District 3 Advisory Board

District III Advisory Board Minutes for April 4, 2018 District III Advisory Board Minutes April 4, 2018 www.wichita.gov The District III Advisory Board meeting was held at 6:30 p.m. at the WATER Center, 101 E. Pawnee, Wichita, KS 67211. Council Member James Clendenin, eight District Advisory Board members, five City staff, and 32 members of the public were present. Members Present Staff Present Ron Tracy Chief Tammy Snow, Wichita Fire Department David Robbins (WFD) Cindy Miles Deputy Chief Stuart Bevis, WFD Paul Davis Jamie Buster, Deputy City Clerk Michael Loop Dave Yearout, Metropolitan Area Planning Gerald Henry Department (MAPD) Catherine Johnson Maddy Campbell, Office of Community Marco Alcocer Service Council Member James Clendenin Members Absent Jerrod Cerullo Daisy Olivar Bruce Gass ORDER OF BUSINESS At 6:34 p.m. Council Member James Clendenin called the meeting to order. The agenda for the current meeting was approved. The Minutes for March 7, 2018 were approved. Deputy City Clerk Jamie Buster swore in DAB members. STAFF REPORTS Fire Report Chief Tammy Snow reminded the crowd of the April Burn Ban to be respectful of the ozone. She reported it is dry and dusty which can lead to catastrophic conditions if a fire occurs. She shared to be careful with lawn equipment and anything that can produce sparks. Action taken: Received and filed. PUBLIC AGENDA Westar Don Sherman, Vice President of Community Relations & Strategic Partnerships, spoke about upcoming streetlight updates in the Wichita area. Over the course of six months, all streetlights in Wichita will be replaced with new LED lights. The newer technology will be safer and cost less for the City. To keep costs down during this rollout, Westar is suspending fixing streetlights unless WPD reports a public safety issue. The LED lights will be clear which allows for colors to be better discerned. The color temperature of the lights will be 4,000 kelvin (same as moonlight) which is an industry standard. Oldtown will be lit with brighter lights—5,000 kelvin—since it is an entertainment 1  District III Advisory Board Minutes for April 4, 2018 district. Westar will work to save old lights and recycle the old poles. Don announced that Westar will merge with KC Power and Light increasing their customer base to 1.6 million. A DAB member asked the following question: Q: Will the merge help the consumer or the company? Is proximity (to the parent company) an issue? A: It will help both. It will help the consumer because we will be able to get goods and services for cheaper. Fireworks Ordinance Chief Tammy Snow presented on WFD’s following options (listed below) concerning the fireworks ordinance and related matters. These options are based on previous presentations, comments received from both internal and external customers, and additional research. Plan A: Limited full power fireworks with “designated shoot areas” and additional modifications:  Use violation would be an unclassified misdemeanor • $250 fine • Can pay at window (no court unless defendant asks for trial)  Make adults responsible for juvenile use and/or possession of fireworks  Make property owners/occupants responsible for violations of the ordinance  Reduce dates of use allowed to July 1-5  Limit times allowed from 10 a.m. to midnight  Maintain sales dates June 27- July 5  Issue fireworks sales permits at $5,000 per sales site  Allow sales of all fireworks allowed by state law, except sky lanterns  Use of “full power” fireworks would be limited to identified “designated shoot areas” only  Currently legal fireworks (sparks less than six feet high) still legal inside the City of Wichita  Increase enforcement as previously outlined, funded by fireworks sales permits  Enhance public fireworks display with funds from fireworks sales permits Plan B: Continue with currently allowed fireworks with increased enforcement and additional modifications:  Maintain current limitations of fireworks less than six feet high  Maintain sales dates of June 27- July 5  Change use dates/times to July 1-5, 10 a.m. to midnight  Penalty for violation is an unclassified misdemeanor • $250 fine • Can pay at window (no court unless defendant asks for trial)  Make adults responsible for juvenile use and/or possession of illegal fireworks  Make property owners/occupants responsible for violations of the ordinance  Set fireworks sales permit fee of $1,500 per site  Use funds from permits for increased enforcement  Use funds from permits to enhance public fireworks display In summary: Adoption of Plan A and the corresponding ordinance change would allow use of “full power” fireworks in identified areas. Currently legal fireworks would remain legal throughout the city. It would simplify the citation process, setting the fine at $250. Fireworks sales permit fees would be used to help pay for enforcement, enhance the public show, and for the cost of designated shoot areas. Estimated cost for six designated shoot areas is $20,592 per night and the estimated cost 2  District III Advisory Board Minutes for April 4, 2018 for enhanced enforcement is $10,943 per night. The City’s Fourth of July costs would increase due to staff holiday pay requirements. Adoption of Plan B and the corresponding ordinance change would continue to allow fireworks with sparks less than six feet high. Mortars (or similar devices), bottle rockets, and sky lanterns remain illegal. The plan would simplify the citation process, setting the fine to $250. Fireworks sales permits would be used to help pay for enforcement and to improve the public fireworks show. Estimated cost for enhanced enforcement is $10,943 per night. The City’s Fourth of July costs would increase due to staff holiday pay requirements. DAB members’ comments and questions:  In regard to designated areas: • Will people actually use them? • It could lead to drunk driving from homes to designated areas. • Will there be enough parking? In Planeview there will be risk of residents getting blocked in. • They are not actually "safe."  The $250 fine should go to WFD and toward cleaning up after.  A $5,000 tent permit is too much. This will hurt many nonprofits who use these tents for much needed funding as there will be significantly less tents. The permit should be $1,500.  Fireworks should end at 11 p.m. because that is in line with the current noise ordinance.  Fireworks should end at midnight because it does not get dark until 9 p.m. and people should have a longer period to enjoy them if they get less days to use them.  "Good luck" with making parents responsible for their children.  Fireworks should only be allowed on the 5th of July if it is used as a “rain day.”  There needs to be some leniency for property owners. They should not get in trouble for having firework debris on their property if they did not do it.  Consider excise tax instead of or in addition to sales tax.  Clapp Park is a designated site. Will this cause issues with the golfers?  We don't want property tax money to go toward enforcement or clean-up. It is not fair. The people who buy the fireworks should pay for enforcement and clean-up.  Enforcement cost is a lot with overtime pay. Hopefully once people start getting $250 tickets, word will spread and compliance will increase (resulting in less need for enforcement). Q: How many fires did we have last year caused by fireworks? A: In 2017 there was $255,000 in damages due to fireworks from two separate incidents. Both fires were caused by improper disposal of fireworks. In 2016 there were only $6,000 worth of damage caused by incidents resulting from improper disposal. Q: Is the fine a blanket fine for everything they find? What if they are in violation for several different fireworks? A: WFD’s recommendation is a flat $250. Q: Have you seen examples where some of these plan components have been successful in other places? A: None of the ideas are brand new. We have taken them from cities and communities from Nebraska to Texas. Citizens’ comments and questions:  A $5,000 permit is steep and will cause me (a tent owner) to operate significantly less tents which will hurt many non-profits. Surrounding areas can charge hefty permit fees because they have the space to stock and sell enough products to cover the fee in revenue. Due to zoning laws, I cannot have a tent that exceeds 2,400 square feet. The limited size prevents me from stocking more product and making a larger revenue. 3  District III Advisory Board Minutes for April 4, 2018  I think $5,000 for the permit is too much. It should be between $1,500 and $5,000.  The fine for shooting fireworks after 11 p.m. or midnight on the days preceding and following the 4th of July should be steep. It is very disruptive to sleep.  If you can go outside the city and buy it, it should be sold in Wichita since it will be used here anyway.  The neatest thing is the $250 flat fee.  "Shoot them where you buy them" and having designated areas is confusing.  Designated areas are dangerous because you are packing in people and fireworks can get out of control.  You should make people do community service (clean up the mess they make with fireworks) in addition to the ticket to save the City money on clean-up. Q: Where does the money from the $250 fine go? A: Into the court system which will generate revenue for the City. It does not go to the WFD. Action taken: Received and filed. NEW BUSINESS CON2018-00015 Dave Yearout, Principal Planner, MAPD, presented an application for a Conditional Use Permit to establish a sand extraction operation with associated recycling of rock on property zoned SF-5 Single Family and generally located on the west side of South Clifton Avenue south of 55th Street South (5601 S. Clifton Ave.). The applicant is Jay Russell, JRD, LLC. Planning staff recommended the request be approved subject to listed conditions. The DAB heard the request so that Wichita residents had an opportunity to express their concerns. There were 15 citizens (denoted by an asterisk in the “Guest List” at the end of the Minutes) affected by the operation that spoke for three minutes each in protest against the operation. Russ Ewy, agent of the applicant, was in attendance and answered questions. After staff presentation, DAB members and residents in attendance had many concerns:  Despite regulations and preventative actions to mitigate dust there will be significant dust produced by this operation. The dust will have a negative impact on the surrounding residents’ quality of life in the following ways: • Various health hazards and exacerbation of pulmonary health conditions due to inhaling dust particles • Corrosion of paint on homes and vehicles • Inability to use yards and outdoor space due to dust creating an unfavorable environment • Children at a nearby school will be exposed • Poor air quality  There will be significant damage to the local roads as they are not equipped to handle the traffic frequency and weight of the trucks and machinery involved in the operation. Tax- payer dollars will go toward fixing the roads.  Residents are responsible for “policing” compliance as cases for compliance are driven by complaints and compliance checks are not done proactively.  Residents are reporting compliance violations on the current operation and lack faith future operations will be compliant with listed conditions.  Property value will decrease due to unfavorable conditions produced by the operation.  The operation possibly violates a restrictive covenant placed on the property that does not allow for salvage operations. 4  District III Advisory Board Minutes for April 4, 2018  Noise of the operation is disruptive.  There is no clear timeline or finish date for the operation.  The past development plan of the area was abandoned and residents have no assurance this development plan will be completed.  There is potential for water contamination.  The current operation is not maintaining the property. Action Taken: Motion made by LOOP to DENY the application with the Staff Report conditions. Seconded by DAVIS. MOTION PASSED 7-0-1 PUBLIC AGENDA Off-agenda items None BOARD AGENDA Council Member Clendenin reminded the group of the Law Enforcement parade on Saturday, April 7. Meeting was adjourned at 10:32 p.m. The next District Advisory Board III meeting will be held at 6:30 p.m., May 2, 2018, at the WATER Center, 101 E. Pawnee, Wichita, KS 67211. Guests Sedgwick County Commissioner Jim Howell* Megan Miller* Patrick Kuhn* Patricia Resser* Dale Kuhn* Greg Evans Elena Ingle Steve Reeves* Michael Log Rustin Atkeisson* Sheri Johnson Deburah Reeves* Vernie Woolard Janie O’Brien* Robin Smith Cindy Halloran* Richard Hill* Sirr Harryman* Tom S. Shelly Dunnegan* Betty S. Jacob Reeves* Charlott Harryman Addie Reeves Jeff Miller* Respectfully submitted, Maddy Campbell, Community Services Representative of District III 5