[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.

Continued Eskridge City Council Meeting 7-13-2026

Transcript