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District 3 Advisory Board

Regular Meeting

Wichita, KS · July 2, 2018

AgendaMinutes

Minutes

District III Advisory Board Minutes for July 2, 2018 District III Advisory Board Minutes July 2, 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, seven District Advisory Board members, six City staff, and eight members of the public were present. Members Present Staff Present Jerrod Cerillo Michelle Cole Rucker, WSCCAP Program David Robbins Manager Marco Alcocer Dave Yearout, Principal Planner, MAPD Ron Tracy Mary Hunt, Principal Planner, MAPD Paul Davis Sean Sandefur, Budget Analyst, Finance Michael Loop Mark Manning, Budget Officer, Finance Gerald Henry Maddy Campbell, Office of Community Services Council Member James Clendenin Members Absent Bruce Gass Cindy Miles Daisy Olivar Catherine Johnson ORDER OF BUSINESS At 6:31 p.m. Council Member James Clendenin called the meeting to order. The agenda for the current meeting was approved. The Minutes for June 6, 2018 were approved. STAFF REPORTS None PUBLIC AGENDA None NEW BUSINESS Wichita Sedgwick County Community Action Partnership (WSCCAP) Michelle Cole Rucker, WSCCAP Program Manager presented. WSCCAP staff continues community outreach to obtain referrals for the Youth Employment Training Program (YETP-III). The YETP-III program focuses on youth exiting out of Foster care (ages 18-23), and will include training and workshops, case management services, housing opportunities with the Wichita Housing Authority, and links to supportive services leveraged from community partners. WSCCAP was awarded a $30,000 Community Services Block Grant for the program on Oct. 1, 2017. The funds need to be expended by September 30, 2018. Action: Received and filed. 1 District III Advisory Board Minutes for July 2, 2018 ZON2018-00018 & CON2018-00024 Dave Yearout, Principal Planner, MAPD, presented an application on behalf of Mark Ysidro (owner, applicant)/Ferris Consulting, Greg Ferris (agent). The applicant is requesting a zone change from GC General Commercial (“GC”) and SF-5 Single-family Residential (“SF-5”) to LI Limited Industrial (“LI”) and a Conditional Use to permit a wrecking/salvage yard on the rezoned LI portion of the 3.44-acre unplatted tract. The applicant currently owns the wrecking/salvage yard to the north of the subject property (ZON2016- 00022/CON2016-00015) and wants to expand his current wrecking and salvage area to the subject property. The DAB heard the request so that Wichita residents had an opportunity to express any concerns. Greg Ferris, agent of the applicant, was in attendance and answered questions. He commented that the applicant has invested a lot in the area and works hard to meet conditions and stay compliant. He stated the request is to cover more land of an already existing operation that has not received complaints from the community. He referenced the MAPD hearing where there was no opposition. After staff presentation, DAB members and residents in attendance had few informational questions and presented no concerns. Q (DAB): Who oversees compliance? A: Primarily, the code enforcement office and MABCD will respond to complaints. Some things fall under the Health and Environment Department and are complaint-driven. Q (DAB): Will the salvage yard be inspected to ensure oil drippings are not leading to ground contamination? A: They are supposed to pull oil pans out of the cars. Initially when an operation starts, the Health Department does an inspection. Action Taken: Motion made by Paul Davis to ACCEPT the application with the Staff Report conditions. Seconded by Ron Tracy. MOTION PASSED 7-0-0 CON2018-00023 Yearout presented an application on behalf of Gregory M. McHenry Rev Trust (Marea McHenry, trustee) and Marshal C. McHenry Trust (Marshall McHenry, trustee) (owners); Ferris Consulting, Greg Ferris (agent); APC Towers, LLC, Michael Short (tower owner). The applicant is requesting a Conditional Use to allow the placement of a 100-foot tall cell tower for T-Mobile on property located on the east side of Hillside Avenue and north of Pawnee Avenue on property zoned SF-5 Single Family Residential (SF-5). This location is outside the area authorized for administrative approval of wireless communication facilities; therefore, the Unified Zoning Code requires a Conditional Use for a wireless communication in the SF-5 District at the proposed location. The DAB heard the request so that Wichita residents had an opportunity to express their concerns. Greg Ferris, agent of the applicant, was in attendance and answered questions. He informed the group that the tower is buried in a forested area and will be difficult to spot. He said the tower will increase capacity in the area and that the City will get some percentage of the property valuation. After staff presentation, DAB members and residents in attendance had few questions and presented no concerns. 2 District III Advisory Board Minutes for July 2, 2018 Q (DAB): With radiation at the top of these towers, does this put birds building nests at risk? A: I have never seen a bird build a nest on a monopole. There will be so many trees and better options for birds to build nests in this area that I do not see this as a potential problem. Q (DAB): Is the lease renewable? A: Generally we do a five-year lease that renews every five years. A 30-35 year lease is standard. Q (DAB): What happens when/if the tower is no longer needed? A: We are required to restore the land. Action Taken: Motion made by Ron Tracy to ACCEPT the application with the Staff Report conditions. Seconded by Jared Cerullo. MOTION PASSED 7-0-0 2019-2020 Proposed Budget and Proposed Capital Improvement Program (CIP) Presentation Council Member Clendenin spoke about the budget to DAB. CM Clendenin commented that the government has not caught up to current times in regard to revenue. He stated that sales tax is trending downward nation-wide and Kansas is one of three states under-performing. This is putting strain on the City’s budget and leading to the trimming of services. He emphasized the need to put officers on the street to increase public safety and referenced that the city has had 27 homicides this year. He brought up the state law stating the mill levy can be raised for public safety, but said that the City Council is not ready to discuss this option. Projects in the CIP have been pushed out to fund 32 new police positions (phase one of increasing police), though filling those positions will be difficult due to a lack of qualified candidates applying to and graduating from the training academy. CM Clendenin reported the City continues to keep debt below a certain benchmark and is maintaining a good credit rating. A PowerPoint over the 2019-2020 Proposed Budget was presented by Mark Manning and Sean Sandefur. There was robust conversation among the DAB, City staff, and public about ideas presented. CM Clendenin addressed many concerns. He remarked that the City is not eliminating positions in the Fire Department and elaborated on the controversy regarding the budget around the Fire Department. He reported the aim is to save money by becoming more efficient. Other comments and concerns addressed regarded:  Creative ways to increase revenue stream to the government due to effects caused by new technology that has lowered or eliminated past streams of revenue  The recent social media town-hall  Animal shelter operations  Library operations  MABCD code enforcement and the District III pilot project  Street sweeping and street maintenance  CityArts and Cowtown  Operating government as a business PUBLIC AGENDA Off-agenda items Melody Stucky brought up a concern about a recent zoning change request at the Starlite Theatre property. She encouraged the public to remain involved in the conversation and requested that the City consult with the neighboring communities about the zoning case. BOARD AGENDA CM Clendenin informed the group of a public hearing regarding the closure of Clapp Golf Course and encouraged everyone to attend and provide feedback to the Park Board. There was a brief conversation about the golf enterprise system and why decisions were made to close Clapp. 3 District III Advisory Board Minutes for July 2, 2018 The following questions and comments were asked and made: Q (public): What is the difference between maintaining a green space and subsidizing the golf course? A: There is a difference in where the funding comes from. If it is green space, it will be maintained by the Park and Recreation budget. If it remains a golf course, it must be self-sustaining. Q (DAB): Will the Park Board give this land to the City? A: They have no obligation to give it to the City. C (public): I suggest we put the East Patrol substation (police) at Clapp Park. A: We did that here, at Herman Hill Park, with the South Patrol substation and it worked out well. Q (public): If they vote to close Clapp Golf Course, when will it close? A: After all the leagues have finished at the end of the golf season is being strongly suggested, but it is up to the Park Board. Q (public): Would different management of Clapp make a difference? A: We addressed that angle years ago when there was discussion of closing Clapp. Meeting was adjourned at 9:07 p.m. The next District Advisory Board III meeting will be held at 6:30 p.m., August 1, 2018, at the WATER Center, 101 E. Pawnee, Wichita, KS 67211. Guests Sheri Johnson Vernie Wollard Carole Campbell Melody Stucky Lonny Wright George Theoharris Janet Theoharris Greg Ferris, agent Respectfully submitted, Maddy Campbell, Community Services Representative of District III 4

Agenda

DISTRICT III ADVISORY BOARD AGENDA (REVISED) July 2, 2018 Wichita Water Center 6:30 p.m. 101 E. Pawnee Wichita, KS 67211 ORDER OF BUSINESS Call to Order Approval of Agenda for July 2, 2018 Approval of Minutes for June 6, 2018 STAFF REPORTS None PUBLIC AGENDA None NEW BUSINESS 1. Wichita Sedgwick County Community Action Partnership (WSCCAP) Michelle Cole Rucker, WSCCAP Program Manager, will present. WSCCAP staff continues community outreach to obtain referrals for the Youth Employment Training Program (YETP- III). The YETP-III program focuses on youth exiting out of Foster care (ages 18-23), and will include training and workshops, case management services, housing opportunities with the Wichita Housing Authority, and links to supportive services leveraged from community partners. WSCCAP was awarded a $30,000 Community Services Block Grant for the program on October 1, 2017. The funds need to be expended by September 30, 2018. Recommended Action: Receive and file. 2. ZON2018-00018 & CON2018-00024 Kathy Morgan, Senior Planner, will present an application on behalf of Mark Ysidro (owner, applicant)/Ferris Consulting, Greg Ferris (agent). The applicant is requesting a zone change from GC General Commercial (“GC”) and SF-5 Single-family Residential (“SF-5”) to LI Limited Industrial (“LI”) and a Conditional Use to permit a wrecking/salvage yard on the rezoned LI portion of the 3.44- acre unplatted tract. The applicant currently owns the wrecking/salvage yard to the north of the subject property (ZON2016-00022/CON2016-00015) and wants to expand his current wrecking and salvage area to the subject property. Recommended Action: Based upon information available prior to the public hearing, planning staff recommends that the requested LI Limited Industrial zoning with a Conditional Use for a wrecking and salvage yard be APPROVED, subject to the following conditions: A. The Conditional Use shall authorize the operation of a vehicle wrecking and salvage yard. In no event shall the storage or bailing of waste, scrap paper, rags or junk (excluding metal) be permitted in conjunction with this use. B. The site shall be developed in accordance to an approved site plan, which shall be submitted for approval by the Planning Director within 60 days of approval of the Conditional Use. C. The subject property shall be entirely enclosed by a metal panel fence that is not less than eight (8) feet in height and having cracks and openings not in excess of five percent of the area of such fence. The metal panel fence shall be a single color and shall be white, gray, tan or similar non- bright color. Access gates are permitted in the screening fence, but all gates shall be constructed of solid metal panels matching the fence and shall remain closed unless in use. No wrecked vehicles or salvage, including vehicle parts or accessories, shall be permitted for screening purposes or located on or attached to the screening fence. The site shall be developed and operated in compliance with all the other conditions of UZC, Art II, Sec.II-B.14.q. D. The height of wrecked vehicles or salvage, including vehicle parts or accessories, shall not exceed the height of the screening fence and shall not be visible from ground-level view from any public rights-of-way or adjoining properties. E. Salvaged materials are to be piled and stored in an orderly manner such as would be provided by racks or bins. In order to reduce rodent potential, racks and bins shall be elevated so there is at least 18 inches between the bottom of the rack or bin and the ground. Racks or bins shall be a minimum of 48 inches away from any wall, fence, or other rack or bin. Non-rackable material shall be stored with an exposed perimeter or in a manner specified by Environmental Services to prevent rodent harborage and breeding. All stored, wrecked and salvaged vehicles and materials shall be on a surface approved by the Metropolitan Area Building and Construction Department. F. The applicant shall maintain at all times an active program for the eradication and control of rodents. G. Weeds shall be controlled within the salvage area and adjacent to and along the outside perimeter of the screening fence. H. Any locking devices on entrance gates shall meet Fire Department requirements. Access to and within the wrecking/salvage yard shall be provided by fire lanes per the direction and approval of the Fire Department. I. Employee parking spaces shall be provided per the UZC on an area paved with asphalt or concrete. J. Access to the subject property shall be provided for on-going inspections of the site for soil and groundwater contaminants by Environmental Services and other applicable governmental agencies. If the inspections determine it to be necessary, the applicant shall be required to install monitoring wells on the property to monitor the quality of groundwater and shall pay the cost of an annual groundwater test for contaminants as designated by Environmental Services. K. Notification shall be given to Environmental Services of any on-site storage of fuels, oils, chemicals, or hazardous wastes or materials. A disposal plan for fuels, oils, chemicals, or hazardous wastes or materials shall be place on file with Environmental Services. All manifests for the disposal of fuels, oils, chemicals, or hazardous wastes or materials must be kept on file at the site and available for review by the Environmental Services. L. The applicant shall implement a drainage plan approved the City Engineer prior to the commencement of operations that minimizes non-point source contamination of surface and ground water. M. The applicant shall obtain and maintain all applicable local, state, and federal permits necessary for the operation of a wrecking/salvage yard. N. 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 the Unified Zoning Code, may, with the concurrence of the Planning Director, declare that the Conditional Use is null and void. 3. CON2018-00023 Dave Yearout, Principal Planner will present an application on behalf of Gregory M. McHenry Rev Trust (Marea McHenry, trustee) and Marshal C. McHenry Trust (Marshall McHenry, trustee) (owners); Ferris Consulting, Greg Ferris (agent); APC Towers, LLC, Michael Short (tower owner). The applicant is requesting a Conditional Use to allow the placement of a 100-foot tall cell tower for T-Mobile on property located on the east side of Hillside Avenue and north of Pawnee Avenue on property zoned SF-5 Single Family Residential (SF-5). This location is outside the area authorized for administrative approval of wireless communication facilities; therefore, the Unified Zoning Code requires a Conditional Use for a wireless communication in the SF-5 District at the proposed location. Recommended Action: Based upon the information available prior to the public hearings, planning staff recommends that the request be APPROVED subject to the following conditions: A. The applicant shall obtain all permits necessary to construct the Wireless Communication Facility, and the Wireless Communication Facility shall be erected within one year of approval of the Conditional Use by the MAPC or Governing Body, as applicable. B. The support structure shall be a" monopole" design that is silver or gray or a similar unobtrusive color with a matte finish to minimize glare. C. The support structure shall be no taller than 100 feet in height, plus an additional five (5) feet for lightning suppression equipment. D. The equipment compound shall be screened with a six (6) foot tall solid screening fence. E. A site plan and elevation drawing indicating the approved design of the Wireless Communication Facility shall be submitted for approval by the Planning Director within 60 days of approval of the Conditional Use and prior to the issuance of the Conditional Use Resolution. F. The site shall be developed in general conformance with the approved site plans. All improvements shall be completed before the facility becomes operational. G. The applicant shall obtain FAA approval regarding "objects affecting navigable airspace" and "impacts to terminal instrument procedures" for the proposed wireless communication facility and shall comply with all conditions of FAA approval. The applicant shall submit a copy of FAA approval to the Metropolitan Area Building and Construction Department prior to the issuance of a building permit. H. The site shall be developed and operated in compliance with all federal, state, and local rules and regulations. I. 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. 4. 2019-2020 Proposed Budget and Proposed Capital Improvement Program (CIP) Presentation Mark Manning, Budget Officer, will provide an overview of the 2019-2020 Budget. Recommended Action: Provide comments and receive and file. PUBLIC AGENDA 5. 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. Recommended Action: Receive and file. BOARD AGENDA 6. Updates, Issues, and Reports Reports from the Council Member and District Advisory Board Members on any activities, events, or concerns in the neighborhoods and/or Council District. Recommended Action: Provide comments/take appropriate action. 7. Adjournment The next District III Advisory Board Meeting will be at 6:30 p.m. on August 1, 2018, at The WATER Center, 101 E. Pawnee, Wichita, KS 67211.