Gardner council adopts municipal-court housekeeping ordinance and authorizes condemnation for Lone Star Prairie sewer

GARDNER, Kan. — The Gardner City Council on Oct. 24 adopted a municipal-court housekeeping ordinance and approved steps to acquire easements for a sewer needed by the Lone Star Prairie residential development.

City staff told the council the municipal-court amendment (Ordinance 2,812) updates Chapter 2.5 of the Gardner Municipal Code to allow the municipal judge to assess all fees permitted by statute — examples staff cited included crime-lab, witness and housing fees — and to formally add established traffic court dockets to the code. "We decided that it was probably time that we actually officially add those traffic dockets as part of this amendment," a city staff presenter said, asking council to adopt the ordinance so the city would not need to return each time fees or dockets change.

Councilmember McNair moved to adopt Ordinance 2,812; Councilmember Deaton seconded. The clerk called the roll and the ordinance passed.

The council also addressed infrastructure for the Lone Star Prairie development. City staff explained that the project requires an off-site 12-inch sanitary sewer main that crosses private property and that negotiations for permanent and construction easements have not been completed with at least one property owner. Staff recommended the council declare the necessity of condemnation to keep the project moving. "It's the only connection point we can get to," staff said, describing a roughly 15- to 20-foot permanent easement along the road and a short crossing at a property corner.

An unnamed councilmember expressed reluctance about condemnation, saying: "Condemnation doesn't give me the warm fuzzies here at all. I don't like it, by just in principle." Staff replied the process can still resolve by agreement before actual condemnation and noted the proceedings require time to complete.

The council adopted Resolution 02/1952, declaring the necessity to begin condemnation proceedings and authorizing surveys and legal descriptions for lands or interests needed for the sewer improvements. The body then adopted Ordinance 02/2013, directing the city attorney to institute eminent-domain proceedings to acquire the specific tracts described in the ordinance.

Votes at a glance

- Ordinance 2,812 (Municipal Court housekeeping): adopted (motion by Councilmember McNair; second by Councilmember Deaton). - Resolution 02/1952 (declare necessity for condemnation, Lone Star Prairie sewer): adopted (motion and second recorded). - Ordinance 02/2013 (condemn specific parcels, Lone Star Prairie sewer): adopted (directs city attorney to institute eminent-domain proceedings).

What’s next

The council authorized the city attorney to begin eminent-domain proceedings; staff said negotiations could continue and settlements remain possible before actual condemnation. The municipal-court ordinance takes effect as provided in the ordinance language.