Ark Valley News - City set to enforce easement mowing

City set to enforce easement mowing
By Chris Strunk
Last Updated: September 04, 2014

The city decided not to improve an eyesore drainage ditch in a Valley Center neighborhood.

Instead, it plans to enforce rules that require property owners to maintain it, a move that could have implications for other areas of the city.

After hearing a proposal to construct an expensive concrete trough to improve drainage between backyards on Clover and Parkway in the Valley Meadows subdivision on Sept. 2, the Valley Center City Council voted to leave the ditch the way it is and enforce current weed-height regulations.

The city requires all lawns to be less than eight inches tall. In a section of the drainage ditch between Goff and Fieldstone, weeds are as tall and as thick as large bushes, hindering drainage.

Sections of the ditch, however, are neatly trimmed. Neighbors said the southern portion of the ditch dries out quicker than the northern half, allowing property owners to mow the ditch at least a couple of times a month.

Still, neighbors said the city has sent property owners mixed signals over the years about who was responsible for taking care of the ditch. The city has sent crews to the area a few times to cut the tall weeds and clear debris. However, the city's heavy equipment has created ruts in the soft ground, which has exacerbated the problem.

The city proposed the construction of a concrete ditch and assessing specials to 14 adjacent property owners to pay for it. A second option would have spread the cost of the project to about 150 properties that benefit from the drainage, equaling to about $45 a year for 10 years.

The council turned down both options.

Five property owners spoke to the council. Each opposed to the proposal.

Council member Judith Leftoff suggested that the city bring the ditch up to standards and then turn over maintenance to property owners. That proposal was defeated.

Council member Al Hobson suggested that the council table a decision until the city estimates how much it would cost to clear the ditch. Jake Jackson and Lou Cicirello agreed with Hobson, but the motion was defeated.

Council member Ben Anderson made a motion to leave maintenance up to property owners and enforce city codes on weed height. The motion passed, 6-2, with Cicirello and Laurie Dove voting against it.

"It's not a drainage issue," said council member Terry Ishman. "It's a maintenance issue."

Warren Utecht, director of community development, said the city will be prepared to enforce the ordinance.

"We will get onto this thing," he said.

Other similar drainage easements exist in parts of Valley Center. The city emphasized that current regulations require property owners to mow and maintain the easements, but enforcement has been sporadic over the years. That could change with the council's decision this week.

In other business Sept. 2, the council:

•Appointed Dove and Marci Maschino as voting delegates at the League of Kansas Municipalities meeting Oct. 11 and 13 in Wichita. Council members Ishman and Anderson was appointed alternates.

•Approved a resolution that dedicates right-of-way on North Emporia from McLaughlin Park to the north city limits.

•Gave first-round approval to an ordinance that amends zoning regulations.

•Approved an agreement with Sedgwick County to receive and distribute USDA commodities.

•Approved a chamber of commerce request to close McLaughlin pond to public fishing from 8 a.m. Sept. 11 through Sept. 20 to prepare it for the Fall Festival fishing tournament, which will be Sept. 20.

•Learned that Valley Center will host the Sedgwick County Association of Cities meeting Sept. 13 at City Hall. A Wichita attorney is scheduled to speak on how ADA requirements affect municipalities.