The city of Emporia will be suing the owners of Heartland Mobile Home Park to get the site cleaned up.
City commissioners authorized the lawsuit Wednesday night. City Attorney Blaise Plummer said a June 8 inspection of the mobile home park at Ninth Avenue and Graham Street found discarded appliances, fire-damaged mobile homes, weeds, pooling of water, and other conditions that were either unsightly or unsafe.
Plummer also said the owner, Georgia-based GMC Properties, is not licensed to do business in Kansas.
“This is not intended as an issue with the residents of the mobile home park,” City Manager Matt Zimmerman said. “This is with the owner. This is intended to protect the residents, not harass the residents.”
By filing a nuisance action, the city can take the owner to court and require that the property be cleaned up. If that fails to happen, the court can authorize the city to clean it up and bill the owner.
“I took the opportunity to drive through there,” City Commissioner Jeff Longbine said. “It needs (a cleanup), badly.”
Trash talk
Trash fees may be going up next year.
In budget discussions Wednesday night, Zimmerman said that a 25 percent fee increase could be needed to cover expenses and rebuild a reserve in the solid waste fund. If passed, the increase would come to about $30 a year for a typical single-family home.
The other alternative would be to significantly cut expenses, ZImmerman said. But that’s not easy, he said, because trash collection is very capital-intensive.
“Solid waste tends to need big, expensive items,” he said.
Reserves in the solid waste fund have been dwindling. In 2006, the fund ended the year with about $500,000 in cash. That’s projected to fall to about $287,000 by the end of this year. Based on the first draft of the 2008 budget, if fees and expenses stay unchanged, that would become a $232,000 deficit. By comparison, the city’s last trash truck cost about $192,000.
The last rate increase came in early 2006. Among other changes, polycarts for home trash collection went up from $8.60 a month to $10.50 a month.
Zimmerman stressed that nothing has been decided yet, on the budget or the fees. If the commission pursues an increase, it would probably take effect Jan. 1.
Hot water
City commissioners approved a $212,405 bid to replace the heating and cooling system for the pool at the Lee Beran Recreation Center. The city will pay $42,481 of the cost with the rest coming from the Emporia Recreation Commission.
Proposals for repairing or replacing the system were first drawn up in mid-2006. Most of the pool’s users are older and prefer temperatures in the high 80s, which has put a strain on the existing system.
The bid came from McElroy’s of Topeka. The work is expected to take 170 days.
“It’ll be nice to move forward on this,” Mayor Julie Johnson said.
Boy, oh Bowyer
The commission declared July 7, 2007 as “Clint Bowyer Day” in what was called “Proclamation 070707” — the number of Bowyer’s car.
The Emporia native is in his second season with Richard Childress Racing on the NASCAR Nextel Cup Series. Bowyer was not present for the proclamation but his parents, Chris and Jana Bowyer, were.
“It’s great to see the support of the community,” Chris Bowyer said. “Some people have never given a hoot about racing, but they support him.”
The proclamation was originally suggested by former City Commissioner Ray Toso, who went off the board in April.
“It’s important for the city to acknowledge the people that make Emporia famous, and Clint certainly has done that,” Commissioner Kevin Nelson said.
In an age of problem athletes, Commissioner Jeff Longbine said, “Clint’s as stand-up as they come.”
Retail policy delayed again
Commissioners postponed a discussion of the city’s Tax Increment Financing/Transportation Development District policy so that they could review some adjustments by Commissioner Bobbie Agler.
The policy clarifies when and how the city will offer incentives for retail development. Agler’s changes delete mention of a TIF/TDD committee — which would include the city manager, other city staff, chamber representatives, the city’s financial advisor and the bond counsel — and underlines the role of the Regional Development Association of East-Central Kansas, which has been designated the lead agency for retail development.
Agler said that, as a procedural matter, the RDA has typically used all those people anyway, making a separate committee unnecessary.
“A lot of (RDA’s) success had been the one-stop shop kind of thing,” he said. “Whether developers come locally or from Timbuktu, they have one place to go.”
The policy will be discussed and voted on June 27.
In other action:
• The commission approved a property tax break for EVCO related to a nearly $6 million expansion in 2005-2006. The break gives a 10-year exemption on the $5.7 million of real property and a five-year exemption on the $216,172 in equipment.
• After a closed session, the commission authorized an escrow agreement with Renewable Energy Group, deeding them the land for the new biodiesel plant. Commissioners also approved a revised agreement with Kansas Gas on the REG project.
• Commissioners authorized general obligation bonds to finance street and sewer improvements in the Greenwood Addition, in eastern Emporia. The resolution estimates the combined cost of the projects at $333,300 to be repaid by special assessment.
• Commissioners accepted a petition for sewer improvements and an agreement for water line improvements in the Cedar Bend Second Addition. Water is paid for by the developer, while the sewer system will be paid by special assessment. The city pays for fire hydrants.
• The commission corrected an error in an agreement on the Union Street brick resurfacing. The typo will not cost the city any additional money.
• In a late study session, the city briefly reviewed draft budgets for the industrial sales tax fund, the water fund, the sewer fund, the RDA, Emporia Enterprises and Emporia Main Street.
daveedailey (anonymous) says...
Here we go again with another big tax break for a company!!!!!!!!! We need to really consider getting Longbine and Agler out of here! Shop Emporia, yet they hire out of towners for heating and cooling problems when we have people here in Emporia that can do the same work!!!! Talk about forked tongue and talking out of both sides of their mouths I introduce you all to the local crooks and liars of our fine town!!!! I wonder just how much money they are lining their pockets with????
June 21, 2007 at 9:23 a.m. ( permalink | suggest removal )
daveedailey (anonymous) says...
Sorry, but did anyone else notice how this information was hid in the article?
June 21, 2007 at 10:07 a.m. ( permalink | suggest removal )
dayjob55 (anonymous) says...
I just loved the way the tax breaks were hidden so deep in the article that no one would see it. If any company doesn't deserve a tax break it's EVCO. If they've made enough money to even consider a new building then they don't need the tax break - maybe if they were paying the same taxes that the rest of us having to pay it might help lower some of our taxes - or at least spread it out a little bit. And as far as "Shop Emporia" give out of towners the bid? Who are we kidding here. I'd like to see all of the bids submitted. Is there a reason that it couldn't be written into the bidding process that all local companies have the right to match the out of town bids & local companies would then have first crack at local jobs? But would that mean that our commissioners would really be supporting Emporia then? If so, that would be a first. If you want to give tax breaks to people why not give some relief to those that are already in business and are fighting to survive - not those who make so much that they can afford fancy new buildings with 10 year tax breaks. Shop Emporia but send all the bids out of town.
June 21, 2007 at 10:18 a.m. ( permalink | suggest removal )
daveedailey (anonymous) says...
Dayjob, I am in total agreement with you. I think that Longbine and Agler think we are all deaf and dumb. I am glad that others are figuring out what is going on in this county. I hope more people will stand up and be heard. Again, I hope the gazette will take the incentive to publish all that is being said. The people who need to see and hear what is going on are not or they just choose to close their eyes and do what they want for their own self being. (and they call this area part of the bible belt! HaHa)
June 21, 2007 at 10:26 a.m. ( permalink | suggest removal )
daveedailey (anonymous) says...
Snake, I do like to give the gazette a chance, but sometimes they do revert back to their old ways of WAW. He only wanted this to be a college town and did not like the idea of lunch buckets on the main streets. I was hoping that they will get better in time and have the nerve to stand up and be honest about how this town is being run and not hide the truths.
June 21, 2007 at 11:42 a.m. ( permalink | suggest removal )
MelissaE (anonymous) says...
Uh, don't blame the Gazette. The city commission is full of Republicans....so I'm pretty sure the Gazette wasn't trying to hide anything. They probably recorded the meeting in order & that's how it went to print.
Oh and Snake: Your precious Tyson is full of Republicans, too. Don't believe me? Check this link out:
http://www.accesskansas.org/ethics/CF...
If I remember correctly, Tyson, Bobbie Agler and Jeff Longbine all provided contributions to the Barnett for Governor Campaign........
So Snake, your political party seems to love Tyson. How about them apples?
LMAOOOOOOOOOOOOOOOO
M
June 21, 2007 at 12:40 p.m. ( permalink | suggest removal )
daveedailey (anonymous) says...
Melissa, we just find it odd as to how this just happen to come up in the middle of the article. It does make it look like there are things to hide. I personally have no use for Longbine or Agler and am finding out more about them all the time. Thank you for the information you gave. I did not vote for Barnett because he is another one who has divided interests. He looks out for himself over his patients. He is not for the little person either. I do not know why the gazette will not publish all the comments that are written, and answers to a lot of the questions that are being brought up. It seems they (gazette) are about the only ones who can come close to the so called officials of this city for answers. Maye they might not lie (Longbine/Agler) quite as much when confronted with what we want answers to. Maybe they are also giving the gazette tax breaks to keep the truth hidden as much as possible. GOTTA LOVE THOSE PEOPLE
June 21, 2007 at 1:07 p.m. ( permalink | suggest removal )
bdprotheroe (anonymous) says...
Perhaps it's time to read "What's the Matter with Kansas?" by Thomas Frank. I recall a few years ago, when the book was published, there was a large backlash from citizens across the state (and other "red states") about Mr. Frank's work. The book takes a look at Kansas over the years, politically and economically, and attributes much of the current problems of the state with the leadership (at all levels) over the past few decades. Much of the book's content is hard to swallow, but it's a healthy dose of reality for the mind.
FYI - I am not referring to party affiliation. Certainly, I don't want to open that can of worms.
My hope is to point out the fact that many of you are unhappy with the status quo with leadership at the local, state and national level, and yet the same politicans (or, same way of thinking) somehow retain their offices with each election cycle.
Brian Protheroe
San Francisco, CA
June 21, 2007 at 2:18 p.m. ( permalink | suggest removal )
MelissaE (anonymous) says...
That was certainly productive.
M
June 21, 2007 at 2:38 p.m. ( permalink | suggest removal )
daveedailey (anonymous) says...
Snake, come on give the young ones a fair chance. They have not apparently been around Emporia for a while and do not understand our frustrations with what goes on here. When Brian talks about a book about Kansas then somebody somewhere is watching. Maybe it will take the younger generation to straighten things out around here. (Who knows?) We are finding out that the city and county government are corrupt and now I am also beginning to wonder about Julie. What is she saying in all this? Maybe she is another Melissa!!!!! HAHA
June 21, 2007 at 3:08 p.m. ( permalink | suggest removal )
daveedailey (anonymous) says...
How much is this lawsuit going to cost the tax payers? Why not give the county refuge guys an incentive to clean it up and just send a bill to Heartland for the cost of the clean up? I think Zimmerman has his head where the sun don't shine on this one. Why do we have to pay attorney's fees etc to clean up the mess when local yokals could be paid to take care of the situation at a much cheaper cost. A bill could be sent to heartland for the cost of cleanup!!!! Believe me, the county and city officials had better wake up and start thinking what is best instead of just what they want. I am not the only person here to feel this way. These so called leaders are a true dissapointment to all of us if not a down right embarrassment!!
June 22, 2007 at 8:26 a.m. ( permalink | suggest removal )
zoahjoe (anonymous) says...
The entire mobile home park issue goes to the zoning problems in Emporia. How do the Zoning Regulations address this type of problem? Where is the Zoning Administrator on this issue? Has a notice of violation been issued? Shame on the Town for allowing this problem to get to this point.
To the Gazette, why not do a little investigative reporting, rather than just parroting what happens in a meeting.This is not news article, just a published set of minutes.
June 22, 2007 at 9:11 a.m. ( permalink | suggest removal )
daveedailey (anonymous) says...
Right on Zoa. We want answers!!!!!!!!
June 22, 2007 at 9:13 a.m. ( permalink | suggest removal )
Paccifier (anonymous) says...
Daveedailey- Your comment on Hearland is almost embarassing- Have you never heard in this country of the right to due process? The city cannot just go in and clean up the eye sore- Even a mowing order has a process- So, since you have all the answers, why don't you get some buddies, and take a Saturday, and go out and straighten the place up a bit- but do not expect to be paid anything- because without legal action backing what you are doing- you can't bill- which is why the city is going through the process, so if they have to go in and clean they can bill and have legal backing to require payment- it's slow, but I'm sure you would really cry if they (the city) paid for the clean up, and could not get paid by Heartland because there was no legal backing to the action.. And, while I'm at it- How come you are so fast to spend city funds promoting a clean up (the local yokal comment) that we would never get paid back for- I thought you were all for saving taxpayer money? It might cost more in the end, but taking legal process will recover clean up costs and legal fees, your way would result in Heartland getting a free clean up- Do you work fo them maybe?
Now, Zoehjoe, the park is not now, and never can be a zoning issue- It is a grandfathered property (if you have never heard the term, let me know, I'll explain)- the park was there before our zoning regulations, so no way Zoning Regulations can get into that area. Now, we do have a Minimum Housing Code, Call Jeff Lynch with the City, and he can tell you what can be done, or who looks after that code. I think the minimum housing code is through the Human Relations Commission, Code enforcement, or City Engineer, and honestly, maybe the Health Department ought to be involved, but this is not a zoning issue. And, why not kick in other similar trailer sites in town?
June 22, 2007 at 10 a.m. ( permalink | suggest removal )
daveedailey (anonymous) says...
Pac. It appparently is you who likes to spend our money. Just who is paid for checking into all the zoning issues and if people are following the so called guide lines? Just who allowed it to get that bad to begin with? Sounds to me like someone was sleeping on the job. Apparently you are for spending excessive dollars for attorneys, etc. You sound like a person who likes to blow money. I think it would be nice to pay locals to do the cleanup instead of a big company that will charge an arm and leg and we all already know how this community likes to burn money anyway. Are you on one of the councils, sounds like you are trying to protect somebody? I wonder who????
June 22, 2007 at 10:30 a.m. ( permalink | suggest removal )
Paccifier (anonymous) says...
Well, Daveedailey- Read ALL that I said- Private property- Ever heard of that?? You, me, nobody, including the city, can go into a place and clean it up, and get paid for it, without legal backing- You sound like to me that you are a communist, who does not believe in the right of the property owner, and is all for just going in without legal backing, but, as I said, the city gets legal backing (like a court decision) to straighten things up, then they can go after Heartland for the clean-up AND the legal fees- which seems to me a nice way to penalize the company for letting things get so far out of hand, and also for failing to respond to the city request that they do something. I don't know about you, but I know that the city does not have enough people working to look at every property all the time, Maybe you want to BLOW MONEY by having all kinds of extra people just driving around looking at every parcel in town. There are a number of properties in need of care- but I am not one who thinks I have to let somebody else see a problem before calling it in. We have to help out if we see problems in need of attention. It sounds as though YOU just want to sit and complain, and let others take care of the real work- If I do/do not serve on a commission, committee, board or whatever, or have done so in the past- I'm not afraid to get out from behind a keyboard and do something-
No, I'm not protecting anyone- I didn't even vote for the city commissioners in office now, I can't pick a winner it seems, but I know that it's real easy to gripe about things while doing nothing about it- Why aren't you on a commission?
June 22, 2007 at 11:04 a.m. ( permalink | suggest removal )
MelissaE (anonymous) says...
Speaking of not having enough people to look at every property all the time, why was the "you can't park on your lawn" law enacted if we don't have enough people to look at every property?
Oh--and suing Heartland won't necessarly reimburse the costs to the city (that's assuming the city would win). Sure, Heartland can have a judgment against them for $X but that doesn't mean they'll pay the judgment--lots of companies declare bankruptcy before paying anything.
M
June 22, 2007 at 11:11 a.m. ( permalink | suggest removal )
daveedailey (anonymous) says...
Private property??? BSBS Why is their zoning, enviromental services etc? I would like to consider my property private but with letchers like this who has anything private? Believe me, I own quite a bit of property around here and none of it seems to be private. Where do you get off? Yes, it is people like you who ruin the rest of us. Why do they make zoning laws etc when they have no one to enforce them? Sounds to me like made up positions to get more money from the tax payers. Are you in one of these positions??? Yes, I would love to run, but I do not want to win the vote because of the numerous relatives and friends I have to vote me in. I would want to win an "honest" election.
June 22, 2007 at 11:33 a.m. ( permalink | suggest removal )
Paccifier (anonymous) says...
Property Lien- If the property is ever sold it must be satisfied before sale completion, and Miss M- would you do nothing? Suing Heartland initially will give the city the legal basis to act on the property- Which is the main concern. Again, you CANNOT go on private property without something like a court order to take action. How much could Heartland sue the city for if a clean up was initiated on private property without the consent of the owner OR a court order??? Talk about spending money on legal fees then! The park on the lawn issue is complaint driven I think- Sometimes enacting the ordinace at the time is a good idea- but acting on it is another thing- Look at all the little kids bouncing around in the back seats of cars not in their safety seats- I think that's an issue commonly overlooked that is far more important than leaving an long term oil spot on the grass.
June 22, 2007 at 11:41 a.m. ( permalink | suggest removal )
Paccifier (anonymous) says...
If you won because of all your relatives, it would still be an honest vote- unless the relatives who vote for you are dead- I always figured that relatives are the ones who know a person, and might not vote for them. Sounds like an easy dodge anyway- And are you only good enough to run for City or County Comission? Whats wrong with volunteering for one of the city or county advisory committees, commission, and such- Sorry, no pay- but you have some input that may be heard - but sometimes you have to sit off a while between terms (sort of term limits on all boards)
June 22, 2007 at 11:48 a.m. ( permalink | suggest removal )
MelissaE (anonymous) says...
Actually, if I were Heartland, I'd be kicking out the residents who were violating their leases by refusing to clean up their yards. (Assuming their are leases there).
I'm anti-lawsuit regardless of the issue--I think there are better ways to solve problems.
I agree with you, Paccifier, regarding private property rights--however, I disagree that filing a lawsuit is the best way to solve this issue. Besides, maybe the city attorney (at the time the zoning was grandfathered for this place) should be sued too? For failing to tell the city that if they grandfather this place, it could potentially become dirty.......See, there's always someone to blame, right?
Or maybe Hill's will come and buy it up & put their building there......hmmmmm......
M
June 22, 2007 at 11:51 a.m. ( permalink | suggest removal )
daveedailey (anonymous) says...
Oh, by the way Pac, I am a registered, licensed professional with a full time job and my computer is paid for!! And for your benefit, I drive an older vehicle, I do not have a fancy cell phone and I scrape by to pay my bills which gets harder every time they raise my taxes even though I have changed nothing where I live. Is that fair?
June 22, 2007 at 11:58 a.m. ( permalink | suggest removal )
Paccifier (anonymous) says...
We all have our own boat to paddle- I have a full time job, kids in college out of town, home, insurance, taxes, tuition, their cars, my car-- registered, licensed can mean many things these days as you know, it does not make things easier, it is often more to protect the public in their dealings with individuals. Many of us have lots of fancy things hanging on our walls
June 22, 2007 at 12:08 p.m. ( permalink | suggest removal )
Paccifier (anonymous) says...
Miss M- Actually, when the zoning came to Emporia the park was there already, and was very nice- It is unfortunate that the present management is not kicking people out for not taking care of their place, the lots are flat, and not huge- but the question maybe should be how good is the onsite manager taking care of the place? How many places are owned by Heartland and rented out- making it Heartlands responsibility also? How else can you deal with a firm that has ignored requests for action other than to file a lawsuit and get things done?
June 22, 2007 at 12:17 p.m. ( permalink | suggest removal )
daveedailey (anonymous) says...
What this all amounts to, is the fact of people not doing their jobs. If we have zoning laws, then those laws need to be followed. If we can not afford to pay people to enforce the laws, why do have them? Leave well enough alone. Yes, the ball was dropped on this and I blame the city for letting it get so bad you think we need attorneys to correct the problem. Oh, by the way, just where are these attorneys located? I doubt it will be Emporia. We probably have to use some from somewhere else, because there is probably a "zoning" restriction or conflict of interest on that also.
June 22, 2007 at 12:22 p.m. ( permalink | suggest removal )
Paccifier (anonymous) says...
You have the right idea- we do have zoning regulations- and they do need enforced. The paid city staff can act to a limit, but problems need to be pointed out- Zoning Admin is only one person for the town- you see something- you need to call- same with Code enforcement- how much are they behind dealing with all the extra roofs in town right now- But, when the Planning/Zoning Commission votes one way, and the City Commission ignores the recommedation and votes to overturn that and grant a re-zoning, the only recourse is to sue the city right? How many Emporians can get an attorney to do that?- Short of court the final decision on zoning will rest with the city commission. That is why people have got to get out and volunteer time to be heard and serve- not everyone can be in lock step on this, not everyone can all state the same opinion either You and I have demonstrated different opinions- and they all need to be aired fairly, but how far will it get if it never makes it off here??? I would hope that the city would be represented by the City Attorney in any action they may take- your guess is as good as mine though
June 22, 2007 at 1:41 p.m. ( permalink | suggest removal )
KristieR (anonymous) says...
Snake~What's wrong with Chevy trucks?
Honestly, you think some of the poorest of the poor shouldn't be allowed to park their car outside their home? Yes, it might be broken down at the moment, but maybe they are trying to work towards saving the money to get it fixed. I have lawn furniture outside my house, why can't they? Granted it might not be the cheap plastic kind, maybe it's old indoor furniture that sits and rots in the rain. If they don't have a working car to take it to the dump, who will take it away for them?
I'm sure the owners of the park have been contacted numerous times to clean the place up with no avail. They have left the city with no choice but to sue for the right to come and clean it up. A judgment will be placed as a lien against their property and maybe some day, it will be paid back upon the sale of it.
I wonder if the park's insurance company is aware of the hazards at the park. (assuming they have liability insurance). I would think the insurance co would drop them as clients due to the hazards there. If the zoning laws require property to be free of environmental/physical hazards and they are not enforced...anyone who is injured on that property could sue the city for damages. Especially if the property owner's don't have the insurance anymore....who's next in line to blame? They City. (and tax payers). I would much rather pay to clean the place up before someone sues for millions.
June 22, 2007 at 3:33 p.m. ( permalink | suggest removal )
zoahjoe (anonymous) says...
Paccifier - Thanks I am well aware of what it means to have a piece of property grandfathered. I set as the Chair of the ZBA in my town. Grandfathered, does not mean that the property can never fall under the zoning regulations, in other parts of the country. If that is the interpretation in Emporia, then the ZA and ZB is completely off the mark.
(ZBA - Zoning Board of Adjustment)
June 22, 2007 at 3:53 p.m. ( permalink | suggest removal )
Paccifier (anonymous) says...
Simply put- the city is on the right course- This is not a planning/zoning issue. The City has policies that exist to handle this- As KristieR said, the park owners have probably been contacted numerous times, and have ignored the request to improve things. Thus, legal action is needed to allow the city to take care of the problem- But, have you been through some of the similar sites in the city? I drove some tonight. There are places as bad, and some specific units worse.
June 22, 2007 at 9:18 p.m. ( permalink | suggest removal )
emporialifer (anonymous) says...
So explain to me why it is okay to give a tax break to an out of town company, but not to a local company? Do you people even know anything about the bidding process? Guess what - legally - no one can play favorites - regardless of the home town companies because people go to jail for that. Ever heard of price fixing? Perhaps if local companies/contractors could submit competitive bids they would get the business just like any other business out there. And your ridiculous logic that a company that can afford to build a new building should be the last person to get a tax break is laughable. For a company to CONTINUE, they have to grow. No company can stay stagnant and survive - does anyone here own a business - it's not rocket science - growth is key. Are you saying it would be better for a local company to go under and put 100s of LOCAL people who rely on those incomes to support their families out of a job, then help a local company continue to grow and provide jobs for LOCAL people? Let's think about all sides here before we get so judgmental.
June 27, 2007 at 7:34 p.m. ( permalink | suggest removal )
ks_farmboy (anonymous) says...
back to the article and not this needless complaining, i think clint bowyer is an excellent role model and a great asset for the emporia community. i did not follow nascar until he got involved. i think he is in a position to do great things for emporia. i know when events happen, his presents brings people to emporia. i support 070707.
June 29, 2007 at 2:38 a.m. ( permalink | suggest removal )
emporialifer (anonymous) says...
I agree ks_farmboy - we should support 070707. It's neat to see such great success from an Emporian and we should all support that.
July 2, 2007 at 10:57 a.m. ( permalink | suggest removal )