they go ahead with the building standpoint.    Kathy Alcorn asked if environmental impacts have been considered due to gasoline tanks and hoses being involved.  She was told that the state will have regulations for the gas pumps and storage tanks.  Alcorn mentioned an incident in Lawrence where a gas leak caused an explosion.  Rhodes said that they are installing 24/7 leak protection.   Kris Stangis asked if the city now has a planning and zoning commission intact that’s working on issuing the permits.  She asked because of answers given to her regarding the drainage problems on her property as a result of new construction.  There was discussion about ordinance requirements for new construction that do not include code regulations.   Hielscher asked if the city is at risk approving a building permit  without knowing exactly what’s being built.  Smith said the city building permit only addresses where the building is located on the property, and not necessarily the type of business.    There was discussion about issuing a building permit for the actual building without the city making any concessions regarding the utilities.  Coursen said that his understanding is that no permit would be issued until all the engineering plans have been submitted.  Stangis brought up city ordinances requiring comprehensive plans before building permits are issued.  Ira Allen said that the city attorney should be consulted before a “partial” building permit is issued.  Smith then told Rhodes and Fawl that the concensus is that plans from the engineer need to be presented before any further action is taken.   Robbins suggested having the final plans reviewed by the city attorney to be on the safe side.

 

ALLEY DRAINAGE:          Jon Wilhite was present to check on starting dates for the sewer rehab in the alley behind his Elm Street property.  The council is hopeful that the project will be started around the first of July.

 

MISC:      The matter of problems at the tree dump site by the lagoons was tabled due to Mayor Young’s absence.  Jon Brady wasn’t present so the revenues from the Overbrook Ball Association was tabled.  

 

COUNCIL MEMBER COMMENTS:      Ira Allen would like the 2007 budget to include hiring a second full-time maintenance person.   Bob Call has talked to one of the previous applicants but hasn’t received an answer at this time. 

 

MISC:       Jason Hielscher asked that the council consider a mill or so in the budget for the Overbrook Athletic Association.  Ira Allen said that was part of the reason for wanting to see the revenue figures as well as the expenses for the Ball Association.   There was discussion about time requirements for budget prep, hearings, etc. 

 

MISC:      Chief Harmison asked if the council would approve hiring Peterson’s Tree service to trim trees again this year.  It’s been running between $300 and $400 the past few years.  Bob Sisson moved to have Peterson trim trees this year.  Ira Allen seconded; motion carried 4-0.

            Harmison also said that he had talked to Bob Ellis who owns the property south of the swimming pool, and Ellis is willing to pay for half of constructing a new sidewalk on his property if the city pays for the other half.  Harmison had asked the council to consider this to keep the kids from walking in the street.  David Alcorn asked what would happen if he asked for the same thing in front of his building in the next block south of City Hall.  After discussion, the council agreed to consult with the city attorney since the sidewalks are the responsibility of the property owners.  Kathy Alcorn asked what can be done about a sidewalk that’s sticking up out of the ground due to tree roots.  She was told that the property owner would be liable for either maintaining or removing the sidewalks.

 

TREASURER’S REPORT:      Patty Hylton said that other than water/sewer running slightly over the budget, everything looks good.

 

CLERK’S REPORT:            Cheryl Brown reported that the new council chairs should be here before the next meeting.  Rich was able to get a better price than first reported, so we’re getting 8 chairs for less than 7.  She asked what should be done with the old chairs.  The council agreed to sell them for $10 each, and donate the ones that don’t sell to the library.    Brown reminded the council that they really need to hire someone to do building inspections because of recent issues.   There was discussion about qualifications of that position.

 

EXEC SESSION:       Ira Allen moved to go into an executive session for 5 minutes with Chief Harmison to discuss matters unrelated to elected personnel.  Bob Sisson seconded; meeting was recessed from 8:30 until 8:35 pm.  Smith called the meeting back into session; no action was taken as a result of the closed session.

 

 

            There being no further business before the council, Bob Sisson made a motion, seconded by Ira Allen, to adjourn.  Motion carried; meeting was adjourned at 8:37 PM.

 

 

 

 

                                                                                    Respectfully submitted,

 

 

 

                                                                                    Cheryl L. Brown

                                                                                    City Clerk

 

 

 

APPROVED: June 28, 2006