CITY OF OVERBROOK

 

 

MINUTES                       REGULAR MEETING                                           OCTOBER 11, 2006

 

 

MEMBERS PRESENT:                 Ira Allen, Rich Hamit, Bruce Smith, Bob Sisson, Larry Coursen,

                                                Mayor Jack Young.

 

 

OTHERS PRESENT:                    Rex Atchison, Don Schultz, Mike & Roxane Fawl, Ben Kramer,

                                                Jimmy Waller, Michael Coffman, Charlie & Brooke Davis, Jon Brady,

                                                Vic Robbins, Bob Call, Jim Koger, Patty Hylton, Cheryl Brown.

 

 

            The meeting was called to order by Mayor Young at 7:00 PM.  Roll called determined the presence of a quorum.

 

 

MINUTES / WARRANTS:            Larry Coursen moved to approve the minutes of the September 27, 2006 meeting as written.  Ira Allen seconded; motion carried.   

            Larry Coursen made a motion, seconded by Bruce Smith, to pay all warrants presented.  Motion carried 5-0.

 

DOG COMPLAINT:         Rex Atchison, 407 Cedar, was present to discuss problems with a neighbor’s barking dogs.  Mayor Young explained that tickets have been issued to the dog’s owner, but they won’t be processed until the November municipal court date.  Larry Coursen said that it could take another two months if the dog’s owner requests a trial.  Atchison told the council that another neighbor has added a note to the complaint regarding the barking.  The mayor said that the city doesn’t have the authority to seize the dogs without the court ordering such action.  The next court date is November 14th. 

 

OSAGE COUNTY ECONOMIC DEVELOPMENT:                 Don Schultz came before the council to ask if the city would be willing to sponsor a luncheon that the OCED will be hosting in November.  The cost would be approximately $6/person for between 20-30 people.  Bruce Smith moved to sponsor the luncheon up to $300.  Ira Allen seconded; motion carried 5-0.

 

F.A.R. PROPERTIES:      Ben Kramer, Kramer Engineering, came before the council to present the plans his firm has developed for Mike Fawl, F.A.R. Properties.  These plans are available for public inspection at City Hall during regular hours. The plans are to use a pressurized system with a force main and individual grinder pumps.  At this time, the developer is only putting in one building, a BP gas station with some kind of sandwich shop.  Connecting to the city’s sewer service will require getting an easement from the Overbrook Fair Association.  Kramer recommends that the property owner be responsible for the installation and maintenance of the grinder pump, but that the city take over the ownership of the force main, once it’s been accepted.  Up to four services can be connected to one grinder pump in the future.  Kramer said that they can look at installing a different sized line to allow for more development.  Fawl indicated that the fairboard seems to be willing to grant an easement.   After discussion of the plans, Bruce Smith made a motion, seconded by Larry Coursen, to accept the sewer plans as presented, with the prospect of changing the 1 ½” line to a 2” line with the city paying the difference of the cost—provided that the system will work effectively with a 2” line.  Motion carried 5-0. Kramer said that they will write the easements, and then the city attorney can proceed from that point.

The council agreed to that.    Mayor Young then asked Kramer if his firm has a survey of the whole area that makes up the city lake and Jones Park.  The mayor asked if Kramer would consider marking whatever area they have had surveyed.  Kramer said he would do it.

            Kramer then presented the plans for the water supply for discussion and review.   The connection to the city’s system will also require an easement from the Fairboard.   After more discussion, Ira Allen moved to accept these plans.  Rich Hamit seconded the motion, it carried 5-0.

            Bob Call was told that he can now approve the original building permit application, providing that the specs in the approved  plans match what was stated on the application.   Vic Robbins told the council that all of these plans must now be submitted to KDHE for their approval.  Kramer said they would be applying for both a sewer and water extension permit.

            Kramer asked how the city wanted to handle any inspections required by KDHE.  Robbins said that they will require constant inspection and that it can be handled however the developer and the city wants to do it.  Kramer said they provide inspection on all their projects.  Fawl asked who is responsible for the cost of installing a fire hydrant.  Bob Sisson and Mayor Young stated that in the past, the developer has paid for this. 

            Roxane Fawl suggested that all the requirements that they’ve been asked to provide be included in the city’s building permit application process.  The mayor said that the Planning Commission has been working on changes, and this will probably be included.

 

WATER / SEWER REPORT:         Vic Robbins gave the city an update on the sewer rehabilitation project.  Joshua Excavating is wanting to get all the pipe layed by the first part of November, but Robbins is concerned about how well they’re doing the clean-up.  The contract states that the contractor should only be paid 90% of their fee until all the project is completed and approved.  The previous payments have been for 100% of the requested amount, so 10% of these payments may have to be withheld from a future payment request. 

            Jon Brady had concerns about having the ditches on and near his property restored.  Robbins said that the contractor should be taking care of this.  Brady then asked about how to handle upgrading the fence that was removed for the project.  He knows that the contractor is responsible to put the existing fence, but he and Lee Flowers would like to put up a better fence.  They are willing to pay for the material, but wonder if the contractor would install the new material rather than the old fence.  Rich Hamit said that this matter should be between the property owners and the contractor.  The council agreed by concensus.  Ira Allen said that the contract was written so that the contractor was obligated to replace what was removed, or something of equal value, and he thinks that there are too many exceptions being added. 

            Robbins said that the contractor has hired Killough to repave the area on West Santa Fe Trail and it should be done tomorrow.   The manhole will be fixed before any paving is done.  Robbins said that all the paving can’t be done at this time, but hopefully most of it will be done.  Robbins said that part of the alley behind Kansas State Bank was accidentally paved, and will have to be redone after the sewer line is replaced.  The council agreed by concensus to repave the alley when everything is done.

            Robbins said that about 2/3 of the sewer line has been replaced, but very few manholes have been done. 

 

SCHOOL PARKING LOT DRAINAGE:         Vic Robbins stated that at the west edge of the school’s parking lot, Mr. Stout has built a berm that stops the water from running directly onto his lawn, and it turns most of it north into the street.  When the city rebuilt it, we regraded the school’s parking lot some with gravel and got a little more to go south, but there’s still a substantial portion of the parking that drains right into the street.  Robbins said that the water shoots north out of the parking lot into the street. Part of what happens then is natural and part is man-made as there’s a berm along the south side of the street that keeps the water on the street, causing it to run down into Bob Gloss’s yard.   Robbins then said that two solutions have been discussed in the past.  The first is to build a little “speedbump” on a diagonal across the street to send the water into the north ditch.  The second idea, which is what Robbins would recommend,  is to construct a ditch along the south side of the street and take the water along the south side of the street into the culvert that has just been installed.   Mayor Young explained that he’d received a phone call from the Stout’s and they were upset because the berm was changed without their knowledge and consent.  Bruce Smith said that the whole drainage pattern was changed due to the school building across Elm Street, where the water used to drain.  Bob Call has made a little terrace on Gloss’s property to direct the water away from the house, but the sewer rehab has changed it again.  Smith suggested re-grading between Gloss’s and Simpson’s houses.  Robbins said that the water would still have to diverted somehow to drain between those houses.  Mayor Young said that he and Bob Call need to look at this tomorrow before installing the “speedbump” and consider a ditch later.

           

BOUNDARY SURVEY:       As Kramer Engineering has been asked to mark the pins from previous surveys, the clerk will write a letter to Taylor Design Group informing them that the city won’t need them at this time.

 

DRAINAGE ON ASH STREET:        The mayor presented the letter drafted by Michael Coffman that would give the city the authority to address the drainage problems in the 100 block of Ash Street as presented by Kris Stangis at previous council meetings.  Coffman, the city attorney, has reservations about the city doing this, but has prepared a letter for the property owners to sign which will establish what is to be done, and who will be responsible for maintaining the drainage area.    Bruce Smith volunteered to distribute the letters.  Ira Allen moved to have the letters signed as written.  Bruce Smith seconded; motion carried 5-0.

 

MAINTENANCE REPORT:            Bob Call gave his report to the council.   Call asked how the council wanted him to confirm the presence of a 4” water line to connect to the Fawl property.  Smith said he probably needed to do some digging.

            Call said part of the pool has been winterized, he’s replacing some culverts as the sewer project is being done, and Call asked if we are going to do any street sealing or paving this year.  The clerk said there is approximately $18,000 in the fund, but she’s not sure how much budget authority is left. 

            Two new fire hydrants have been installed, and Call is planning to replace one more soon.  The dump truck has had some repairs, and the backhoe and the 2002 city truck have both had 2 new tires put on.  Call also asked to buy some tools to keep in the other city truck.  Ira Allen moved to authorize the purchase of up to $400 worth of tools.  Larry Coursen seconded; motion carried 5-0.

            Call said that he and Jim Koger are starting to getting the meter pits winterized.  Ira Allen asked if Call has had a chance to check the chlorine levels at the medical clinic.  Call said he went down one day, and since the water was good that day, no test was done.

            Allen commended Call and Koger for getting the water break fixed quickly last weekend.

 

TREASURER’S REPORT:                        Patty Hylton was present to review the city’s financial reports.     Hylton said that she has prepared a wastewater project report to show whether or not the funds are coming from the grant or from the KDHE loan.  She also has put together another request for reimbursement for approximately $101,000 that has been submitted for approval.  Donna Crawford has told us that we have about $78,000 left in the grant. 

            Hylton said that there’s only about $9200 left in the Special Hwy and Street Maintenance budget, so the budget would have to be amended to spend any cash in excess of that amount, regardless of how much money is in the fund.  Some of the culverts being replaced can be funded with loan money if they’re being replaced due to the sewer project. 

           

CLERK’S REPORT:         Cheryl Brown asked permission for the Overbrook Bible Church to borrow the city’s folding chairs for a 40-year anniversary event on October 29th.  The council agreed by concensus.

            Dave Watkins sent a thank-you for the city’s sponsoring their fall activity calendar.

            Someone from Data Technologies will be here on October 17th to do a software conversion, and Brown will be out of the office from the 18th through the 20th. 

            Brown told the council that the city has received $2,091.56 from Osage County, and it must be spent on Parks/Recreation, with a report about how it was spent.  The council will consider how to spend this money, and is grateful for it.

            The clerk has received a letter from Jim Long, formerly of Bogner & Long, explaining that he has left that firm, and started his own accounting business.  The company, known as Long CPA, has submitted a request to do the city’s 2006 audit at the same price as the prior year’s audit fee -- $4400.

Bruce Smith made a motion, seconded by Rich Hamit, to approve the request from Long CPA.  Motion carried 5-0.

            Brown also mentioned the notice from Roger Harmon saying the city has been denied a grant for finishing the Trail’s project this year.

            Brown also brought up some matters concerning how city hall and/or Jim Koger are notified when animals are picked up after regular hours.  Jim Koger said he wasn’t sure if he had the authority to set how late he can be called on animal control matters.  The mayor said that Koger should be able to say how late he wants phone calls, especially if the police department can handle a dog at large.

The matter of how long traps are left at one location.  Brown said that she knows of one business that would like to have the trap there every night.   Mayor Young asked for an executive session at this time.  Rich Hamit moved to go into executive session for 5 minutes to discuss matters not related to elected personnel.  Bruce Smith seconded, meeting was recessed at 9:05 PM.  The mayor called the meeting back to order at 9:10 PM.  No action resulted from the closed session. 

 

COUNCILMEMBER COMMENTS: Rich Hamit said he’s going to be doing some checking on noise ordinances as a result of a recent “concert” in his neighborhood.

 

 

            There being no further business before the council, Ira Allen moved to adjourn.  Larry Coursen seconded; meeting was adjourned at 9:14 PM.

 

 

 

 

                                                                                    Respectfully submitted,

 

 

 

                                                                                    Cheryl Brown, City Clerk

 

 

 

APPROVED:October 25, 2006