CITY OF OVERBROOK

MINUTES REGULAR COUNCIL MEETING OCTOBER 12, 2005

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

Mayor Jack Young.

OTHERS PRESENT: Mark & Gaylene Jones, Jason Hielschier, Jon Brady, Beverly Hix,

Dortha Tucker, EulaLee Fuller, Mark Tomlinson, Dorothy Chikly,

Ray De Julio & associates, Vic Robbins, Mike Dickerson, Bob Call,

Ed Harmison, Everette Dannar, Cheryl Brown.

The meeting was called to order by Mayor Young at 7:00 PM.

APPROVAL OF MINUTES/ WARRANTS: Rich Hamit asked if a thank you note had been sent to Larry and Dee Woodson for all their work on the landscaping at the pool. Cheryl Brown said she had included this in the minutes, but hadn’t sent a card since there are several groups that maintain flowers around town. Bruce Smith moved to approve the minutes as written; Rich Hamit seconded. Motion carried 5-0.

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

ATHLETIC ASSOCIATION: Jon Brady and Jason Hielschier were present to discuss the future of a recreation commission, the ball association and other groups using the city parks. Brady stated that after meeting with Rich Hamit last year, he was under the impression that a Recreation Commission had been established. Brady said that more direction is needed as to what the city wants from the athletic association. He wanted more information about the council’s decision regarding the lights at Jones Park and other matters. . Jason Hielschier introduced himself as the president of the Overbrook Athletic Association. He stated that his understanding is that they were not contacted because no one knew who they were. He said that since the city knew who Dan Brown (former president of OAA) was that there wasn’t any reason why Brown couldn’t have been asked “If you’re not the president anymore, who is?” Hielschier said that his understanding is that no one on the council knew that soccer is going on. He stated that it’s been going on for 6 weeks every Saturday with over 300 kids and parents. He’s concerned that not having the lights on at night will have an over-all effect on businesses due to having so many kids involved with baseball and soccer. Ira Allen stated that the reason why the council voted to ban using the lights at night was because no one had cleared using the lights with the council. The mayor explained that before the security lights were installed, the normal procedure was to have the electricity shut off by Labor Day each year. The way the security lights are wired makes it necessary to keep the electricity on year round. Hielschier said that he only has one coach that needs to have practice in the evenings, and it’s just one night a week.

Brady said they weren’t necessarily opposed to decisions that were made, but wants to know if the council still wants the association to be responsible for sign up, and some of the maintenance done at the park. He said he was appalled at the lack of mowing after the ball season was over. He was told that it wasn’t mowed as often because no one knew that it was still being used. Brady said he thought that keeping it mowed often would be good for appearances and also make it easier to maintain next year. Mayor Young said that it still gets mowed, but not as often after ball season is over. Hielschier said that the weeds were over 3’ tall by the dugouts, and that someone went on their lunch hour and weeded it by hand.

Brady said he thought that there had been progress on forming a recreation committee, and wants to know how to proceed, such as including the pool. Hielschier asked who exactly is the recreation committee? Mayor Young said that he would like to have a commission made up of someone from the high school, Overbrook Athletic Association, the city council and someone from the community-at-large.

There was discussion about who should have keys to the lights. Hielschier said that they want to work with the council, but there needs to be much better communication. The mayor said that he was pretty sure someone would contact the council after the decision was made to prohibit using lights for night practices. There was discussion about cleaning up after games and working in the concession stand.

Mayor Young said that his goal is to have people willing to serve on a rec commission by the first meeting in November. The mayor said that he would like to meet with Brady and Hielschier, along with Rich Hamit before the next meeting. Brady stated that having good recreation facilities helps attract people to the town. Hielschier said that there are things the city could help with, such as making copies, that would help keep their personal expenses down. He also asked if the city could help maintain the ball fields for the rest of the month. Brady said that the lock on the concession stand is broken and needs to be replaced. Bruce Smith said that the restrooms would need to be winterized soon. The last soccer games are scheduled for October 29^th. Hielschier asked who they should contact about having an ambulance present during the different activities.

The mayor thanked the men for coming, and said he would be contacting them soon.

WATER/ SEWER PROJECTS: Vic Robbins told the council that a letter had been sent to KDHE on September 19^th asking for an extension for the waterline replacement project that they had previously approved. The contractor had trouble getting the specified pipe, so we’ve asked for another 60 days. Larry Coursen asked what would happen if we don’t get the extension. Robbins said he had been verbally assured by KDHE that it would be approved, even though they were getting tired of extensions. The loan has been approved, so he can’t see why they wouldn’t approve extending the time for the project.

Robbins said that all 24 properties with sump pumps connected to the city sewer system have been re-inspected and 22 of the 24 have been corrected. The city may have to take some kind of administrative action on the remaining 2, and also the 4 sites where access for the initial inspection was denied. Robbins said that Michael Coffman, city attorney, hasn’t returned his call about the next step regarding these properties.

Cell #2 has been de-watered in preparation for desludging. Since we missed this last storm, the contractor may be back on Friday.

Robbins said that we have received approval for the sewer rehabilitation changes requested by the city. Completing the project in 2 phases to be finalized in 2007, and they have approved the amendment to the Consent Order from KDHE. Robbins is still working on prioritizing the rehabilitation plans and specs for bid-letting. He asked for direction on whether to bid the project as open trench replacement or trenchless. There was some discussion about these procedures. This is not covered by KDHE regulations. Robbins recommends investigating the ground status under the lines to determine the best method. There are 2 issues: 1. easements for the original sewer lines 2. difficulty in accessing the lines to be repaired or replaced. Robbins said that at least 9 of the 16 lines to be replaced, including structures being built over the lines. This would mean having to demolish some sheds, etc.

After discussion, it was decided that Robbins, the mayor, and some of the council members would meet Monday at 9 AM to look at these locations. Bruce Smith and Ira Allen volunteered to check into the county records regarding the easements. Robbins said that new sewer lines would have to go back in almost the same location in order to keep a straight line between the manholes.

DRAINAGE/MISC: Ray De Julio with Taylor Design Group introduced Eric Senevich and Cody Buhrmeister of Western AirMaps. De Julio had been asked to give the council some ideas regarding storm water drainage problems in town, and he told the council that Western AirMaps would like to address what they can do to help.

Buhrmeister told the council that they can map the whole city in a short time. He presented maps to demonstrate the advantages of air mapping. He told the council that the best time to do the flying is in the fall or early winter. He estimated that they would have to cover approximately 200 acres for the best results. They fly at 1200-1500 feet above ground to get the best results. There are maps available from the state, but they are mapped from 20,000 feet or higher. There was discussion about the accuracy of their maps. Rich Hamit asked what the cost would be. The price was quoted at approximately $12,500. Mayor Young said that the city would probably have to wait until the fall of 2006 and try to get some grant money to pay for this. Dorothy Chikly asked if the city would be required to provide the digital data to the county. The answer was no, but the city would need to have the right equipment to use it “in house”. The council agreed by concensus for Western AirMaps to come back at a later time for more discussion.

WEBSITE: Bob Sisson reported that the daily average hits for the city website are 17, with a high of 34. Beth Sisson said she would continue to maintain the website until January 1^st, at which time she would turn it over to the city. The mayor told the people attending the meeting that the city is looking for someone who would be interested in taking over and to let him know if they or anyone they know might be interested.

RECREATION COMMISSION: Mayor Young said he has talked to Dennis McPhail, Kip Jewell, and Tom Fenton, members of the original commission, and they no longer wish to be on the commission. He still needs to visit with Jim Gates, and Bob VonStein has already resigned since moving out of the city. The mayor has a list of people he’s planning to contact about serving. There was discussion about whether or not the members have to live within the city limits. The clerk said that a charter ordinance had to be adopted in order to appoint members within a 3-mile radius of Overbrook. The mayor said that the people he has in mind live in town, so that shouldn’t be a problem. He’ll have more information at the next meeting.

PART-TIME CLERK: Cheryl Brown asked when the deadline for applications should be. The council agreed by concensus to set October 21^st as the deadline.

GALAXY CHANNELS: The clerk is still waiting to hear from Mike DeBernadin about what channels might be available to add to the current service.

JONES’ FUND: Mayor Young has learned who to contact regarding applying for Jones’ Fund money to rebuild ball diamonds, etc. Most people have been of the opinion that the funds could only be used for new construction, but Young has learned that it can be used to upgrade existing facilities.

ANIMAL CONTROL MILEAGE: The council reviewed the mileage report furnished by the police department showing Mark Tomlinson’s mileage for the past several months. Bruce Smith asked Tomlinson if the number of miles he drives results in more animals picked up compared to animals picked up as a result of people calling him. Tomlinson said that some weeks he picks up 2 or 3 animals and other weeks maybe only 1 as a result of patrolling. The report shows that from January-September of 2004 Tomlinson logged 2,998 miles and from January – September, 2005 he logged 2,664 miles. Sisson asked if any animals picked up are the same or all different. Tomlinson said that he hasn’t picked up the same animal more than once. Sisson then said that a citation should be issued whether or not the animal is returned to the owner or taken to Carbondale. The mayor asked the following hypothetical question: What if I have a dog that never goes out of the house, but doesn’t have a city tag? Ira Allen said that the law doesn’t make allowances for animals that never go outside, they all should be licensed.

Mark Jones said that he’s been personally threatened over animals being at large when he reported them. He mentioned liability if a dog bites someone. He said that even though he doesn’t have any animals out, his yard is full of litter but when he calls animal control they are both threatened. Jones said he doesn’t want anyone arrested, but he wants them kept out of his yard. Jason Hielschier asked if animal control has a list of licensed animals to refer to when he’s patrolling so he can look up the address to see if an animal has a current license. The clerk said that she provides a list to animal control and the police department. She tries to update it at least once a month, and all the above have access to the actual license books if necessary. She also said that this year she gave the police department a list of everybody who had bought licenses for the past 5 years but had not gotten a 2005 license as of June 1^st.

Beverly Hix asked if the council is considering eliminating or reducing the patrolling? The mayor said it’s being considered. Hix then said that people will start letting their dogs run at night again. Bruce Smith said that’s why he asked how many animals Tomlinson picks up as a result of driving around rather than setting traps. Sisson then said that he’s seen dogs making messes in other people’s yards while being walked on a leash. Jones then said that he knows of a business owner who lets his dog run loose but hasn’t ever been picked up. Larry Coursen asked how many dog tags have been sold. The clerk reported she’s sold 141 dog tags and 27 cat tags as of today. Hielschier asked when the number of animals part of the ordinance is enforced---when they get licenses or later? The clerk said that she sells the licenses and assumes that violations of the number allowed is enforced later. Jones said that part of the problem is that some people feed multiple animals, but refuse to claim them. Hielschier said that the city needs someone to enforce the ordinances, other than the citizens, or get rid of the ordinances. Sisson said that we aren’t trying to get rid of the animal control officer, just cut his mileage down from 8 or 9 miles every night. Sisson also said that he didn’t think that animals should just be returned to the owners without some kind of warning or ticket.

Mark Tomlinson then stated that if he’s put “on call” and he’s not home, there’s no one to haul animals. The police department can’t haul them in their patrolcars, and he’s not going to sit at home every night just in case he’s called. Hix then said that if his job keeps being nibbled away, it might not be worth his time at all.

After discussion, the council agreed that as of today, October 12^th, that the owner of any dog or cat with a city license would be given a warning ticket for being at large if their animal is picked up, whether or not it’s returned to the owner or taken to Carbondale. The owner of any animal without a city license will be given a ticket for no license and also for being at large, if the animal is picked up. The animal will be taken to Carbondale and not returned to the owner, even if known. The mayor will talk to Dr. Tucker about requiring proof of the fine being paid before releasing the animal to the owner. There was discussion about giving an amnesty period for those people who still haven’t bought 2005 tags, maybe until the end of the year and then enforce that part of the ordinance at the start of 2006. The mayor suggested increasing the amount of a license for each animal, so that the second or third animal would cost more to license than a single animal. That issue was tabled until a later meeting. The council agreed that the patrolling should continue as usual for the time being. Hielschier mentioned that it’s difficult for some people to get their licenses between 8 and 5 weekdays. Brown said that if people provide the rabies information, she is willing to mail the licenses. Hielschier said he would like to see that posted so that everyone knows they have that option. It was suggested that it be put on the website.

PETITION: The mayor told the council that a petition against Sunday sales of cereal malt beverages and alcoholic liquor has been presented to the city clerk. There are more petitions being distributed, but all signatures have to be validated by the county clerk. The mayor said that the citizens have until February 15, 2006 to petition against the sale of alcoholic liquor on any day. The clerk has talked to the county clerk and is waiting for information about the next steps to be taken.

LAW REPORT: Assistant Chief Everette Dannar reviewed the written report. Dannar explained that the full amount for motel rooms needed for the recent seminar in Wichita will be reimbursed by the county attorney. Dannar then told the council that due to Ed Harmison being on sick leave, he wants the council to direct any concerns or questions to him rather than Harmison.

MAINTENANCE REPORT: Bob Call apologized for not mowing Jones Park on a weekly basis but didn’t know that it was still being used for any activities. It was decided to let Gloss continue mowing as he has been doing for the past several weeks. Call said that he’ll need a key to winterize the bathrooms after October 29^th. Everette Dannar said that the security lights have been off for the past several weeks. Call said he would check into it tomorrow. Call said that he would prefer the bathrooms not be left open except when the activities are going on to avoid the damage. Ira Allen said maybe some of the money in the Recreation account could be used for re-keying the locks. The mayor suggested getting locks that are alike, and being careful about issuing the keys.

Call said that Well #2 is going to be re-wired. He said that the pile where brush had been thrown in error has been burned, and he’s put up more signs.

The lake has been mowed, and they’ve been working on the fence line at the lagoons. He’s also been getting rid of some of the scrap metal at the shop. Mayor Young asked what we should do with the lockers we bought from Derby, Ks. They’re not really suitable for use at the pool without locks. Hamit said he would look at them to see if they can be fixed.

Call said they’re getting ready to paint the outside of some of the well houses.

Call told the council that he got a bid from Westar to provide electricity for the city lake. It would be approximately $6000 for 3 poles. Mark Tomlinson said he would like to present a bid before the council makes a decision. The council agreed by concensus.

Call said that the waterline replaced on Maple went well, and hopes to get the next phase started next week.

He’s supposed to meet with someone this week about surveying around the city lake.

Call is still waiting to hear about prices for the dump truck.

TREASURER’S REPORT: There was no discussion about the reports due to the absence of Patty Hylton.

MISCELLANEOUS: Mark Jones asked if the mayor has information about a refund on his water bill at the time the meter was replaced. The mayor said that he had forgotten to get the figures, but would do it soon. Hielschier asked about if his meter could be checked also because his water bills just keep getting higher. Smith said that the ordinance might require the customer to pay for special testing. The clerk said that she has the readings rechecked if they appear too high. She said that she can print out a history report for him.

There being no further business before the council, Rich Hamit moved to adjourn. Bruce Smith seconded; motion carried 4-0. (Coursen had left the meeting earlier.) Meeting adjourned at 9:37 PM.

Respectfully submitted,

Cheryl L. Brown

City Clerk

APPROVED: October 26, 2005