District 6 Advisory Board

District VI Advisory Board Minutes www.wichita.gov Monday Evergreen Branch Library March 5, 2018 2601 N. Arkansas, Wichita, KS 67204 6:30 p.m. Conference Room The District VI Advisory Board meeting was held at 6:30 p.m. at the Evergreen Branch Library conference room, 2601 N. Woodland, Wichita, KS 67204. There were 10 District Advisory Board members, the Council Member, 12 staff members and approximately 60 members of the Citizen in attendance. Members Present Staff Present James Deckard Dave Yearout, Metropolitan Area Planning Department Angela Martinez Officer Steve Jerrell, WPD Linda Matney Officer Jesus Soto, WPD Denise O’Leary-Siemer Officer Nate Schwiethale, WPD Gisela Peña Officer Francisco Tejeda, WPD Shaun Rojas Shawn Mellies, Citizen Works Engineering Deborah Sanders Matt Williams, Metropolitan Area Planning Department Lorenza Snyder Mary Hunt, Metropolitan Area Planning Department Carrington Thom (Youth member) Three WFD firefighters Joel Weihe Janet Johnson, Office of Community Services Council Member Cindy Claycomb Members Absent Guests Gregory Boyajian Listed on last page Call to Order Council Member Cindy Claycomb called the meeting to order and introduced the DAB’s new Youth Member, Carrington Thom. Approval of Minutes The minutes for Feb. 5, 2018, were approved. Motion passed (9-0) Citizen Agenda Scheduled items: No items Off-agenda items: Alan Trenary, North Riverside Neighborhood, noted that Wichita has a lot of trash laying around and he is making an effort to pick up as much as he can; he encouraged others to do the same. Staff Reports Community Police Report: Officer Nate Schwiethale, WPD Patrol South, reminded everyone that last time he reported at DAB VI there was a question about whether the cameras in Old Town had actually decreased crime, or just moved it outside the range of the cameras. He said the crime analyst ran the numbers and crime has not gone up on the periphery of Old Town – it has remained steady, while crime in Old Town has gone down.  March 5, 2018 Officer Francisco Tejeda, WPD Patrol West, reported WPD will be participating in the Rescue Exhibit at Exploration Place as time allows. He also reported that all Community Police Officers will be working the downtown area during the NCAA tournament and that the St. Patrick’s Day Parade in Old Town is scheduled for March 17th. Officer Steve Jerrell, WPD Patrol North, said he is being plagued with car break-ins, which are very easy to take care of: “don’t leave any valuables in your car.” A citizen asked if there were any updates on the two burned up cars that were in Riverside. Officer Tejeda said those appear to be an anomaly as there have been no related crimes, and there is no physical evidence or leads to pursue. Fire Department Report: Fire staff reported they had fought several fires throughout the day and reminded everyone to be extremely careful and cognizant due to the extreme fire danger caused by dry conditions and wind. Action Taken: Receive and file New Business Hoover Road Multi-Use Path from Zoo Boulevard to 29th Street North Shawn Mellies, Citizen Works and Utilities, presented a design concept prepared by TranSystems for a multi-use path along the east side of Hoover Road between Zoo Boulevard and 29th Street North. Challenges addressed during concept development include placement of the sidewalk outside of the open ditches and how get to get pedestrians across Zoo Boulevard. This project is one phase of a larger project to extend a multi-use path from Sedgwick County Park/Zoo to the City’s Crystal Prairie Lake Park. In order to construct the path away from the existing drainage ditch, right-of-way will likely be needed in various locations from adjacent property owners. Construction is planned for late 2018 with completion in early 2019. The 2017 Bike Enhancement Projects budget was approved by the City Council on July 19, 2016, for the design and construction of multiple bicycle facilities, including this project. The funding source is General Obligation Bonds. Funding is available in the approved budget of $1,603,010 for final design and construction of this project. Mellies indicated a portion of the project would be paid for by a private developer. Questions/Comments from the DAB and the Citizen: DAB: Will the Hoover Road Improvements include an on-street bike lane? Mellies: There is currently nothing in the CIP for Hoover Road Improvements. DAB: Does the path design include any rest areas? Mellies: No Citizen: On-street bike lanes are much safer; every drive across a multi-use path is just like an intersection and just as dangerous. Citizen: How big is the housing development there going to be? Mellies: I don’t know. Citizen: I farm the land right along this path and I have farm equipment and semi-trucks coming in and out of there all the time. I was told if the path is damaged, then I’m liable for repairs. I’m also worried about my liability if anyone were to be injured. Citizen: I live along here and this “path” is basically a road. With it being on the inside of the ditch it ends up about 20 feet from my front porch (He passed out photographs to the DAB members).  March 5, 2018 DAB: Could the path be put on the other side of the street? Mellies: We looked at that and it’s problematic and would also require the purchase of more right of way. DAB: What is the purpose of the path? Mellies: To connect the two parks. Action Taken: O’Leary-Siemer/Matney made a motion to recommend approval of the design concept. Motion failed 3-6. CON2018-00005 – Conditional Use for a wireless communication facility Dave Yearout, Metropolitan Area Planning Department, presented the application for a conditional use to allow the placement of a 100-foot cell tower for T-Mobile on property located south of 13th Street North on the east side of Bitting Avenue, on land adjacent to the Little Arkansas River. This property is zoned LC Limited Commercial (LC). The location is outside the area authorized for administrative approval of wireless communication facilities by the Wichita Wireless Communications Plan; therefore, the Unified Zoning Code requires a Conditional Use for a wireless communication in the LC District at the proposed location. The applicant has provided a site plan for this location that shows the location of the proposed 100-foot tower being within the 30-foot by 55-foot fenced compound on the eastern edge of the subject property, which is the lease area on this lot. A six-foot, wooden privacy fence is proposed on the north and east sides of this compound. Access to the lease site will be from a drive entrance onto 13th Street. The only other “screening” is to be from the existing trees to the east and north of the tower site and the older buildings on-site. This will be a monopole structure of a neutral color, much like other towers within the community. Another communication tower exists in the area; a 150-foot lattice tower on the north side of North High School at is approximately 1,450 feet to the north of the proposed location. That tower was approved by the Board of Zoning Appeals in Case No. BZA24-96 in February, 1997. This location is within the vicinity of properties or area that have been designated as historic or are eligible as historic. It is noted for the record the 1997 approval for the 150-foot tower at North High School included approval of the Wichita Historic Preservation Board for the tower. Any impacts associated with the location of the proposed tower at this site because of the designations noted above are addressed through the review process by the federal officials that permit the facility through other rules, regulations, procedures and laws. These issues are not a factor in the zoning decision and, in accordance with current state laws, cannot be used as a factor under the application of the zoning laws. Yearout explained the protest petition process and where citizens can file a protest. He also explained that State Statute (KSA 66-2019) removes the municipality’s ability to restrict tower placement. Greg Ferris, Ferris Consulting and agent for the applicant, showed a Power point that included professional simulated photographs of what the tower would look like at this location, as well as information on towers in general and other locations that had been considered but weren’t suitable. The DAB members and citizens had the following questions/comments: DAB: Why can’t the applicant find a more suitable location? Yearout explained the conditions that are necessary to support a wireless tower.  March 5, 2018 DAB: At one point we heard a presentation that they were going to start using the micro bursts on phone poles, what happened to that? DAB: Why are we even hearing this if State law dictates placement? DAB: How is the need established for towers? Yearout: They use models that measure the coverage area, dropped calls, connectivity, etc. DAB: Won’t this interfere with the walking path? Yearout: No. DAB: Why can’t it go in Woodland Park? Ferris: It’s too far north. Citizen: There is no cell service at North High. With all that’s going on, it’s important they have cell service; it’s a quality of life issue. Citizen: She provided maps of the City’s Wireless Communication Plan and stated the proposed location isn’t in accordance with the Plan. She also talked about the Historic significance of the area and how a cell tower will negatively impact the “charm” of the area. Citizen: Riverside is special and not a good location for the tower. The investor who owns this property wanted to put in apartments and now he wants a cell tower. He just wants money. Citizen: Why not put it at North High since there’s one there already and then North High can collect the rent. Citizen: The owner purchased this property as an investment. She said her research indicated the owner could make up to $2,000 per month on the cell tower. She said the proposed placement is next to three historical locations and you can’t put a price tag on nature. Citizen: I am an immediate neighbor to this property and I disagree with the photo simulation. The trees there are more like 30’, not 80’. I was a realtor and cell towers do cause property values to go down. It isn’t fair for a guy who hasn’t done anything for this neighborhood to put this in here just to make money. Citizen: This is a zoning change and it stays with the property. She suggested several alternative locations. Yearout: The property is already zoned LC and can be used for anything that falls under limited commercial. The condition use is for the cell tower only, no other use. Citizen: When we moved back to Wichita, I specifically selected the Riverside area to purchase a home. As a family physician, I know these towers do have an impact on health. The electromagnetic radiation has a negative impact on health. Citizen: Have any cell towers been denied in Wichita? Yearout: Yes Citizen: If a tower is no longer useful, how do you get it removed? Ferris: The City has a de-commissioning process. Citizen: The owner can remove the trees that are supposed to camouflage the tower at any time. Citizen: The applicant has a cynical disregard for our neighborhood; you (DAB) are our voice.  March 5, 2018 Citizen: Mead Island has historical significance and the tower would impact the wildlife there. Citizen: Why can’t T-Mobile use the one at North High? Ferris: We evaluated that location and it isn’t suitable for this project. Citizen: A cell tower has never been allowed in the river corridor. I would like to think that City Planning would preserve the river. It’s not the City’s job to resolve the applicant’s problems. Citizen: We already lost our neighborhood pool and now the City wants to put a cell tower in our neighborhood. Bats live on Mead Island and the tower will impact them. I would like for the City to conduct an environmental assessment before allowing the tower. Citizen: It’s a shame that the applicant bought this property. He owns a lot of property in Planeview and he is a terrible landlord. Go drive through Planeview and see what it looks like there. Citizen: The City Rep already said there’s nothing we can do. The applicant is angry and so he’s trying to do this. I want the City to adhere to its river corridor policy. Citizen: Why isn’t the applicant here? Ferris: Because this has nothing to do with him. Planning staff recommended that the request be approved subject to the nine listed conditions. Action taken: Sanders/Deckard made a motion that the request be denied based on several of the Golden Rules. Motion passed 8-1. Delano Neighborhood Plan: 2018 Matthew Williams, Metropolitan Area Planning Department, presented The Delano Neighborhood Plan: 2018. The plan is a community-wide vision for improvements and development in the Delano neighborhood for the next 15 years. The plan outlines 11 recommendations for continued revitalization of the Delano neighborhood through efforts focused on preserving the area’s charm, creating unique places, and enabling development. The following suggestions were noted by DAB and citizens:  The plan should preserve green space and limit brick and concrete  The speed limit on Douglas in Delano should be reduced to 20 mph  McLean should be two-lane all the way from Maple to Central Action taken: Deckard/Sanders made a motion to recommend the Plan be approved. Motion passed: 9-0 The next DAB VI meeting will be held at 6:30 p.m. on April 2, 2018, at the Evergreen Branch Library, 2601 N. Arkansas Wichita, KS 67203. ADJOURN Meeting was adjourned. Respectfully Submitted, Janet Johnson Division Manager Office of Community Services  March 5, 2018 Guests Johanna Hutmacher Alan Trenary Larry Osterhout Marc Haynes Niki Christopher Barbara Hammond Susie Cunning Bill Carp Joy Carp Mark Bauer Trina Bauer Jeremy Johnson Hamid Bakhtiari Gary Wagner David Bollenback Robert Collins Elizabeth Winterbare Joe Backhus Kent Williams Susan Carp Jeremy Libby Amber Libby Bill Anderson Crystal Rowell Paula Cody Nadine Deardorff Dawn Ferguson Clayton Pearson Amy Zavala Garnsey Caro Agosta Marty Smith Teddi McCullough Mike Wilson Beth Harshfield Allison Herring John Brungardt Deb Kinkor Tom Brown Chris Brown Vincent Hancock Kristin Thom Amanda Brader Kathy Dittmer Joann Ryan Greg Ferris