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District 1 Advisory Board

Regular Meeting

Wichita, KS · July 6, 2015

AgendaMinutes

Minutes

District I Advisory Board Minutes July 6, 2015 www.wichita.gov The District I Advisory Board meeting was held at 6:30 p.m. at the Atwater Neighborhood Resource Center located at 2755 E. 19th St. N., Wichita, KS, 67207. Eight Board members, 11 staff and 35 members of the public were present (13 didn’t sign in). Members Present Staff Present David Buckmaster Officer Matt Lowe, WPD Dan Heflin Officer Tammie Doshier, WPD Brandon James Janet Johnson, CMO Aaron Mayes Lt. Chet Pinkston, WPD Janice Rich Tim Davidson, PW James Roseboro Bill Longnecker, MAPD Janet Wilson Troy Tillotson, Finance Bill Wynne Gary Janzen, PW Council Member Lavonta Williams Paul Gunzelman, PW Twila Chaloupek Scott Knebel, MAPD Shawn Mellies, PW Members Absent Guests Beverly Domitrovic Listed on last page K.C. Ohaebosim Order of Business Call to Order Meeting was called to order at 6:30 p.m. Approval of Agenda Motion to approve the agenda submitted. Motion carried 10:0. Approval of Minutes Motion to approve the minutes submitted with one correction. Motion carried 8:0. Public Agenda Agenda Items None Off Agenda Items None District I Advisory Board Minutes July 6, 2015 Page 2 of 7 Staff Reports Fire Report No report Police Report Officer Tammie Doshier, Patrol South 25 Beat, gave a statistical report on crime in the 21, 22, 23 and 25 Beats. There were no significant trends, other than 32 larcenies to automobiles – primarily occurring in Old Town. Doshier reminded everyone not to leave valuables in plain view in their vehicles. Officer Matt Lowe, Patrol East, 31 Beat, also gave a statistical report on crime in the East Bureau. There were no significant trends to report on. Action Taken: Receive and File. New Business 21st and Oliver design concept Paul Gunzelman, Public Works Engineering, presented the design concept. The intersection of 21st Street and Oliver is currently signalized with single left turn lanes on all approaches and free-flowing right turn lane for westbound traffic that can cause safety issues with pedestrian traffic. The intersection is in need of upgrades in conjunction with the development of Wichita State’s Innovation Campus and the anticipated increase in traffic counts. The design concept of the proposed improvements being considered consist of the following:  New traffic signals, brick crosswalks and connections to existing sidewalks;  Dual left turn lanes on all approaches; and  Dedicated right turn lanes on all approaches  10’ wide multi-use path on the west side of Oliver The intersection will be open to traffic throughout construction in at least one direction; left turns at the intersection will be prohibited. Construction is planned to begin in spring 2016 and be completed in late 2016. The proposed 2015-2024 CIP includes funding in the amount of $500,000 for 2015 and $3,500,000 for 2016 for total of $4,000,000. The funding source is General Obligation Bonds. A number of concerns were expressed by DAB members and citizens: DAB: The brick crosswalks don’t hold up. At 13th and Grove they are already washing out. Wouldn’t it be better and more cost effective to just go with paving the crosswalks? DAB: This was an extremely fast turnaround on this project – how did this happen so quickly? A: Other projects were re-prioritized. Citizen: This design indicates you will be taking part of our property. Our project was denied partly due to concerns about increased traffic and maintaining the residential nature of the neighborhood. What you are proposing does both of these things. We are not in favor of this. Citizen: When this was initially unveiled, we were told the widening of the street would occur on the WSU and commercial side of the street, not on the residential side. Oil and sediment will be washing into our lake. It’s a big disappointment that what we were told isn’t what’s going to happen. Church representative: How much of our land are you taking? A: Approximately a 10’ corner cut. 2 District I Advisory Board Minutes July 6, 2015 Page 3 of 7 Citizen: How did we get to this point? Why aren’t you taking it off the northeast corner? A: Because that would make the intersection off by a ½ a lane. Citizen: I think this is going to impact the ingress and egress at the Kwik Shop going in. DAB: Would what you are taking at the church impact their drives? A: No. DAB: I think the fast track on this needs to slow down. We don’t need the community thinking that WSU shored this down their throat. DAB: Can we slow this down so we can get something that the community and the DAB can live with? Citizen: Who did you talk to about this project? We feel very betrayed. Gary Janzen City Engineer said: There apparently was a communication gap on our end that needs to be addressed. We can come back if you want us to, but our number one concern is public safety and WSU is going to expand regardless. Therefore, we’ve got to accommodate that. Citizen: I feel like we’ve been stabbed in the back. Our commercial project was denied so the area would continue to feel residential – with all this additional traffic, it’s not going to feel like that. Two groups requested a meeting with Public Works Engineering. Janzen said they would get those set up. Action Taken: Wilson/Roseboro made a motion to defer the item until next month. Motion carried 8-0. Improvements to Oliver, 17th to 19th Street North Paul Gunzelman, Public Works Engineering, presented the design concept. 17th Street and Oliver Avenue are both currently four lanes, and the intersection is a signalized “T” intersection that lacks dedicated turn lanes. The intersection will need to be improved to accommodate the development of Wichita State’s Innovation Campus and the anticipated increase in traffic counts. The design concept includes the following improvements:  New traffic signals, brick crosswalks and connections to existing sidewalks;  A left turn lane for southbound and northbound traffic;  A right turn lane for southbound traffic;  17th Street leg of the intersection will be three lanes and driveway approach to the cemetery will be aligned with 17th  A 10’ wide multi-use path on the west side of Oliver The intersection will be open to traffic throughout construction in at least one direction; left turns at the intersection will be prohibited. Construction is planned to begin in spring 2017 and be completed in late 2017. The proposed 2015-2024 CIP includes funding in the amount of $500,000 for 2015 and $2,000,000 in 2017 and 2018 for a total of $4,500,000. The funding source is General Obligation Bonds. 3 District I Advisory Board Minutes July 6, 2015 Page 4 of 7 Comments and questions: DAB: Will there be a signal light at 18th? A. Not initially, but it could be added later if it’s needed. DAB: I think it’s a mistake to go from four lane to three lane. DAB: Do you have all the property acquired that you need? A. No, there is still some needed around the southwest corner of Oliver. DAB: Why are you going down from four lanes to three? A. That decision was based on the traffic studies. Citizen: I get the feeling Dr. Bardo is wanting to keep traffic out of that area. Action Taken: Mayes/James made a motion to recommend approval of the proposed design concept. Motion passed 8:0. CON2015-00020 - Conditional Use for a FM radio broadcast system Bill Longnecker, Metropolitan Area Planning Department, presented this request. The applicant, Three Angels Seventh-Day Adventist Church, is seeking a Conditional Use to permit the construction of a 100-foot tall, lattice tower and equipment for a FM radio broadcast system on the LC Limited Commercial zoned west portion of their 9.78-acre property; Lot 1, Three Angels Addition. The “Wireless Communication Master Plan” (WCMP) defines a FM/AM radio broadcast system as a wireless communication facility. The WCMP allows administrative permits on LC zoned properties for new undisguised ground-mounted wireless communication facilities of up to 120 feet in height that comply with the compatibility height standards of the “Unified Zoning Code” (UZC) and are designated on the “Properties Eligible for an Administrative Permit for a Wireless Action Taken: Mayes/Wilson made a motion to recommend approval of the conditional use permit. Motion passed 8:0. CON2015-15 City Conditional Use request for a nightclub on LI Limited Industrial zoned Bill Longnecker, Metropolitan Area Planning Department, presented the request. He explained that a prior application for the same change several years ago had failed. The applicant, Armando Michel (applicant/owner) Ted Knopp (agent), is proposing a nightclub in the city and an as needed event center for weddings, anniversaries, graduations, company celebrations, art shows, concerts and similar events on the LI Limited Industrial zoned site. The property is generally located west of Hydraulic Avenue, between Indiana and Cleveland Avenues on the north side of Central Avenue; see Exhibit B. These events could have the serving of food and cereal malt beverage or alcoholic liquor. The possibility of the on-site serving and consumption of cereal malt beverage or alcoholic liquor and music and dancing defines the request as a nightclub in the city. Nightclubs are a permitted use in the LI zoning district. However, if a nightclub is located within 300 feet of a church or place of worship, public park, public or parochial school or residential zoning district the Unified Zoning Code (UZC) requires consideration of a Conditional Use. A LI zoned church abuts the northwest side of the site and B Multi-Family Residential zoned single-family residences are located 65 feet east of the site, across Cleveland Avenue, thus the Conditional Use request. Approval of a nightclub would allow the applicant unlimited liquor sales. Approval of a night club would appear to allow the first nightclub along this section of Central Avenue, as defined by Hydraulic Avenue on the east side to the raised railroad tracks and Santa Fe Avenue on the west side. The applicant presented a number of letters of support from neighborhood businesses. The DAB and citizens had a number of questions and concerns: 4 District I Advisory Board Minutes July 6, 2015 Page 5 of 7 DAB: What time would the close? A: With the permit, it allows for 2 a.m. DAB: Does the owner have a club currently? A: No. DAB: The building looks terrible, are there plans to fix it up? A: Yes, there is a plan to stucco it. DAB: Can’t you have an event center or venue without having it be a nightclub? A: Yes, but we felt like if the owner had control over the liquor sales it would be less problematic. DAB: Is the applicant willing to close earlier? A: Don’t know, haven’t discussed that with him. DAB: I have an issue with music being this close to a residential area. Citizen: We do not want this in our neighborhood. We’ve already had lots of problems with two after hour’s clubs and we’ve had two homicides related to them. Citizen: The inside of the building is amazing and it won’t be a typical “nightclub,” it will be a place for things like weddings and quinceaneras. Citizen: They are already operating and there are already issues including not enough parking. Last weekend a lady was hit by a car. We’ve lived in our house for 24 years and we don’t want this in our neighborhood. There are a lot of unsupervised children association with this venue and we are asking that you not approve it. Citizen: Parking has been an issue there for the past several months and there has been a lot of speeding. Last Saturday I woke up at midnight and the place was packed and very noisy. The door was open and we could hear the music. We are completely opposed to this and believe there is a location about five blocks away that would be perfect – called Old Town. DAB: Were you aware of the noise concerns? A: Yes we need to fix the doors so that they automatically close and don’t stand open. DAB: What is the status of the location now? A: There’s a full service restaurant there. DAB: Are they currently in violation of the zoning? A: Longnecker said he didn’t know, but there are some building code violations that need to be addressed. DAB: I noticed that all the letters of support are from businesses in the area who aren’t present at night; there are no letters of support from residents. Action Taken: Wilson/Wynne made a motion that the conditional use be denied. Motion carried 8-0. Preliminary Budget Overview: 2016-2017 Troy Tillotson, Finance Department, presented the proposed budget overview. The City Manager is in the process of coordinating the development of the 2016-2017 Proposed Budget. To date, a City Council workshop and two Social Media Town Hall events have helped define priorities and develop ideas to incorporate into the budget. Additional community input is being sought at District Advisory Board meetings to define final priorities and ideas that will ultimately be incorporated into the 2016-2017 Proposed Budget. 5 District I Advisory Board Minutes July 6, 2015 Page 6 of 7 This meeting will provide an overview of the current financial environment, with a review of City revenue and expenditures trends, as well as financial projections relative to the development of the 2016- 2017 Proposed Budget. Further input and discussion will be sought on appropriate service levels and priority areas. The 2016-2017 Proposed Budget will be presented after all input and discussion has been evaluated and recommended changes are made. A public hearing and budget adoption will follow in August 2015. The operating budget will be presented to the City Council on July 14, a public hearing will be held on August 4, and the budget will be adopted on August 11th in order to be in compliance with state law. Comments and questions: DAB: Can you use the reserve to pay down the debt? A: Yes and we are looking at that. DAB: Besides the Town Hall Social Media what other outreach are you doing? A: tweets, meetings, etc. DAB: Even if you can’t fill all the police officer positions, I want them kept on the books. DAB: I am in favor of raising the mill levy. Action Taken: Provide feedback Board Agenda Updates, Issues and Reports Several announcements were made regarding community events and educational and employment opportunities. Council Member Williams reviewed the items on the next day’s City Council agenda. Adjournment Motion to adjourn was made and seconded. Motion carried. The next District I Advisory Board meeting will be held at 6:30 p.m., Aug. 3, 2015, at the Atwater Neighborhood Resource Center, 2755 E. 19th St. N. Guests Donald Hogg Steve Riley Marcia Nance Carolyn Austin Michael Wilson Janet Radig John Radig Brandon Johnson Elise Bias Janet Diggs Julia Falke Steve Falke Bonita Gooch 6 District I Advisory Board Minutes July 6, 2015 Page 7 of 7 Rip Gooch Prisca Barnes Ray Shellman Allison Shellman Scott Langerberg Djuan Wash Billy Williams Armando Michel Ted Knopp 7

Agenda

DISTRICT I ADVISORY BOARD AGENDA July 6, 2015, 6:30 p.m. Atwater Neighborhood Resource Center 2755 E. 19th St. N., Wichita, KS 67214 ORDER OF BUSINESS Call to Order Approval of Agenda for July 6, 2015 Approval of Minutes for June 1, 2015 Public Agenda Board will hear public issues from individual citizens regarding City issues not scheduled on the agenda. Each presentation is limited to five minutes unless extended by the Board. 1. Scheduled Items No items. 2. Off Agenda Items Any individual present that did not request to speak on the public agenda prior to the meeting may speak at this time. Staff Reports 3. Fire Report Fire Department will provide information on activity in the District I community. Recommended Action: Receive and file 4. Police Report Police Department will provide information on activity in the District I community. Recommended Action: Receive and file New Business 5. 21st and Oliver design concept Paul Gunzelman, Public Works Engineering, will present the design concept. On April 28, 2015, the City Council approved an agreement with MKEC Consultants to design improvements to the intersection of 21st Street North and Oliver. The intersection of 21st Street and Oliver is currently signalized with single left turn lanes on all approaches and free-flowing right turn lane for westbound traffic that can cause safety issues with pedestrian traffic. The intersection is in need of upgrades in conjunction with the development of Wichita State’s Innovation Campus and the anticipated increase in traffic counts. The design concept of the proposed improvements being considered consist of the following:  New traffic signals, brick crosswalks and connections to existing sidewalks;  Dual left turn lanes on all approaches; and  Dedicated right turn lanes on all approaches  10’ wide multi-use path on the west side of Oliver The intersection will be open to traffic throughout construction in at least one direction; left turns at the intersection will be prohibited. Construction is planned to begin in spring 2016 and be completed in late 2016. The proposed 2015-2024 CIP includes funding in the amount of $500,000 for 2015 and $3,500,000 for 2016 for total of $4,000,000. The funding source is General Obligation Bonds. District I Advisory Board Agenda July 6, 2015 Page 2 of 4 Recommended Action: It is recommended that the District Advisory Board recommend approval of the proposed design concept presented by staff. 6. Improvements to Oliver, 17th to 19th Street North Paul Gunzelman, Public Works Engineering, will present the design concept. On April 28, 2015, the City Council approved a design agreement with Professional Engineering Consultants (PEC) for a paving improvement project for Oliver from 17th to 19th Street North. 17th Street and Oliver Avenue are both currently 4 lanes, and the intersection is a signalized “T” intersection that lacks dedicated turn lanes. The intersection will need to be improved to accommodate the development of Wichita State’s Innovation Campus and the anticipated increase in traffic counts. The design concept includes the following improvements:  New traffic signals, brick crosswalks and connections to existing sidewalks;  A left turn lane for southbound and northbound traffic;  A right turn lane for southbound traffic;  17th Street leg of the intersection will be three lanes and driveway approach to the cemetery will be aligned with 17th  A 10’ wide multi-use path on the west side of Oliver The intersection will be open to traffic throughout construction in at least one direction; left turns at the intersection will be prohibited. Construction is planned to begin in spring 2017 and be completed in late 2017. The proposed 2015-2024 CIP includes funding in the amount of $500,000 for 2015 and $2,000,000 in 2017 and 2018 for a total of $4,500,000. The funding source is General Obligation Bonds. Recommended Action: It is recommended that the District Advisory Board recommend approval of the proposed design concept presented by staff. 7. CON2015-00020 - Conditional Use for a FM radio broadcast system Bill Longnecker, Metropolitan Area Planning Department, will present this request. The applicant, Three Angels Seventh-Day Adventist Church, is seeking a Conditional Use to permit the construction of a 100-foot tall, lattice tower and equipment for a FM radio broadcast system on the LC Limited Commercial zoned west portion of their 9.78-acre property; Lot 1, Three Angels Addition. The “Wireless Communication Master Plan” (WCMP) defines a FM/AM radio broadcast system as a wireless communication facility. The WCMP allows administrative permits on LC zoned properties for new undisguised ground-mounted wireless communication facilities of up to 120 feet in height that comply with the compatibility height standards of the “Unified Zoning Code” (UZC) and are designated on the “Properties Eligible for an Administrative Permit for a Wireless Communication Facility Map.” The applicant’s site plan shows the facility to comply with the UZC’s compatibility height standards. Because the site is not shown on the Properties Eligible for an Administrative Permit for a Wireless Communication Facility Map, a Conditional Use request is required. The site is not located within an “Airport Hazard Zone Area.” However the property located on the northwest corner of 45th Street North and Hydraulic Avenue is located within Airport Hazard Zone D, which allows a 300-foot maximum height for new undisguised ground-mounted wireless communication facilities. This close proximity to an Airport Hazard Zone D area would seem to indicate that the proposed 100-foot height of the lattice tower is not going to be a problem. Recommended Action: Planning staff recommends that the request be approved subject to the eight listed conditions. District I Advisory Board Agenda July 6, 2015 Page 3 of 4 8. CON2015-15 City Conditional Use request for a nightclub on LI Limited Industrial zoned Bill Longnecker, Metropolitan Area Planning Department, will present the request. The applicant, Armando Michel (applicant/owner) Ted Knopp (agent), proposes a nightclub in the city and an as needed event center for weddings, anniversaries, graduations, company celebrations, art shows, concerts and similar events on the LI Limited Industrial zoned site. The property is generally located west of Hydraulic Avenue, between Indiana and Cleveland Avenues on the north side of Central Avenue; see Exhibit B. These events could have the serving of food and cereal malt beverage or alcoholic liquor. The possibility of the on-site serving and consumption of cereal malt beverage or alcoholic liquor and music and dancing defines the request as a nightclub in the city. Nightclubs are a permitted use in the LI zoning district. However, if a nightclub is located within 300 feet of a church or place of worship, public park, public or parochial school or residential zoning district the Unified Zoning Code (UZC) requires consideration of a Conditional Use. A LI zoned church abuts the northwest side of the site and B Multi- Family Residential zoned single-family residences are located 65 feet east of the site, across Cleveland Avenue, thus the Conditional Use request. Approval of a nightclub would allow the applicant unlimited liquor sales. Approval of a night club would appear to allow the first nightclub along this section of Central Avenue, as defined by Hydraulic Avenue on the east side to the raised railroad tracks and Santa Fe Avenue on the west side. Recommended Action: Protesters have contacted the MAPD in opposition to the requested Conditional Use for nightclub. Opposition cites concerns regarding the potential for illegal and dangerous activity from the proposed nightclub and associated parking. Since the previous request for a nightclub at this site, CON2004-00042, the most recent development in the area appears to remain the 2003 investment into Washington Elementary School. Improvements in the surrounding housing appears to be minimal resulting in a B, GC and LI zoned deteriorating residential neighborhood that could be absorbed by surrounding commercial and industrial uses in the future. Planning staff recommends that the request for a Conditional Use for a night club in the city be approved, with the following conditions: A. The site for a nightclub shall be developed in conformance with an approved site plan. A site plan must be approved within 90 days of approval by the appropriate governing body for review of the Conditional Use shall be declared null and void. The site plan shall include, but not limited to, the occupancy of the nightclub (and the size), as posted by the Fire Marshall (see condition E), landscaping, internal circulation and access as approved by Fire, and showing how much parking is required and provided for the night club and the applicant’s other buildings and businesses. B. No outdoor entertainment, music, no outdoor speakers, recreation, food or drink services are permitted on the site. C. Activities for the nightclub shall not be permitted until all required permits and inspections for the facility are finished including the paving and marking of the parking lot. Plans for the paving of the parking lot will include a drainage plan reviewed and approved by Public Works/Stormwater. All improvements for the night club shall be completed within one year of approval by the appropriate governing body or the Conditional Use shall be declared null and void. D. The applicants shall comply with all applicable development standards of the UZC, including but not limited to parking, screening, and landscaping. E. Occupancy for the nightclub hall shall not exceed the required parking for the night club and the applicant’s other buildings and businesses. F. The applicant shall obtain, maintain, and comply with all applicable permits and licenses necessary for the operation of a nightclub in the City. G. If the Zoning Administrator finds that there is a violation of any of the conditions of the Conditional Use, the Zoning Administrator, in addition to enforcing the other remedies set forth in Article VIII of the Unified Zoning Code, may, with the concurrence of the Planning Director, declare that the Conditional Use is null and void. 9. Preliminary Budget Overview: 2016-2017 Troy Tillotson, Finance Department, will present the proposed budget overview. The City Manager is in the process of coordinating the development of the 2016-2017 Proposed Budget. To date, a City Council workshop and two Social Media Town Hall events have helped define priorities and develop ideas to incorporate into the budget. Additional community input is being sought at District Advisory Board meetings to define final priorities and ideas that will ultimately be incorporated into the 2016-2017 Proposed Budget. District I Advisory Board Agenda July 6, 2015 Page 4 of 4 This meeting will provide an overview of the current financial environment, with a review of City revenue and expenditures trends, as well as financial projections relative to the development of the 2016-2017 Proposed Budget. Further input and discussion will be sought on appropriate service levels and priority areas. The 2016- 2017 Proposed Budget will be presented after all input and discussion has been evaluated and recommended changes are made. A public hearing and budget adoption will follow in August 2015. The operating budget will be presented to the City Council on July 14, a public hearing will be held on August 4, and the budget will be adopted on August 11th in order to be in compliance with state law. Recommended Action: Provide feedback Board Agenda Updates, Issues and Reports Opportunity is provided for the Council Member and the District Advisory Board members to report any activities, events, or concerns in the neighborhoods and/or Council District. Recommended Action: Receive and file The next DAB I meeting will be held at 6:30 p.m., August 3, 2015, at the Atwater Neighborhood Resource Center, 2755 E.19th St. N., Wichita, KS 67214. Adjourn