[0:03] It's recording.
[0:07] » We're back on camera. Did we turn our
[0:09] recorder back on?
[0:10] >> Yes. Yes. Yes.
[0:10] >> Great.
[0:13] Okay. So, Don, we had a couple
[0:15] questions.
[0:16] Um
[0:17] we have a house that we have
[0:21] been through the process on I think it's
[0:22] always Yeah. Um
[0:25] all the way to the point of eviction,
[0:27] but then we've gotten confused about
[0:31] how we how come we couldn't evict them
[0:33] or is there no way to like forcibly
[0:35] evict them?
[0:36] But
[0:37] >> Well, that's what I remember is the
[0:38] exact same
[0:39] >> Okay, go on. Maybe I'm off.
[0:41] >> Okay. Well, yeah, as I recall what we
[0:44] did was we we uh placarded the house
[0:48] because it was uninhabitable.
[0:49] >> Mhm. Yeah.
[0:51] >> It's just it's kind of an eviction, but
[0:53] not really evictions either.
[0:54] >> I see.
[0:55] >> Landlord in it. What we said is is that
[0:58] your house doesn't have uh
[1:00] the proper utilities, so it can't be,
[1:02] you know,
[1:03] >> [snorts]
[1:04] >> nobody can reside there because it's
[1:06] unsanitary. You know,
[1:08] roof's caving in or something like that
[1:10] is one way, but if you just don't have
[1:12] any utilities, you don't have bathroom
[1:13] facilities, but under the city code
[1:15] you're in violation and you got to leave
[1:17] the premises, so
[1:18] >> Correct. That's it.
[1:19] >> I can't recall
[1:20] >> Yeah, we have both issues on this one.
[1:23] >> Yeah, and I think that if if what I
[1:25] recall hearing was 2 years ago that this
[1:27] was all done.
[1:28] >> I think so, yeah.
[1:29] >> How long?
[1:30] >> 24
[1:30] >> Yeah.
[1:33] >> So, like 4
[1:34] >> 24
[1:36] >> Okay, yeah. I think there was probably
[1:38] just a time frame here. You you can't If
[1:42] it was 3 months, maybe, but 2 years, you
[1:45] probably need to you need to initiate
[1:46] the process again. If somebody's living
[1:49] at a at a location [clears throat]
[1:51] without the sanitary facilities, then
[1:54] the code has the same It's got kind of a
[1:55] notice provision, and then you placard
[1:58] the house and they're supposed to leave.
[2:00] And the the issue becomes whether or not
[2:03] the county will assist you in removing
[2:05] people who have refused to be removed.
[2:07] >> Okay, that's that's what I remember.
[2:09] Uh it sounds like then it wouldn't
[2:10] matter if we did a payment plan with
[2:12] them cuz it's not going to affect any
[2:14] kind of placarding cuz it's we'd have to
[2:16] do it again anyway from the sound of it.
[2:19] Yeah.
[2:19] >> Okay.
[2:19] >> Yeah, and I don't understand the
[2:22] if you turn back on their utilities,
[2:24] obviously you couldn't
[2:25] placard them for that reason.
[2:27] >> No.
[2:27] >> because they have water at that point
[2:29] and they're
[2:30] uh in compliance, so.
[2:33] Um
[2:33] >> [clears throat]
[2:33] >> So the question goes down to whether you
[2:36] want to make them pay the entire balance
[2:37] before we turn it back on or you guys
[2:40] are willing to do a payment plan for
[2:41] them cuz that's what they're requesting
[2:43] at this point.
[2:44] Or
[2:44] >> Yeah, well I think that it's well I
[2:46] think that it is probably not in good
[2:49] faith
[2:50] to um you know, make a deal with them
[2:54] and placard them because they have
[2:56] taking advantage of that.
[2:58] >> No, and that's that's not what I'm
[2:59] saying to do. I'm I'm saying those I'm
[3:02] trying to have us pick a lane I guess is
[3:05] what I'm saying.
[3:05] >> Yeah, and I I think it's perfectly fair
[3:07] to say until you pay, you know, whatever
[3:10] that you can't reside there and once you
[3:12] pay up,
[3:13] >> [clears throat]
[3:13] >> uh you know, you can ask then it will
[3:14] take a couple months
[3:16] and you can live there
[3:18] with water.
[3:20] But
[3:21] you got to do some good will first. I
[3:23] don't know. Does that do you guys?
[3:28] » Well,
[3:30] I was looking at that right
[3:31] >> Yeah.
[3:32] >> If I was looking at that right, that so
[3:33] they paid the $1,200 in November.
[3:38] Correct?
[3:39] Uh
[3:40] in October. For October?
[3:43] Then they have not made any payment
[3:44] since then?
[3:46] >> No.
[3:48] And they've been living there after they
[3:50] were told that they
[3:51] >> All right, I'm going to find would have
[3:52] when they
[3:53] if they would continue to pay at least
[3:55] 20 bucks.
[3:56] >> 20 bucks.
[3:58] >> That's the thing is is at this point I'm
[4:01] just blacklisting them again
[4:03] until they get it paid.
[4:06] I I just don't trust that they're going
[4:07] to
[4:09] not break an agreement that they've
[4:11] already broken multiple times.
[4:13] >> So, we remember the clause was in there.
[4:14] >> Even if they came in with 10 bucks, this
[4:16] is what I have this month.
[4:17] >> Make yeah, make payment.
[4:19] >> But there's been no
[4:21] nothing.
[4:21] >> It's been over 6 months since Oh, seven or eight months.
[4:30] » So, you guys are wanting to
[4:34] You're saying a rate
[4:36] to evict them again. Well,
[4:39] >> Okay.
[4:40] >> This is what happened the last time I
[4:42] did that.
[4:44] The sheriff came in and said
[4:46] some rule under the Kansas law he cannot
[4:51] force them to leave.
[4:55] So,
[4:55] >> Yeah,
[4:56] well, I think he
[4:59] Yeah, well, we have a different opinion.
[5:01] I understand.
[5:02] >> Uh yes, that's where I'm confused about.
[5:06] >> Well, we're going to get a warrant from
[5:07] the court to have them removed.
[5:09] >> Exactly.
[5:09] >> And then he's just it's just going to be
[5:12] that you know, it's going to be one time
[5:13] he's probably going there and take them
[5:15] out, but
[5:16] they can get right back in.
[5:18] But if they're letting that, then you
[5:20] know,
[5:22] they're they're burning their chance
[5:23] with you guys, so
[5:25] I guess if they want to live there ever again,
[5:29] they'll pay, but I don't know. I I don't
[5:32] have a very good answer if they're just
[5:34] going to frankly completely violate it
[5:36] and we don't have police officers who
[5:38] will
[5:39] remove them.
[5:40] >> I think call the sheriff again and ask
[5:42] him
[5:43] and have it be on record if he doesn't
[5:45] want to help us evict somebody from
[5:47] living
[5:48] in a house that doesn't have utilities
[5:51] in the county that he's over.
[5:54] >> Well, if you go to the county and get
[5:55] the judge to issue a warrant, then he
[5:57] has to
[5:58] >> Don Don Rush, I have a question.
[6:01] Uh it's been brought to our attention
[6:02] that the utilities are in
[6:06] uh
[6:07] >> her
[6:08] >> Sandy's name and the property now is in
[6:12] uh his name, whatever his name is.
[6:14] And
[6:15] uh they want [clears throat] to switch
[6:16] it over to his name.
[6:18] Uh if we do that, does that release her
[6:21] of the liability of that or where where does that
[6:24] >> No.
[6:24] >> that work?
[6:25] >> Not that I not that I know of, no.
[6:27] Uh unless you say that it's released, so
[6:30] no.
[6:32] >> So, if we did switch it to his
[6:33] >> thing to understand, but if yeah, if you switch it to his name and you
[6:38] turn it on and you let him go, you can't
[6:40] bring up her
[6:42] you know, past breach on that to shut
[6:44] him off for to do anything.
[6:46] >> Right. Right. We just start all over
[6:48] like
[6:48] >> you obligate yourself to money. Yeah.
[6:50] [clears throat]
[6:51] >> We start all over like a new service at
[6:53] that point. We're binding us ourselves.
[6:56] >> Yeah.
[6:58] >> Okay. Thank you.
[7:00] >> So, Todd, what Basically, what we should
[7:02] have him do is pay that bill off
[7:06] and then let him start the service.
[7:08] >> Yeah, he can start service in his name.
[7:09] Yeah.
[7:10] >> That'd be the
[7:11] >> Yeah, but paying off the bill is always
[7:13] an option, so you guys can do what you
[7:15] need to do on that.
[7:25] Okay. Any other questions or did he drop
[7:27] off there?
[7:28] >> Uh
[7:29] Was there a question on the patio, the
[7:31] concrete patio?
[7:33] For the dog
[7:34] >> grandfathered uh
[7:35] that that patio dock that was from the
[7:37] 1940s
[7:38] or the patio dock. That patio, what we
[7:41] think is a patio, um we'll have to go
[7:43] out there and look at it, but uh it's
[7:45] been there since 1940.
[7:47] >> Uh we shouldn't say that until we are I
[7:50] You've been told that. So, that doesn't
[7:53] mean that that's accurate. We've been
[7:54] told a lot of things that are
[7:56] >> Well, we need to go out and take a look
[7:57] at it, so.
[7:59] >> It's old.
[8:00] >> Okay.
[8:00] >> The The question is, Todd, is are docks
[8:03] the only thing that are grandfathered in
[8:05] at the lake?
[8:07] >> Mhm.
[8:09] Well, let me ask you this. Is it a a
[8:10] structure? I mean, it's on city
[8:13] property?
[8:13] >> It's a concrete patio that probably
[8:16] looks at least 10 by 10 if not bigger,
[8:19] and it's 75% on ours and 25% on theirs.
[8:26] » Okay, and we don't I don't
[8:29] >> [clears throat]
[8:29] >> know it's
[8:30] a certain age.
[8:31] Well, I think arguably, I mean, the the
[8:34] grandfather clause in in some respects
[8:38] is I think an accommodation to them
[8:41] because it remains the city's property.
[8:43] So, um and and we get we get to
[8:46] designate that as a nuisance issue and direct it to be removed on the
[8:50] city's property if we wanted to.
[8:53] Just because [clears throat] we can, cuz
[8:55] it's our property.
[8:56] Now,
[8:57] if you if
[9:00] but but it it may be the case that if it
[9:03] stays on there and we don't want to
[9:05] remove it, that we'd have to accept it
[9:07] in the condition it's in.
[9:08] Like and it would be like any other
[9:11] non-conforming use. They can't change
[9:13] it, they can't
[9:14] they replace it, they can't, you know,
[9:17] whatever, build some new deck on it or
[9:19] something. It's just going to stay the
[9:21] way it is.
[9:22] So, [clears throat]
[9:24] um I don't know if that answers the
[9:25] question, but um you know, I I would
[9:29] the the dock situation for grandfather's
[9:32] clause is basically an accommodation for
[9:36] um you know,
[9:38] folks who built the docks and did things
[9:41] and we could do the different things one
[9:43] and two, but that's it's just a policy.
[9:46] Does that make sense?
[9:49] Yeah, it does.
[9:51] >> Okay. Now, we'll leave table to the next
[9:52] meeting, so why don't we think on what
[9:54] he said and we'll talk about it again.
[9:56] Well, let's go back to Sandy Darvo and Trout and Chatra and
[10:02] if we're going to make a decision, that
[10:03] is. We don't have to.
[10:04] >> we should make a decision tonight.
[10:07] I don't know what the rest of you feel,
[10:08] but I'm not into giving them a payment
[10:11] plan and or allowing them to stay there
[10:14] without utilities.
[10:16] >> Well, we've already notified them that
[10:18] they can't stay there without utilities.
[10:19] If we want to go forward, then we have
[10:21] to go through the courts
[10:23] to work on the eviction process.
[10:25] And I think that's what we should do.
[10:27] >> It sounds like we need to re-placard
[10:28] because it's been 2 years since we did
[10:29] all that.
[10:30] >> I just did it.
[10:31] >> Yeah.
[10:31] >> It's No, it's been sooner than that,
[10:33] guys.
[10:34] >> I don't feel like that.
[10:36] >> Because
[10:36] >> It was around this time.
[10:37] >> maybe they've been placarded twice.
[10:41] I [clears throat] placarded
[10:42] >> they've been off for 3 years, I thought.
[10:45] Yeah, it was closed for 3.
[10:47] But I thought we just now placarded them
[10:49] like in the last 8 months, something
[10:51] like that.
[10:51] >> I placarded in October.
[10:58] Sage, did you hear that, Todd?
[11:00] >> Yeah, [clears throat] I mean, I
[11:02] Whatever the case may be, I'd say if
[11:04] they've moved out and they moved back.
[11:06] >> They never moved back.
[11:08] >> [snorts]
[11:09] >> They never left?
[11:10] >> No.
[11:10] >> Okay. Well, we're just chasing our tails
[11:13] then. I mean, guys, like if they're not in compliance, I I guess
[11:19] the discussion is
[11:21] What's the question? Are you saying do
[11:23] we reinstate them and let them pay for
[11:25] water over time?
[11:26] >> No, do we have to re-placard them again
[11:29] or
[11:31] and if so, then we go through the courts
[11:33] to have them removed.
[11:34] >> [clears throat]
[11:34] >> Yeah.
[11:35] >> Okay.
[11:35] >> Yeah, well,
[11:37] yeah, it's not going to like I said,
[11:38] like last time, it's not going to be
[11:40] easy because
[11:41] again, you're going to placard them and then
[11:45] you're going to have to go through
[11:46] rigmarole with the court to get anything
[11:48] done.
[11:49] And so
[11:50] >> Well, it hasn't been easy for three
[11:52] years the way we've done it.
[11:55] Sorry to cut you off.
[11:57] >> Yeah.
[11:58] No.
[11:58] Go ahead.
[12:02] » I The process can't take three years
[12:04] that it's taken thus far doing it the
[12:06] way that we've done it with multiple
[12:08] times of giving them payment plans that
[12:11] have been forfeited.
[12:14] >> Yep.
[12:15] >> I mean, we can't keep hitting
[12:17] banging our head against the same fence
[12:20] posts and expecting a different result.
[12:23] >> I don't think we should turn them back
[12:24] on.
[12:25] If they want to start a payment plan on
[12:27] their own and start making payments,
[12:29] that's all well and good.
[12:30] >> And get paid off, is that what you're
[12:31] saying?
[12:31] >> Yeah. But in the meantime, they exposed
[12:34] They're not supposed to be there at all
[12:35] anyway.
[12:38] » Do we need letters or we can go straight
[12:39] to the placard in this case?
[12:43] >> Um I think I'll I'll need to take a look
[12:44] at the code, but I think you can use
[12:45] placard them if you have
[12:47] verifiable information that they don't
[12:49] have water. I mean, you you know if you
[12:51] don't have water, so but the code would
[12:54] say hey, you placard it and I think
[12:55] we've got obviously on these we done it
[12:57] before, so you've got the forms, so
[13:00] I feel good about just giving them that
[13:02] note. Just giving placarding it and
[13:04] calling it that.
[13:05] >> Okay.
[13:07] >> And telling them that they need to get
[13:08] if they're going to get paid up and
[13:10] maybe we'll
[13:11] not
[13:12] but they got [clears throat] to pay
[13:13] first.
[13:15] >> But and otherwise, we go forward on the
[13:18] other prong, talk to the county
[13:20] attorney,
[13:21] etc., etc.
[13:24] >> Yeah. If that's what you guys want to
[13:25] do, we'll do it.
[13:27] >> And we will not let them transfer until
[13:30] this is paid off.
[13:31] >> Right.
[13:32] >> Transfer names.
[13:33] >> If you don't turn it back on, you don't
[13:35] need to.
[13:35] >> Right.
[13:42] » [cough]
[13:43] >> Excuse me.
[13:45] >> And you know, that's kind of that's what's fair for the citizens.
[13:50] >> Do we need a motion to this effect?
[13:52] >> No.
[13:53] That's
[13:54] uh that's in Sally's bailiwick as far as
[13:56] I can tell, unless you're talking about
[14:00] You're not going to do anything with the
[14:01] bills or anything.
[14:03] Um
[14:04] that's
[14:05] all you need.
[14:06] >> Okay.
[14:08] >> [clears throat]
[14:11] » All right, I think that's good. Okay,
[14:12] Brett, move to adjourn. Do I have a
[14:14] second? Jason.
[14:16] You guys are killing me right now. All
[14:17] in favor.
[14:18] >> [clears throat]
[14:19] >> All right, thanks, Todd.
[14:19] >> Goodnight, everybody. Goodnight.
[14:26] » Uh motion passed.
[14:44] Shout out to
[14:45] >> [laughter]
[14:46] >> I know you can't.
[14:48] I can't behave.
[14:52] Can we do chairs?
[14:53] >> [laughter]
[14:54] >> All right, you know, let's go to state
[14:55] surplus.
[14:56] >> I'm a mess, Todd.
[14:57] >> I'm going to order in. I got I got two
[14:59] in my office.
[15:00] I don't think I'm working this Friday.
[15:02] >> I need the vented, like the air flow.
[15:04] It's so hot.
[15:06] >> You guys think you guys have all the
[15:07] money to get all the new nice stuff.
[15:10] >> Go get me some costs.
[15:12] >> Get the X chair and this has got the fan
[15:14] built in.