Debate grows lively about responsibilities of property owners
No decision reached
By SUSAN MARSHALL
News editor
Peabody City Council debated the degree to which it wished to pursue nuisance property issues Monday evening.
Health and safety officer Tammy Whiteside presented council with the thorny question of "how much is enough" when citing property owners for mowing violations.
"I need some guidance on this," said Whiteside. "The letter telling them their grass is too high doesn't mention they need to cut the grass from the curb and gutter, too.
"But the ordinance says the property owner is responsible for that. I really feel like if we expect people to do this, it needs to be part of the notification when I first contact them," she said. "I don't like to have to go back and tell them they were supposed to have done more than they did."
Whiteside also said whatever the council decided to do needed to be the same for everyone.
A wide range of opinions from Mayor Ed Slocombe and various councilmen led to a lively discussion, but no firm directive for Whiteside. No consensus was reached.
The problem of allowing grass, clippings, dirt, sand, silt, and leaves to wash into the storm drains causing costly drainage repairs brought the council to agreement on the need for uniform enforcement of the ordinance, but they also were reluctant to force property owners to be responsible for vegetation growing in the street.
Councilman Delbert Mellott asked why the city has a street sweeper if it is not going to be used to clean the streets. "I don't see the point of us having that thing if it is just going to sit there. It should be used often enough to become part of the regular maintenance on our streets," he said.
At the suggestion of Mayor Slocombe, the council tabled any further discussion until the next meeting. Public works director Darren Pickens will be asked to address the issue of the street sweeper and police chief Bruce Burke will be asked for input about citing property owners who disregard ordinance directives.
In the meantime Whiteside was instructed to ignore the curb and guttering situation.
A similar topic arose later in the meeting when councilman Mitch Cunningham opened discussion on blocked alleys. Some council members wanted the city to assume responsibility for trimming trees and shrubs to assure access by fire trucks and emergency personnel.
Benbrook reminded them that by city ordinance property owners are responsible for the care of alleys. A property owner who does not abide by the ordinance is in violation and may be ticketed.
After additional discussion the council agreed to look into a "clean-up day" just for disposal of brush, shrubbery, and tree trimmings.
Volunteer assistance and city crews and equipment might be used to haul vegetation debris to the burn pit. This topic also was tabled until the next meeting, pending some input from Pickens.
The council also was informed by Peabody Main Street director Kristen Hooper that Kansas State University had accepted the city's application to have a KSU group of instructors and graduate students compile a comprehensive plan for Peabody.
The city will save about $40,000 by using the university to produce the report instead of a consulting group.
In other business, the council:
— heard that mercury remediation at the former sewer plant has pushed the project to $120,000 over budget. A survey will be required before the former sewer plant can be formally closed. The city will use Steve Brosmer of GeoTech.
— agreed to raise the service charge on insufficient funds checks from $20 to $30. Council also raised the fee for reconnecting water service from $15 to $50.
— approved a cereal malt beverage license for Coneburg Inn. The restaurant will re-open this month. The new management has not requested a liquor license.
— approved a permit to drill a well at 601 N. Maple. The contractor is licensed with the city and the property owner has selected a spot for the well that is in compliance with city set backs.
— approved a $40 expenditure for court clerk Pam Lamborn to attend clerk school in Wichita.
— approved paying for the words "1880s Main Street" to be painted on the north facing side of the water tower with the understanding that the city will be reimbursed by Peabody economic development and Main Street as soon as possible.
— approved a form that will create guidelines for private groups wishing to use city barricades to block the streets. Pickens had requested guidelines be established after a misunderstanding about a recent event created an overtime situation for his department.
— heard the Union Pacific steam engine will return to Peabody Sept. 19. A railroad representative presented Benbrook with 200 tickets to be given to the governing body, local educators, ambulance, fire, and police personnel in the community. The tickets may be used to ride the train to Marion on the 19th.
— discussed taste and odor problems in the drinking water. Benbrook noted the city has had quite a few calls. "This is what we want," he said. "The city employees won't know there is a problem in a given neighborhood unless people tell us. Then public works can flush the lines." He said the problem should be resolved before long.
— heard that Cunningham Sandblasting and Painting has a crew in town and work has begun on the water tower. Dust from the sandblasting caused some inquiries and comments, but no one has brought in any serious complaints.
— heard the sewer replacement project between Plum and Locust has been completed.
— heard that contract work on the new city shop will come to a standstill as the budget for this year has been depleted. Work will begin again after the first of the year. Water lines are in, and phone and electrical conduit have been installed. The city also will pursue an agreement with Mid-Kansas Cooperative about the approach to the east side of the shop building and the adjoining MKC key-trol property.
