The Hays Board of Zoning Appeals has approved several requests the past two years for variances in the height of “street side” residential fences on corner lots.
The Hays Unified Development Code (UDC), adopted two years ago, limits the height of such a fence in a residential side yard that abuts the street to 42 inches. The fence in the rear or other side yard can be up to 72 inches high.
The difference has “caused some confusion and angst among property owners who have erected fences since the UDC went into effect,” according to Hays Public Works Director Jesse Rohr.
He told city commissioners last week all the variance requests for taller fences on a street side yard have been granted by the zoning appeals board since the UDC was adopted in August, 2016.
“After a couple of years using this regulation, we don’t feel that the fence height regulation as written meets the intent of what we were trying to do,” Rohr said.
“It’s just unnecessarily restrictive.”
During their meeting Thursday, the commission will consider approving a proposed amendment allowing a six-foot fence to be erected on a street side yard. The Planning Commission voted in June to recommend the change as presented by staff. All properties will still be required to address site line issues when erecting a fence.
Staff is also recommending a change the section of the UDC that regulates the heights of accessory buildings, such as garages or workshops.
(Click to enlarge)
Two-story accessory structures are allowed to be taller than single story accessory structures, which Rohr contends is very difficult to enforce as written.
Single story structures are now restricted to a maximum height of 18 feet while two-story structures are restricted to a height of 24 feet or the height of the principal dwelling, whichever is greater. The UDC references finished attics, unfinished attics, mezzanines, etc. to determine what constitutes a story.
After discussion between staff and the Planning Commission, it was decided to recommend a change to the UDC that would limit the height, but remove any verbiage pertaining to the number of stories.
The purposed amendment would allow a maximum accessory building height of 18 feet or the height of the principal dwelling, whichever is taller.
“This allows residences with taller homes to have taller accessory structures,” Rohr explained. “It also keeps the height of accessory structures similar to the neighboring properties which helps maintain the character of the neighborhood, which is a strong component of this regulation.”
Also scheduled for Thursday is an update of the Wastewater Treatment Facility Reconstruction Project by Stan Christopher with HDR engineers.
Randy Clinkscales
I am writing this article as I am waiting to get a rim fixed on my car. I tried to get away for a short weekend to do some hiking in Colorado. Along the way, I hit a pothole, bent my rim, and I am now grounded and am being forced to stay an extra day in Colorado. It would not be so bad except that I am grounded because I am driving around with no spare and one of those crappy little emergency tires.
But, as I sit here, it reminds me of something that happened to me years ago. My wife and I have three sons. As many young families, the early days were really a struggle. Our vacations were of two kinds: going to see family for a holiday, or camping.
Camping was a cheap alternative. We would load up tents, tarps, water bottles, and the like. We had old sleeping bags that weighed way too much. We would venture out as if we know what we were doing (and we didn’t).
One particular year, we decided to go to a part of the state that the kids had never been to: the Sangre de Cristo Mountains. We found a camping spot somewhere in the mountains, set up our tent and then decided to go exploring. The road got very rough. There were a lot of sharp rocks. As we were trying to maneuver over a particular bad area, I got out of the car only to hear a hissing sound. We had a tire going flat.
Needless to say, I did not want to try to change a tire on a mountain road. We bailed down the mountain as quickly as we could, arriving at a gas station. The gas station attendant changed the tire. We got the tire on and headed to the campsite. As we got there, one of the kids pointed out that they heard a hissing sound.
Another flat.
Let me be honest. Our tires were way overdue to be replaced. But, like so many young struggling families, we were trying to make due as long as we could.
We went back to the gas station and got the tire fixed.
The person at the gas station said, “Mister, I really would not be driving on these tires with three kids.”
My wife and I talked and headed to some town (probably Pueblo) and purchased a set of tires. I remember going to a movie, sitting there trying to figure out whether we should just go home or keep plugging along on our camping trip.
Our adventures did not end there. A day or two later, we broke camp. We then moved toward the Salida, Colorado area. Suddenly, our car started making a weird knocking sound (I really do not remember now what all was going on). We spent a day in a shop in either Salida or Canon City. The result was a temporary repair, and we had to drive 40 miles per hour back all the way from Colorado to Hays.
I always enjoy my vacations, but I will tell you that this one stretched me to the max.
It is not unusual for clients to come in to see me when bad things are happening. They can range from health issues, financial issues, or even family issues. Life was great, or at least fine until bad things started to happen. Sometimes I can tell they are just ready to give up.
One of the things that we try to do with our families is to help them step back, put the crisis in its proper place, find solutions, and then make a plan to go forward. Sometimes it takes a third party, such as an elder care attorney, to help them step back and get a better perspective on life. It is truly not the end; they just need a plan.
So, it was with us. Though our first trip to the Sangre de Cristo Mountains turned out to be a challenge, we still tell stories about it. We still talk about the flats, but also the beautiful mountains. And, the funny part is that it has really become one of our favorite places in Colorado. Don’t let “flat tires” stop you from enjoying life. Sometimes you just have to fix the flats and go on.
Randy Clinkscales of Clinkscales Elder Law Practice, PA, Hays, Kansas, is an elder care attorney, practicing in western Kansas. To contact him, please send an email to [email protected]. Disclaimer: The information in the column is for general information purposes and does not constitute legal advice. Each case is different and outcomes depend on the fact of each case and the then applicable law. For specific questions, you should contact a qualified attorney.
Austria and Germany, countries historically known for their rich music culture, this summer hosted the Fort Hays Singers, Fort Hays State University’s top choral ensemble. The singers joined four other choirs from the United States to take part in the American Celebration of Music.
The singers traveled to Munich, Germany and Salzburg and Vienna, Austria.
“I was called last March about interest in going to Austria, which I thought would be fun, but when they said that the American conductor would be Dr. Eph Ehly from Kansas City, I agreed instantly,” said Crull.
Eighteen entourage travelers including Crull, Pam McGowne (accompanist), family members and a few friends joined the 20 singers on the trip.
“We had a fantastic trip – good weather, good health and good memories,” said Crull. “The highlight for me was hearing and conducting my choir in some beautiful old cathedrals.”
“The Fort Hays Singers were model students with fun, fellowship and superb conduct. They really showed the best of what FHSU stands for,” he said.
The singers who went on the trip are listed by voice types.
Soprano: Jenna Confer, St. Francis sophomore; Dannielle Dickerson, Riley junior; Raeanna Peacock, Hays senior; Julie Schroeder, Colby senior; and Estella Schumacher, Pratt senior.
Tenor: Max Befort, Hays senior; Adam Flax, Hays senior; Nathaniel Lee, Satanta senior; Tyler Rathbun, Hays senior; and Jared Thom, Hays junior.
Bass: Braydon Boyer, Salina sophomore; Jeremy Claude, Hays freshman; Cody Kreutzer, Hays senior; Jacob Ostmeyer, Salina senior; and Nick Smith, Sharon Springs.
Funding for the trip was provided by Ben Cline, chair of the Department of Music and Theatre; the FHSU Foundation; friends of FHSU choirs; area churches; civic organizations; and the FHSU study abroad office.
“The students themselves worked exceptionally hard, both performing and on their own, to raise the $3,000 per traveler expense that the trip cost,” said Crull.
The American Celebration of Music was sponsored by Music Celebrations International.
The Thomas More Prep-Marian Back to School Night/Fall Sports Kick Off will be at 6:45 p.m. Thursday.
Back to School Night is a wonderful opportunity for parents to meet teachers and learn about TMP-Marian policies and procedures. Please arrive at 6:45 p.m., in order to pick up your student’s schedule from the office. Principal Chad Meitner will give a welcome and directions in the Dreiling Theatre at 7 p.m. Parents will then be allowed to follow their student’s first semester schedule and hear what each teacher expects in their classroom. Our teachers want to build a solid relationship with parents that enables everyone to work together to educate the students.
This Friday, August 24, 2018, is the kick off to Fall Sports at TMP-Marian. Come out to Al Billinger and watch volleyball scrimmage or Cripplegate field to watch soccer square off against Wichita Classical. The highlight of the evening will be the Blue & White Scrimmage. The TMP-Marian football team will display the skills they have acquired thus far. A freewill offering meal, put on by the cheerleaders, will also accompany this event.
3:30 Cross Country Run at TMP
4:00 Volleyball Scrimmage at ABFH
4:00 Boys Soccer vs. Wichita Classical at Cripplegate Field
6:30 Girls Golf Exhibition
7:00 Football Scrimmage at Cripplegate Field
SEDGWICK COUNTY— Law enforcement authorities are investigating a suspect on sex charges.
McCool -photo Sedgwick County
Following an investigating at Lakeside Academy Juvenile Facility, deputies arrested 38-year-old Amanda McCool, according to Lt. Tim Myers with the Sedgwick County Sheriff’s Department.
McCool, was booked Tuesday on requested charges of unlawful sexual relations involving a juvenile, according to Myers. She posted bond and is no longer in custody.
Lakeside Academy is not affiliated with law enforcement, according to Myers.
McCool was employed by Sequel Youth Services, according to Lakeside Academy officials. They are contracted with the Kansas Department of Children and Families to provide services at the facility.
USD 265 Goddard is responsible for academic programs for students who live at the facility. McCool was not a school district employee.
BUTLER COUNTY — Two people were injured in an accident just after 9p.m. Wednesday in Butler County.
The Kansas Highway Patrol reported a 2012 Frieghtliner tow truck driven by David J. Wheat, 70, August, was eastbound crossing the Walnut River Bridge on SW 100th Street.
As the vehicle began crossing the bridge it was met by westbound traffic and the driver failed to see three eastbound on horseback. The tow truck struck Joshua D. Quezada, 18, and Arnold, Piper Piper, 14, both of Augusta, from behind.
Quezada and Piper were transported to Wesley Medical Center. A third rider Davis, Shonni L. Davis, 18, Augusta, and Wheat were not injured. Both horses died, according to the KHP.
ST. PETERSBURG, Fla. (AP) – Brandon Lowe and Mallex Smith drove in two runs each, and the Tampa Bay Rays moved five games over .500 for the first time this season with a 6-3 win over the Kansas City Royals on Wednesday night.
Lowe, who drove in the first two runs with a second-inning single off Jakob Junis, and Smith were among six Rays who had two hits each.
Tampa Bay has won four straight, including the first three of a four-game seat against Kansas City.
Whit Merrifield led off the fourth with his ninth home run, the Royals’ first hit of the game, extending his hitting streak to 11 games.
Hunter Dozier added a two-run homer in the eighth, the second of the game off Yonny Chirinos. Dozier’s sixth homer of the season came on his 27th birthday.
Ryan O’Hearn had his first first multi-hit game for the Royals with three of their seven hits, but Rosell Herrera was thrown out at the plate for the game’s final out after O’Hearn’s third hit.
Rays opener Ryne Stanek pitched two hitless innings before Chirinos (2-5) took over. Chirinos gave up three runs on four hits while striking out four in five innings.
Sergio Romo pitched the ninth for his 18th save in 25 opportunities.
Junis (6-12) allowed four runs on nine hits in 5 2/3 innings, striking out five.
The loss clinched a sixth straight series loss for the Royals, who have lost 16 of 20 games overall.
BETTER LATE THAN NEVER
Kevin Kiermaier, who had two hits and a walk, is hitting .357 in his last eight games, noteworthy mostly because he was batting .175 before that. “I’ve been pressing this whole year, trying to make up for all my lost time and all my (lack of) performance in one swing,” the Rays center fielder said. “I’ve been trying to kill the ball all year and hit the ball 700 feet, and that’s how I get myself out. You learn from things like this – being hurt and not playing the way you want to. It’s a learning experience and now I’m instituting those experiences into my approach.”
GETTING A BREAK
Rays rookie 1B Jake Bauers, mired in a 1-for-33 slide, was out of the lineup. “He’s been pressing, there’s no denying it,” manager Kevin Cash said. “He’s frustrated with himself.” Bauers entered Wednesday hitting .209 with nine homers and 34 RBIs in 66 games.
TRAINER’S ROOM
Royals: OF Jorge Bonifacio, scratched from Tuesday’s lineup with lower back stiffness, was on the bench again Wednesday, but available, manager Ned Yost said.
Rays: OF Tommy Pham said he hopes to be back Friday after dislocating his right ring finger on a head-first dive back to first base on Tuesday. “It feels fine other than the swelling,” Pham said.
UP NEXT
Right-hander Tyler Glasnow (1-3, 4.10 ERA) will make his fifth start for the Rays in the season series finale Thursday night. Glasnow took his first loss Saturday at Boston, going 6 2/3 innings after a second inning in which he gave up three walks and four runs. Left-hander Danny Duffy (7-11, 4.90) is the likely if unannounced starter for Kansas City. He hasn’t started since Aug. 11 because of a left shoulder impingement.
Thousands of dollars worth of prizes will be given to local college students during the annual March to Main on Aug. 28.
March to Main is organized by the Downtown Hays Development Corp. along with a committee of members from the Hays Convention and Visitors Bureau, Fort Hays State University and North Central Kansas Technical College. The event is open to FHSU, NCK Tech and Hays Academy of Hair Design students, faculty and staff.
Students will meet at the FHSU Quad at 5:30 p.m. They will march down Eighth Street to Main Street behind the FHSU band, cheerleaders, dance squad and Victor E. Tiger.
Students will search for four special bricks. Three will be worth $100 cash each, and the fourth gold brick will be worth $200.
Students can visit 32 participating businesses to play Bingo toward prizes.
“We give away over $3,000 in prizes at this event thanks to our very generous sponsors,” Sara Bloom, DHDC director, said. “We have gift cards, we have salon packages, we have $150 watches, we’ve got jewelry, we’ve got TVs, we’ve got laptops, we’ve got Keurigs, You name it, we’ve got it.”
2017 March to Main
Gella’s Diner will provide a free sandwich meal to the first 500 students, faculty and staff with valid ID. The meal is sponsored by the Hays Convention and Visitors Bureau. Water will be provided by Culligan.
Musical artist KRIGARE will perform live at the Downtown Pavilion at 10th and Main streets.
The presidents of the local education institutions will address the students as well as other local leaders.
“The primary goal of this event is to welcome the students to Hays,” Bloom said. “We want to make sure that they know we are excited they are here, that we welcome them, that we want them to be a part of the community.
“But as they go on a scavenger hunt and fill a bingo card while they are at the event from 6 to 8, they are also getting to go into those businesses, see what products and services they offer, meet those business owners, be welcomed by those business owners and really start to connect with their new home.”
Today A 20 percent chance of showers and thunderstorms before 9am. Patchy fog before 9am. Otherwise, cloudy, then gradually becoming mostly sunny, with a high near 88. South southeast wind 7 to 11 mph becoming west southwest in the afternoon.
Tonight Partly cloudy, with a low around 63. Southwest wind around 6 mph becoming east in the evening.
Friday Sunny, with a high near 92. West southwest wind around 7 mph becoming north in the afternoon.
Friday NightClear, with a low around 66. East wind around 6 mph becoming south southeast after midnight.
SaturdaySunny, with a high near 95.
Saturday NightS cattered showers after 1am. Partly cloudy, with a low around 71. Chance of precipitation is 30%.
Sunday Isolated showers and thunderstorms before 1pm. Mostly sunny, with a high near 94. Chance of precipitation is 20%.
From the petition asking to have Vanessa Cowie reinstated.
By LESLIE EIKLEBERRY
SALINA — Friends of the Salina Animal Shelter this week started a petition to encourage City of Salina officials to reinstate suspended Animal Services Manager Vanessa Cowie.
By 2 p.m. Wednesday, more than 300 people had signed the petition.
Cowie was placed on paid administrative leave and escorted from the Salina Animal Shelter on August 15. When questioned about the incident, Interim City Manager Mike Schrage told Salina Post that he was “not able to respond to inquiries about personnel matters.”
The petition, directed to Schrage and the Salina City Commissioners, begins with the following.
“Our beloved Animal Services Director, Vanessa Cowie, has recently been suspended, pending her termination. In a move that surprised many people, including shelter staff and Volunteers, Vanessa Cowie was escorted from her office at the Salina Animal Shelter on August 15. She is suspended from all of her duties, pending a hearing with Interim Salina City Manager Mike Schrage.”
Cowie herself has declined to speak to media about the incident. When contacted by the Salina Post on Thursday, Cowie responded, “it’s against policy for me to elaborate and I respect the process. It is upsetting and I hope a fast resolution can be determined, so that I can return to my role serving the citizens and the animals.”
Shelter volunteers and friends of the animal shelter, however, have not hesitated to comment.
“When I heard of Vanessa’s suspension, my heart sank,” Aarynne Struble, a shelter volunteer who fosters kittens and helps with spay/neuter events, told the Salina Post. “I have a tremendous amount of respect and admiration for the work she does. Losing her would be an enormous loss to our community. I have never met someone with the skill-set and dedication that she has. Vanessa is irreplaceable.”
Struble praised Cowie not only for her hard work and dedication but also for her efforts to improve the shelter in Salina.
“She has made Salina Animal Services one of the best-run animal shelters in Kansas. She works harder than anyone I know. Her workday does not end when she leaves the shelter in the evening,” Struble noted.
She continued that Cowie doesn’t leave her caring for animals or volunteers at the office.
“As a volunteer with foster kittens, she was always willing and eager to provide me with help and support, even when she was out of the office. And she doesn’t just provide excellent care to shelter animals, she cares about ALL animals,” Struble told the Salina Post. “I have contacted her regarding my owns pets, wildlife, and strays – she is always eager to provide support.”
Shelter volunteer Bruce Moore, wrote in a Facebook post on Thursday, “Vanessa’s supervisor claims Vanessa exceeded her authority by responding to the Saline County Sheriff’s request for assistance when it seized scores of animals that appeared to be neglected. She was then accused of being insubordinate for insisting that Kansas statutes provided a means for recovering the costs of boarding the seized animals, and offering to bring in outside attorneys experienced in animal welfare cases to shield the city from that liability. Instead of following Vanessa’s lead, the city got stuck with the bill, and may have little chance of recovering those costs from the animal owners. To punish Vanessa and the shelter, for her “insubordination,” her supervisor arbitrarily, and without notice, cut off all of the shelter’s spending authority, going so far as to cancel her city credit card. The shelter was briefly unable to buy animal food or to pay Dr. Braun, who performs spay/neuter surgeries at the shelter. When Vanessa received inquiries from a city commissioner, she was accused of violating chain of command rules (that preclude any city employee from speaking directly to a member of the commission about a matter of city business – no kidding, that’s a rule) and her supervisor didn’t care that Vanessa didn’t initiate the contact. Vanessa’s supervisors then audited ALL of Vanessa’s expenditures over the last 2 or 3 years, looking for anything amiss. Nothing was found. She’s been called demeaning names by her supervisors and told to “shut up” when she attempted to defend herself and the shelter. Some of the comments directed to her referenced her gender, as if that was somehow relevant to the discussion, implying that her opinions lack credibility because she’s a female. There is more, but that’s a good start. When the dust settles, the city will look like chumps for the way Vanessa was, and is, being treated. With all the grant money Vanessa has secured, for the benefit of the city-owned shelter, she has instituted a number of programs to encourage spaying/neutering of Salina pets. If those programs, tolerated but not supported by her supervisors, are discontinued, the city could have to repay some or all of that grant money. To thank Vanessa for obtaining grant funding to renovate the shelter building, the city cut her budget. Anyone see anything wrong with this picture?”
On Friday, Moore told Salina Post that he stands behind everything he has written on Facebook concerning the Cowie matter. Although he declined to say how he came by some of the information provided in the Facebook post, Moore said the information was garnered through personal observations and interactions.
“I’m over here every day. I see things. I hear things. Everything on Facebook I intend to stand behind,” Moore said.
Moore praised the work Cowie has done on behalf of the animal shelter. He noted Cowie’s work to change the shelter to a no-kill shelter, including establishing a foster program for cats and kittens in which volunteers take kittens and feral cats home to not only free up shelter space but to also socialize the animals and get them ready to be adopted.
“Vanessa has given the animals a chance to thrive,” Moore said.
He added that the no-kill aspect of the shelter was key to most of the volunteers assisting the shelter.
Moore, who was working in the shelter’s cat room at the time of the interview, noted that the renovated cat room was paid for by a grant from the Petco Foundation that Cowie had secured for the shelter. In fact, Cowie has been able to secure $350,000 in grant funding from the Petco Foundation for various shelter projects.
Moore also said that Cowie is also well-respected outside of Salina and has been sought out for consultation on a number of occasions.
That fact was evident during the public comment portion of Monday’s city commission meeting when a representative from the Clay Center Animal Shelter praised Cowie for her assistance with getting the shelter in Clay Center started.
“Everyone we talked to directed us to Vanessa. She met with us outside shelter hours. So many of our best practices were adopted from the Salina shelter,” she said.
State Senator Randall Hardy, who represents the 24th District, also spoke about the respect people outside of Salina have for Cowie. Hardy said that during the last legislative session, he attended a luncheon and educational event sponsored by the Kansas Society for the Prevention of Cruelty to Animals.
“When I arrived, I found out that Miss Cowie was providing the program for the legislators. Miss Cowie was chosen for the presentation because her shelter is considered by the state society to be a model program that includes best practices that could be considered by shelters all over the state. I was sitting there thinking how proud I was to be associated with a city with an animal shelter that has a statewide reputation of excellence,” Hardy said.
Additionally, Dr. Brad Crauer, assistant clinical professor in shelter medicine in the Kansas State University College of Veterinary Medicine also spoke in support of Cowie.
“I developed and oversee the shelter medicine program. We take students across central Kansas and Nebraska to shelters to provide free spay and neuter and medical triage. I also consult and visit shelters nationwide,” Crauer said. “When we look at the shelters that I have been associated with, I can tell you that Salina Animal Shelter is one of the highest performing shelters anywhere, and that’s because of Vanessa Cowie.”
“Other shelters want her badly because she does such an outstanding job,” Sue Voll, president of the Friends of the Salina Animal Shelter, told the commissioners. “I want to let everyone know that the volunteers stand behind Vanessa 100 percent.”
RENO COUNTY — A Kansas man was arrested Tuesday evening after he led Hutchinson police officers in a chase that ended with a crash. A police officer was injured.
Scott-photo Reno Co.
Authorities had been looking for 36-year-old William Scott for some time because of outstanding warrants.
An officer spotted Scott and attempted to pull him over. Scott refused to stop his vehicle and led officers in a high-speed chase.
Scott eventually crashed into the officer’s vehicle at 9th & Lorraine. The officer, identified as Mike Rivers, went to Hutchinson Regional Medical Center for an X-ray of his foot, according to Police Sgt. Josh Radloff.
Scott faces possible charges of aggravated battery of a law enforcement officer, felony flee and elude, and driving while suspended.
He’s been on parole for a conviction of criminal possession of a firearm and was listed as an absconder in that case.
His bonds total $32,500. He is expected back in court next week.
WICHITA, KAN. – A Texas man pleaded guilty Tuesday to driving a load of cocaine to Kansas, according to U.S. Attorney Stephen McAllister.
Ruiz -photo Butler Co.
Ricardo Daniel Ruiz, 20, El Paso, Texas, pleaded guilty to one count of interstate travel in furtherance of drug trafficking. In his plea, he admitted that a police officer in Elkhart stopped him for speeding. A search of the vehicle turned up about 15 pounds of cocaine wrapped in six bundles and hidden beneath the back seat.
Sentencing is set for Nov. 6. He faces a penalty of up to five years in federal prison and a fine up to $250,000.
