The Emporia Gazette

May 27, 2012

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Pets who kill pets can now be called "vicious animals" and be destroyed by court order.

The Emporia City Commission approved the change Wednesday. Previously, an animal had to attack a human to be considered vicious. But under the new law, severely hurting or killing a domestic animal will do it -- if the attack was unprovoked and the attacking animal was not on its own property.

"This is probably just a small step, but it's a start," said Mayor Jim Kessler.

Emporia resident Tricia Segobia pushed for the change after her former dog Tater Bug was killed by a neighborhood pit bull-Siberian husky mix. The mixed-breed was held 10 days at the pound and then released, killing a neighbor's dog soon after.

Segobia told commissioners Wednesday that the law was a good step, but it needed to be enforced. If the police didn't do more about stray dogs, she said, it was only a matter of time before a human got attacked.

"We're lucky we haven't had anybody hurt or killed," Segobia said. "We've been lucky. I don't want to be that statistic."

Deputy Police Chief Mike Williams said that to enforce the animal laws properly, he needed more manpower. Police staff levels currently call for one full-time animal control officer and one part-time one.

"One and a half people can't do it," Williams said. "Nor can I pull an officer off of a battery, domestic violence case, or something similar for an animal call when there are people at stake.

"Given the manpower, we can make the change," he added. "We're not trying to shirk. But it boils down to having the proper number of people to do it."

"I don't disagree with what you said," Commissioner Tom Myers answered. "My philosophy is we should first do the right thing with the ordinance, and then adjust our manpower requirements to support the good ordinance we've passed."

Commissioner Bobbie Agler said the law still needed some teeth. The dog can be punished, he said, but what about the owner?

"Without that, this doesn't do much for me," he said.

City Attorney Blaise Plummer said he would prepare a proposal for an increased fine and present it at a future commission meeting.

The evening's other pet issue, a proposal to raise fines and fees at the animal shelter, was postponed to a future meeting.

Commercial chance

Despite objections from some industrial neighbors, city commissioners rezoned a 35-acre tract owned by Thomas Transfer to commercial.

The land is at the southwest corner of Graphic Arts Road and West U.S. Highway 50. It has been zoned for light industrial use since the 1970s but has never been occupied. But with improvements being made to the nearby Kansas Turnpike addition, including a roundabout that will connect to the property, landowner Kenneth Thomas decided the land had strong retail potential.

"This site, with the changes the KTA is making, can be a great gateway site for the west side of town," said Jim Harpool of Dial Realty in Kansas City, who has agreed to buy the land from Thomas Transfer and develop it.

The property is part of Industrial Park II.

Barbara Wry, the manager of Emporia's Safeway pet food plant, was among those who objected to the rezoning. She worried that if a commercial property came in, it would eventually object to the noise and smell of the nearby industries and insist on corrective measures -- even though the industries were there first.

"I do not want to have any other disadvantages to our manufacturing location than we may already have because of fuel costs," she said.

If that happened, Plummer said, Safeway would probably be covered in court. If an industry can show that its neighbor knowingly moved next to a pre-existing nuisance, common law will usually let that stand as a defense.

Jerry Waddell, the CEO of Kanza, said he wasn't necessarily opposed to the land becoming commercial, but he wanted to see the plans first.

"I haven't seen a detailed plan," he said. "I've heard a lot about where things might be located, but they might not be, too."

Commissioner Julie Johnson, who made the motion for the rezoning, said the change fit the area.

"I am probably the person up here who is least enthusiastic about the commercial development of Emporia as a saving grace," Johnson said. "But if it's going to happen, this is a logical place for it to happen."

In other action:

• Water rates will go up by 15 percent next year, in part to help offset the cost of new equipment. Agler calculated that for an average residential user, the monthly water bill would go up by $2.44. This is the first increase in water rates since July 1, 2000.

• The commission unanimously rejected a request by Rex Williams to vacate an unnamed street between Melrose Place and Sutton Place. The commissioners cited safety concerns.

• Commissioners put more money into three 2006 budget funds after a brief public hearing. The bond and interest fund was raised by $24,428 to cover higher-than-expected interest, the convention and tourism fund was raised by $9,740 to cover an allocation for Red Rocks and the water fund was boosted by $50,000 in case of unexpected expenses.

• A former Arby's site at 2805 West U.S. Highway 50 was rezoned from light industrial to general commercial. The site is being used by Emporia Motors. Commissioner Bobbie Agler recused himself from the vote, since he is an officer in C&M Realty, the company making the application.

• The city renewed its maintenance agreement with the Emporia Public Library.

• The commission approved an ordinance permitting concealed firearms to be carried under certain circumstances. The ordinance is required by state law, which recently changes to permit concealed weapons to be carried by licensed users.

• Commissioners approved the new city boundaries. This year, the city added 31.5 acres, bringing its total area to about 11.75 square miles.

• Mark Schreiber was named to the Area Planning Commission. Rick Mitchell, Mark Runge and Ronald Bass were named to the building trades board.