Eads Board, Crawford Resolve Building Permit Issues

By Chris Sorensen

KCP Staff

September 24, 2004

The Town of Eads Board of Trustees met in regular session August 14 with board members Bill Barlow, Dennis Pearson, Diane Crow, Cardon Berry, Charles Howard and Mayor Larry Michael present. Board member CJ Filbeck was absent.

Lori Richardson was present for the annual license renewal for her business, By Golly Liquor. Pearson, who lives next door, said that there were no problems. Captain Chad Ray of the Kiowa County Sheriff’s Office stated that law enforcement did not have any problems at the business, either. By roll call vote, the renewal was unanimously approved.

Discussion then turned to continued to review of a building permit issued to Bill Crawford, who was present at the meeting. Gary Davis, attorney for the town, took the lead by explaining to the board a drawing which he said showed what the board had approved versus the construction that had been started, and distances from property lines. Pearson asked what needed to be decided. Davis stated that, though drastic, the board could revoke the permit. Another possibility would be to continue to approve the permit, but disapprove of any encroachment on the street right-of-way. A third option was to hold to specifications of the permit as issued, which allow encroachment so long as it did not exceed the encroachment of the house, which has been on site for decades. Davis then stated that, since the board had, "already been taken advantage of," he didn’t know if the board would, "want to grant any more favors." Pearson asked what would happen if Crawford continued construction at the current position. Pearson asked Crawford if anyone had talked to him about the situation. Crawford stated that Michael had a brief discussion with him. Crow stated that she was still confused as to how far in from the building would need to be, specifically how far from the curb. Van Brown, Director of Public Works, said that no one could tell without a survey, though this particular property was well surveyed, to which Crow asked how the town could have approved anything in the past. Davis stated that, as a minimum, the town could require that the town’s property or right-of-way could not be encroached upon. Beyond that, the fire code would be the main controlling factor. Crawford then stated that the Improvement Certificate is not correct, and asked if that was what the discussion was based upon. Davis stated it was. Crawford then pointed out that the document states that it is not to be relied upon, since is not accurate. Davis said that by "eyeballing" it was quite easy to tell the structure was not properly positioned. Crawford went on to state that the first letter he received notifying him the permit was approved did not mention aligning with the either the wall or eave of his home, just "house." Michael countered that the building is also outside of the eaves of the house. Crawford admitted to receiving a second, certified letter that explicitly cited the house wall as the edge of permissible encroachment, however that letter was not received until 30 days after construction had been started. Davis then stated that the new building is out further than specified by either letter. Crawford stated that he did not try to take advantage of the situation, pointing out that the street is crooked and "we eyeballed it, and thought we were good." Crawford, Michael and Davis then engaged in a brief exchange rehashing points made by both sides. Crawford pointed out that he hadn’t been notified that the building permit would be re-visited at the previous meeting, and said that, while someone had found the time to take measurements of the buildings, no one had taken time to knock on the door or call him about a problem. Berry then intervened to restore order, and asked Crawford if he would be willing to move the north wall of the building to come into compliance with permit specifications. Crawford stated he would do whatever the board decided. Berry stated that he wanted to make certain everyone had the same understanding of what was expected. Pearson suggested that, when the new position of the north wall is set, Brown could stop by to check which would ensure no further communications issues. Howard made a motion to that effect, seconded by Berry, which was unanimously approved.

Eads Police Officer Chad Ray reported that it had been a busy month. Convictions were obtained relating to a methamphetamine lab bust south of Eads earlier this year. Additionally, following a lengthy investigation, charges will be filed against a 17-year-old juvenile for use of methamphetamines. Ray stated he had received complaints about the use of "little motorcycles" in Eads. There have also been positive comments, but safety is a concern. Ray also pointed out that state law requires a drivers license to operate a motorized bike, though he felt it would be inappropriate to issue tickets to seven- and eight-year old children for driving without a license, though Lamar has started doing so. Board members suggested safety courses for bicyclists should be expanded to cover the motorized bikes. Barlow stated that the traffic code should be followed, and to call parents to take whatever action is needed. The board approved Ray’s request to purchase a Taser. He noted that he is certified as both a Taser operator and trainer, and that certification requires being shot with the non-lethal device.

Pearson stated that the Kiowa County Economic Development Foundation, which now owns property that encompasses the town’s sewage lagoons, is considering deeding that portion of the property to the town. Board members felt it would be a good idea to accept the property.

Pearson asked about procedures to enforce the town’s various codes/ordinances, noting that enforcement did not seem consistent. Brown and Peck stated that each new board designated how much it wanted to spend and how far it wanted to go in enforcing ordinances, such as the nuisance ordinance. Davis stated that, in the past, enforcement has been done on an ad hoc basis if there is a problem, rather than having regular monthly property inspections. Brown said that past boards tended not to take action unless there is a complaint, and that decisions would need to be make so people know what to expect.

The board approved building permits for Frazee and Hollis, noting that the Frazee project is already complete, and the Hollis project sets well away from property lines. Crow stated that if there are any problems, they should be addressed immediately rather than waiting to the next meeting.

The board approved having ElectraPro install a 200 amp upgrade for the electrical service at town hall.

Peck reported that an unnamed concerned resident had called to ask if the town had done anything about mosquitoes because a family member had been infected with West Nile Virus. Peck told the resident that the town had treated area water, and informed the board that none the town’s test have returned positive results. Brown stated that the town had treated the sewer lagoons with a larvicide, that the county had treated Jackson’s Pond, and that the Weirich family had treated its pond – anything that had water was treated. He also noted that some of the worst sources for mosquitoes would be old tires and similar items found in back yards (which the town cannot locate and treat).

Barlow noted that the culvert under the railroad track is not draining properly. Brown said it could be cleaned out. Barlow also stated that stop sign pavement markings were needed around the school. Brown said that Maine street was not painted this year since it will be torn up next spring, but lines could be repainted on other streets around the school.

The meeting adjourned at 9:47 p.m. The next regular meeting will be held October 12.