By BECKY KISER
Hays Post
Following a 35-minute discussion during their Thursday work session, Hays city commissioners decided they need more information and more time to review a request for allowing several types of alternative vehicles on city streets.
The request comes from Ellis County Commissioner Neal Younger who told commissioners he's been researching the situation since October. Petitions placed at eight local businesses in February yielded 330 signatures of support, according to Younger.
The specified vehicles are prohibited on city streets by state law but could be authorized by a city ordinance.
Ellis and Victoria allow the vehicles, as does Ellis County. Russell also permits such vehicles on its streets from dawn to dusk.
Younger provided the related city ordinances from Ellis and Victoria as well as Dodge City.
Commissioner Shaun Musil asked about traffic accidents with the vehicles in Dodge City, considered a peer city of Hays.
"When I started this process back in October, I did talk to the mayor in Dodge City. That was my first question to him. At that time, he told me none," Younger reported. "I was glad to hear that because I do not want to put them out and have accidents in Hays.
"I just want our community to be able to use their merchandise or equipment that they have purchased."
Don Scheibler, Hays police chief, confirmed the information about no accident reports in Dodge City, as well as Garden City.
"They really haven't had any problems with the side-by-sides as far as accidents," Scheibler said.
Commissioner Ron Mellick asked about safety equipment on Utility Task Vehicles (UTV), Work Site Utility Vehicles (WSUV) and Micro-Utility Vehicles (MUT).
Helmets for adults are not required, nor are they for adult motorcycle riders in Kansas. It was unclear whether helmets or car seats are required for minors. Mellick asked Scheibler to research state law and report back to the commission.
A windshield or safety goggles are required to be worn by the driver, according to Scheibler.
Kevin Bainter of BOS Motorsports in Hays said UTVs, WSUVs and MUTs are equipped with turn signals, horn, three mirrors and seat belts.
Billy Briney, Briney Motorsports, Hays, suggested the city could require alternative vehicles driven in Hays to be also equipped with a roll cage and a minimum tire size.
"That would help get away from the slower vehicles, the golf carts and some of the more unsafe vehicles," said Briney.
He noted Ness City also allows alternative vehicles.
"We hear about the accidents. Most of those are from off-roading," Briney said. "My feeling is, when you get people in the city actually with other traffic, traffic signs, they pay a little more attention than when they're out there with their friends in the sand dunes."
Scott Braun, Ellis County sheriff, told the commission there are not a lot of accidents in the county "but we can tell when the young ones are playing. All you gotta do us go to the corner of the intersection and see how it's torn up. But as a whole, they're pretty safe."
Vehicle drivers, who must have a valid license and be at least age 16, obey the same rules of the road as cars. The alternative vehicles, however, cannot be driven on Highway US 183, which is Vine Street within the Hays city limits.
"We researched it because we were having some issues in the county," Braun said. "They can run any road in the county, except [Highway] 183. They can cross it," Braun said.
The city could require such vehicles to be registered and/or be insured.
Commissioner Ron Mellick supported the insurance requirement and a $1,000 fine if a driver is stopped and found to have no insurance on the vehicle.
A potential huge influx of alternative vehicles being driven on Hays streets by out-of-town visitors worries Commissioner Michael Berges.
"I don't mind my neighbors using alternative vehicles in Hays because they live in Hays and they understand Hays. So if that vehicle is registered as something that can be driven in Hays or Ellis County, I'm a little more open to that," said Berges.
"But we have events in Hays like the dirt races and Oktoberfest and they're coming from all over the state. And they bring these alternative vehicles and then they can just drive around Hays.
"But if we had some system where they had to register that vehicle to be in Hays, to me that would kind of narrow that field down."
According to Scheibler, in order to drive an alternative vehicle in Dodge City or Garden City, including those from out of town, it must be registered with those cities.
Berges also talked about possibly restricting the vehicles to certain hours on the streets or to certain months.
"We don't allow them in December and January when it's cold and snowy or maybe summer months when it's overly busy," he said.
"I know a lot of people use side-by-sides for snow removal," said Mason Ruder, vice-mayor. "Yeah, I see people do that all the time," agreed Musil.
The city should be able to put as many constraints on the alternative vehicles as commissioners desire, "as long as it doesn't conflict with state law," said Toby Dougherty, city manager.
City staff is supporting an ordinance allowing such vehicles in Hays.
Commissioners also heard details of a request for a transfer of mineral rights to Rich and Betty Wolf, a procedure City Attorney John Bird called a "bookkeeping matter."
Several years ago the city acquired the right of way for the northeast portion of what would be the 260th Avenue and 41st Street intersection. Along with that acquisition came the mineral rights.
The owners of the contiguous tract want to sell the property along with the mineral rights and have asked the city to deed those rights back to the adjacent property.
According to Bird, the city has nearly no monetary interest in the mineral rights and would not lose the right of way if commissioners decided to return the mineral rights.
Mayor Sandy Jacobs was absent from the meeting.
Prior to the meeting, Ruder read a city proclamation signed by Jacobs in awareness of Child Abuse Prevention Month.