District 4 Advisory Board

District IV Advisory Board Minutes October 01, 2018 www.wichita.gov The District IV Advisory Board meeting was held at 6:30 p.m. at the Alford Library at 3447 S. Meridian, Wichita, KS 67217. There were ten (10) District Advisory Board members in attendance. Councilman Blubaugh officiated. There were four (4) City Staff, and over thirty- seven (37) members of the public present. Members Present Guests Kit Corby Sheryse Navarro Michael Gomm Steve & Robin Howerton Ray Hall Joe & Ruby Tobey Stephanie Hartman Susan Smith David Kapaun Lynn Tobes Alex Martinez Gilbert & Sharon ? Don McManamey Rob M Peterson Jonathan McRoy Bob Nelson Jason Platter Pat Hall Rebecca Robertson Byron Barrentez Vicki Fisher Members Absent Judy Kirkland Matt Lashley Linda Beery Gerri Ford Council Member Barbara & Joseph Jones Jeff Blubaugh Jan Marple Joyce Hunt Staff Present Jim & Peggy Thompson Rebecca Fields – Community Services Dist. 4 Roger Runft Chief Tammy Snow – Wichita Fire Department Andrew Sparkman Lt. Matt Schulte - WFD Willie Mae Johnson Officer Perkins – Patrol West Rusetta Blackmore Officer Recio – Patrol South Emily Walsten Dave Yearout Kyle Walsten Suzie Blasi Guests Logan Mills Christopher Parisho James Bishop Chloe Parisho Richard Kinney Marilyn Bower Vincent Hancock ORDER OF BUSINESS At 6:30 p.m. Councilman Jeff Blubaugh opened the DAB meeting and called the meeting to order. He then asked everyone to stand for the Pledge of Allegiance. Page 1 of 10  District IV Advisory Board Minutes October 01, 2018 www.wichita.gov Councilman Blubaugh proceeded with the agenda and asked approval for the October 01, 2018 agenda. DAB Member Kit Corby made a motion to approve and DAB Member Jonathan McRoy gave a 2nd. Motion was approved 10/0. The next item was approval for the September DAB meeting’s minutes. DAB Member Jason Platter motioned to approve and DAB Member Alex Martinez gave the 2nd. Motion was approved 10/0. STAFF REPORTS Councilman Blubaugh asked for the Fire Report be given first, and Lt. Matt Schulte stated that District 4 had 19 fire alarms, 41 service alarms, and 494 medical alarms for a total of 554 incidents. There were two (2) actual fires; one was accidental dues to using glue near a heat source. This caused $7,000 in loss. Another was due to the misuse of fireworks being placed in a plastic tub and set off, causing the tub to catch on fire. There was no loss to this property on south Vine Street. Lt. Schulte reminded everyone that when using fireworks, grills, or any other type of flammables that a water source should always be nearby so that the fire can be quickly doused. Lt. Shulte then announced that the Fire Department had received a “Safer Grant” in the amount of $1.5 million for three (3) years that would allow the purchase of a new truck for Station 18 and 12 new firefighters that will help service northeast Wichita. Further, the Fire Department has acquired a trained search and rescue dog, Sailor, to assist in structural fires. Lt. Schulte reported that WFD held their annual “HOT” Training on September 22nd. This is an annual fire training conference that offers high-quality low-cost training to firefighters from across the nation and Canada. This year marked its 12th year. In addition, WFD hosted the state’s Fallen Firefighter Memorial. Councilman Blubaugh thanked Lt. Schulte and then asked for the Police reports. Community Police (CP) Officer David Perkins, Patrol West, stated that from September 3 to October 1 there had been 18 residential burglaries and 3 commercial burglaries in the District 4 portion of Patrol West. Larcenies to autos had increased and from September 17 to September 23 there were 42 larcenies to autos. There had also been 6 auto thefts not recovered during the same time period. Officer Perkins then stated that there have been new parking signs implemented at the Stanley Aley School where there had been some major incidents with parents picking up children. There is an upcoming block party sponsored by West Side Church of God, 1900 W McCormick. This will take place on October 6 from 4 pm to 7 pm. It is a free event. The block party will be held in the 1900 block of Munnell. Safe Treats in Delano is coming up on October 26, and then Officer Perkins reminded everyone to be on the lookout October 31st for the trick- or-treaters that will be out that evening. Page 2 of 10  District IV Advisory Board Minutes October 01, 2018 www.wichita.gov CP Officer Alex Recio, Patrol South (299 beat), then gave his report. He first presented the Patrol South District 4 list of larcenies that occurred in September 2018. This list was passed around to all of the DAB Members. There were a total of 200, including 68 larcenies from autos. There were also 12 auto thefts and 15 burglaries (8 residential and 7 non-residential). Patrol South is working with Patrol East on a special assignment in an attempt to catch a commercial burglar. Officer Recio then warned everyone to keep valuable items in yards out of sight, especially anything that is metal since metal items can be sold as scrap. Councilman Blubaugh next called for the Library Report. Robyn Belt, Manager for the Alford Branch Library, reported that Alford’s gate count for September was 6,458 visits, and Alford’s circulation count for September was 10, 907 items. Ms. Belt further stated that this month marks the beginning of the Big Read, which starts today, October 1st and runs through November 15th. This year’s title is Station Eleven, by Emily St. John Mandel. The novel is set 20 years after a devastating flu pandemic destroys civilization as we know it. A woman moves between the settlements of the altered world with a small troupe of actors and musicians until they encounter a violent prophet who threatens the tiny band's existence. Over 60 programs are scheduled this month to coincide with the Big Read, including book discussions and survival courses. Details can be found at bigreadwichita.org. If you or someone you know is looking for a job, we (the library) have partnered with Workforce Alliance of South Central Kansas for a Job Fair to be held on Thursday, October 11th. Applicants should bring their resumes and come prepared to meet directly with prospective employers. All Wichita Public Library locations will be closed next Monday, October 8th for an all-staff In- Service. PUBLIC AGENDA NONE NEW BUSINESS First on the agenda was RESULTS OF FIREWORKS ORDINANCE ENFORCEMENT 2018. Chief Snow presented this interesting report with a PowerPoint presentation and began by stating that the enforcement took place on the dates of July 3rd and 4th from the hours of 8:00 pm until 2:00 pm. The general fireworks that are banned included bottle rockets and anything that shoots higher than 6 ft. This basic ordinance has been in effect for longer than Chief Snow has been with the Fire Department, but up until this year it had not been actively enforced. The PowerPoint reported that 22 teams patrolled the City each night. Dispatch received 1,437 fireworks complaint calls this year and 51 reported injuries due to fireworks, an increase of 15. Fireworks related incidents went up by 17 this year. Dollar loss due to fireworks related incidents was down, and 138 citations were written. Through a citywide map that was on the PowerPoint, Chief Snow was able to show the guests and DAB Members where the citations were issued, with District 4 having the highest number of Page 3 of 10  District IV Advisory Board Minutes October 01, 2018 www.wichita.gov citations. In fact, the first night (July 3rd) Chief Snow stated that she spent the entire 6 hours of enforcement time in one mobile home park. There were many safety concerns for the Firefighters and WPD Officers that were on the enforcement teams due to alcohol being involved in many of the incidents. Chief Snow showed a short video that was recorded by an angry group of people who were threatening the enforcement teams made up of one Firefighter and one Police Officer. It was summarized that in order to be more effective in this endeavor, more teams would need to be added for future efforts. However, the enforcement efforts did net a total revenue of $20,583 not including the $20,000 in fines that are still being collected through municipal court. After the presentation Chief Snow asked if there were questions. The following questions were asked by guests and Council Members: Q. Why didn’t more employees volunteer for the enforcement teams? A. This was partly due to the public’s perception of firefighters being the “good” guys, and that writing tickets for fireworks would cause negative perceptions for firefighters and police officers. Q. Do you consider this effort to be effective or ineffective? A. The nights leading up to the enforcement were reported to be quieter, but the amount of fireworks the night before and the night of July 4th seemed to be quite active. Q. Why do people get away with being able to have a payment plan for their tickets? If they can afford fireworks they should be able to afford to pay the ticket. Maybe they should be given jail time. A. I don’t know the answer to this, but I do know that the jails are already overcrowded. Councilman Blubaugh then asked the attending guests how many would want to keep the enforcement going? Approximately half the audience raised their hands. Then Councilman Blubaugh asked how many would like the city to allow one night of all fireworks, whatever you want? About half the audience raised their hands. Councilman Blubaugh then conceded that this has been the average consensus since he became a City Council Member. Q. If no one else in the state enforces the 6 ft. rule, why does Wichita? A. This ordinance has been in effect for so long that we are not sure how old this ordinance is. It just hasn’t been enforced until now. Councilman Blubaugh then commented that he does receive lots of emails that are against fireworks that continue to interrupt people’s sleep as well as the dangers of starting fires. Q. How can you create more enforcement teams when there is already the issue of increased property crimes? A. The Wichita Fire Department has actually generated income for their enforcement and they know who their specific targets are. Page 4 of 10  District IV Advisory Board Minutes October 01, 2018 www.wichita.gov The person who asked this question then commented that they did not think the Wichita Police Department leadership is working. There were no more questions and Councilman Blubaugh thanked Chief Snow for her time and service. Next on the agenda Dave Yearout, Principal Planner with MAPD, presented CUP2018-00038. The applicant, Abdul Arif, is requesting the creation of the Lawrence’s Addition Community Unit Plan, DP-348 on property currently zoned LC Limited Commercial. The site is platted, but currently the ground is vacant. The site is located at the northeast corner of West University Street and South Seneca Street, a paved local road and a paved arterial respectively. The CUP included the following requests:  Permitted uses: All uses in the LC District with the exception of Nightclub in the City.  The development shall be limited to 160 SF of signage along University Avenue with a max allowable height along the frontage of 60 feet.  The CUP requests a front setback of 0 feet, a rear setback of 10 feet and an interior side setback of 0 feet. The proposed development has been reviewed by the Delano Advisory Committee (Staff Report and notes attached). The advisory committee recommended the proposed pole sign must meet the sign code for the underlying LC zoning district. DAB Member Jonathan McRoy asked if he knew what they were wanting to build there. Mr. Yearout explained that the applicant is not required to disclose what they are building as long as it meets the City’s zoning ordinance. DAB Member Dave Kapaun remarked that he is very familiar with this area and that this particular parcel has been vacant for 10 – 15 years. Nearby is a business that has been closed for quite some time, the Copper Cue, and he said that a new development will bring new business to this area. Councilman Blubaugh then asked if there was anyone from the public that would like to speak on this matter. Resident Chris Parisho stood up and stated that he attended this development request several months back, and is a member of the Delano Neighborhood Association. He pointed out that the requested sign would be three times taller than the ice rink’s sign. Mr. Parisho also stated that should this developer still build a site for a Tight Ends Sports Bar that he now has a petition with over six hundred (600) signatures against having such a business in the Delano Neighborhood. Mr. Parisho is aware that this petition is not a valid MAPD petition, but that it reflects the desires of the neighborhood in general. Andrew Sparkman, another Delano neighborhood resident, stood and voiced his concerns that a sign that might be advertising Tight Ends Sports Bar and would be advocating the continued mistreatment of women and sexual assaults. Page 5 of 10  District IV Advisory Board Minutes October 01, 2018 www.wichita.gov The President of the Delano Neighborhood Association, Vincent Hancock, then spoke and stated that this issue came before Delano United and it was stated in that meeting that the sign would be the size of the current ice rink sign. As for the proposed Tight Ends Sports Bar, the Delano Neighborhood Association is taking no position due to a mix of residents who care, who do not care, and those that say if you don’t like it then don’t go there. The next speaker, Marilyn Bower, another resident of the Delano neighborhood, relayed that having such a bar in the Delano area would be a problem for many families and residents. Ms. Bower stated that when the area was originally proposed for a development that it was for a grocery store, but then it was for a proposed restaurant, and then another restaurant, and that it keeps changing. She is definitely against having a huge sign installed for this development. Councilman Blubaugh then asked if the agent for the developer was in attendance. There was no response, and Councilman Blubaugh told the audience and board members that the Vice Division of the Wichita Police Department will be following the sports bar very carefully should this be built on the property in order to assure that the waitresses would be clothed appropriately within the law. DAB Member Dave Kapaun mentioned again that he lived in this area at one time and that there were many churches in the area as well as the Masonic Home across the street from the development and a nearby Christian college. Mr. Kapaun motioned to deny the request and DAB Member McManamey gave a second motion. But before there was a vote, Mr. Yearout with MAPD pointed out that even though a petition was being passed around to prevent the building of the Tight Ends Sports Bar, that this was not a valid petition and did not have anything to do with this particular case. He stated that in order to have a valid petition that there was a form on line and that the deadline date for the petition would actually start after the MAPC hearing that was scheduled for this coming Thursday at 1:30 pm. Mr. Parisho pointed out that he knew this, but that the petition was effective in showing the City Council the majority of the neighborhood’s wishes. DAB Member Rebecca Robertson said that she was not in favor of Tight Ends, but that she was adamantly against allowing a 60 ft. sign to be installed next to Kellogg. DAB Member Kit Corby agreed that this was not a good idea. DAB Member Jason Platter asked if they had to specify the tenants going into this development, and the reply was no, they don’t as long as the tenants meet the required City ordinance for LC (Limited Commercial). Mr. Parisho spoke up and said that it’s the sign that would set a new precedent and that it should not be any taller than the current ice rink sign that is in place. It was then a substitute motion was made by Rebecca Robertson to approve CUP2018-00038 EXCLUDING the request for a 60 ft. sign. A second motion was made by Jason Platter. The motion passed 10/0. Page 6 of 10  District IV Advisory Board Minutes October 01, 2018 www.wichita.gov Dave Yearout then presented ZON2018-00039. The applicant is requesting the rezoning of the subject property from SF-5 Single-Family Residential (SF-5) to Limited Industrial (LI) in order to allow future industrial development of the property. The subject property is presently unplatted and occupied by some agricultural buildings according to the Sedgwick County Appraiser’s Office records. The 10.5-acre property is presently zoned SF-5 Single-Family Residential (SF-5). The zone change to Light Industrial (LI) is requested to allow future redevelopment of the property for limited industrial uses. Mr. Yearout handed out the Protective Overlay For Zone Change – Zon2018-39 for the DAB Members to review. DAB Member Don McManamey spoke up and stated that he is a member of the church that is at 601 W 47th St South, but is accessed by Laclede Ave. just to the west of the proposed property. Mr. McManamey is concerned about the church having to pay for any specials incurred by any road or water/sewer improvements that might be implemented by the future development of the proposed case. Mr. Yearout explained that the church would have to be included in the platted case to be a part of any imposed specials. Mr. Yearout further commented that he could not find the history of when Laclede Avenue was even platted, and Mr. McManamey stated that the church has been there since 1954. It was assumed that this was in the county at one time and annexed by the City. An agent with Baughman Company was there, Russ Ewy, who replied that there was no foreseen need to access Laclede Ave., and that Mr. Lange, the developer, would not want to absorb any costs either to have Laclede paved. As the agent for Mr. Lange, they were simply asking for a change of land use. Mr. McManamey then asked about visuals and noise that might be incurred from the future development of this property. Mr. Yearout replied that the current vegetation on the property along Laclede would be left in place in order to reduce noise and act as a natural screen. This will come up again once a building plan is presented for this property, and at that time there could be other changes and conditions required. The zone change is the first step for platting that starts the process for accesses, utilities, storm water drainage, etc. Mr. Jan Marple, a guest, asked when the MAPC hearing would be held, and Mr. Yearout told him it will be on October 3rd at 1:30 pm. (Disclosure: A letter was sent out by MAPD on September 25, 2018 that informed pertinent parties that the case was to continue until the October 18th MAPC meeting in order for the applicant’s agent to prepare a proposed Protective Overlay. Rebecca Fields sent emails to Mr. Marple and Don McManamey informing them of the correct date. Another man spoke on this, “Jake”, but he did not sign in and therefore no way to reach out to him.) Mr. Marple then asked if 47th St does not work for their access, does that open up the possibility of Laclede being their access. And if so, would the church have to pay for half of the road to be paved? The agent, Mr. Ewy, stated that the project will access 47th Street and maybe even south onto McLean that is platted on the east side of the property. Having the property owners that use Laclede being against using Laclede, a vote against using Laclede as an access would block possible access onto Laclede. Page 7 of 10  District IV Advisory Board Minutes October 01, 2018 www.wichita.gov A guest, Jake, then stated that he lives near Celebrity Cruises, north of 47 th Street. He is opposed to the zone change. Jake stated that commercial properties to the east already produce a lot of noise. SF-5 would enhance the neighborhood, but not knowing what is going to be on the proposed zoned property could be a problem due to current heavy traffic on 47th Street. He then mentioned that Mr. Lange has been developing 13 square miles (Crossgate) and that he should look for properties within the boundaries of Crossgate. Jake is opposed to the zone change. At this time, DAB Member Michael Gomm made a motion to approve the request with protective overlay, and DAB Member Dave Kapaun gave a 2nd motion. The motion passed 9/1. (Rebecca Robertson did not approve the motion) OLD BUSINESS ZON2018-00024: A City Zone Change from SF-5Single Family Residential (SF-5) to TF-3 Two Family Residential (TF-3) on Property Generally Located West of 135th Street West and North of US Highway 54/400. This case was originally heard at the August DAB 4 meeting, followed by the presentation to the City Council on September 4, 2018. Council Member Blubaugh stated he has had several people contact him via email or showing up at the DAB meeting and he has met with the applicant as well as the owner of the property. He stated his DAB felt like they just did not have a good understanding as to what the plan was to go forward with this request. Councilman Blubaugh also stated he personally feels like it is probably a good property for this type of development because it is surrounded with patio homes and commercial property, but at the same time it does back right up to private homes. CM Blubaugh stated he would like an opportunity to take it back to his DAB again and better explain it. Therefore the action taken at that City Council meeting was to defer a vote on this case until October 9, 2018. Logan Mills, agent for the applicant, Jim Edgington, was in attendance and had a PowerPoint that was brought up on the overhead screen so that he could convey the intent of the applicant. Mr. Logan pointed out that there were two other nearby areas that had been zoned TF-3. The west end of the parcel owned by Mr. Edgington would have 2 or 3 single family homes and the twin homes would take up the remaining parcel. The development would be for ages 55+ and there would be an established HOA that would take care of all lawn mowing and the proposed pond that would be the central focal point. DAB Member Dave Kapaun asked if there was any current construction to the north of this site. Councilman Blubaugh said that there were patio homes to the north and patio homes being built across 135th St West in a new development. Page 8 of 10  District IV Advisory Board Minutes October 01, 2018 www.wichita.gov Mr. Mills then stated that the lots for the twin homes would be open for other builders, and that the price point of those homes would be up to the builder. He reminded everyone that a zone change does not need price points or building plans. DAB Member Kit Corby was concerned that there would need to be a restricted covenant and DAB Member Stephanie Hartman agreed, stating that there should be some conformity and price minimums established. DAB Member Don McManamey added that we had the same concerns the first time we heard this matter when the owner did not have a definite plan. Logan Mills reminded everyone that the first step to the planning of this parcel is to get the zoning changed. Guest Roger Runft then stood and stated that Mr. Edgington didn’t even have plans for his own home that Mr. Edgington said he was going to build on this parcel. Further, Mr. Edgington is not a builder and cannot answer any of their questions. He has no experience and needs to be truthful about what or who he is actually fronting for. The area residents would like transparency from him. Mr. Runft then stated that they did not want rental properties on their site due to the problems that come with rental properties. DAB Member Michael Gomm took offense to this stating that he is a landlord and that he feels that Mr. Runft is slandering landlords by his statement. Mr. Gomm said that there are many renters in Wichita who live in top quality properties. Susan Smith who lives on Montecito Lane, north of this parcel, commented that neighbors of nearby TF-3 zoned areas are complaining about constant rental signs up at the area to the west of Auburn Hills and that there is always trash on these properties. Guest Suzie Blasi, whose home backs up to the proposed property, said that she spoke the last time that the DAB heard this issue and that she is still against the zone change. She states that she has worked extremely hard for her nice home and continues to work as a nurse in order to support living in her home. She asks that the property remain SF-5. Agent Mills replied that even single family homes can be rented out. Councilman Blubaugh then stated that he spoke to the Mayor about this particular case. They both think that TF-3 is a good fit for this area. That it is close to Kellogg and on the south end of Auburn Hills. There is commercial property directly across 135th Street and there are nearby patio homes being built. At this time, DAB Member Stephanie Hartman motioned that the zoning be approved with a restrictive covenant (HOA). DAB Member Jason Platter gave a 2nd motion. The motion passed 9/1, with DAB Member Michael Gomm rejecting the motion. Page 9 of 10  District IV Advisory Board Minutes October 01, 2018 www.wichita.gov BOARD AGENDA Councilman Blubaugh then moved to the Board agenda and presented DAB Member Dave Kapaun with his DAB 4 Certificate. Councilman Blubaugh said that Dave had previously served for three (3) years, and was now back on the board. DAB Member Rebecca Robertson stated that a recent business owner from Savannah, GA had commented to her how clean Wichita was in comparison with other cities. DAB Member McManamey agreed, stating that Wichita is much cleaner than most cities back East. At 8:48 pm DAB Member Stephanie Hartman made a motion to adjourn the October 1, 2018 DAB IV meeting, and all remaining DAB Members gave a 2nd. The motion passed unanimously. Page 10 of 10