District 3 Advisory Board
Regular MeetingWichita, KS · April 7, 2021
Minutes
District 3 Advisory Board Minutes
Wednesday, April 7, 2021 • 6:30 p.m.
Virtual Meeting • Zoom and Facebook Live
Video of meeting: https://fb.watch/4K7T9AHNzU/
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Order of Business
The District 3 Advisory Board meeting was held at 6:30 p.m. via the virtual platform Zoom and live-
streamed on the District 3 Facebook page. Council Member Jared Cerullo and 11 DAB members were
present. There were also seven City staff and five members of the public in attendance. Jamie Buster,
Deputy City Clerk, administered the oath of office for the DAB members. The current agenda and minutes
from March 3, 2021 were approved.
Members Present Staff Present
Catherine Johnson Jamie Buster, Deputy City Clerk
Cindy Miles Officer Manny Thompson, Wichita Police
Daisy Olivar Department
David Kapaun Officer Wesley Jensen, WPD
Emily Fogg Battalion Chief Matthew Bowen, Wichita Fire
Gerald Henry Department
Jessica Lucas Sean Jones, Library
Joseph Shepard Matt Williams, Metropolitan Area Planning
Michael Loop Department
Richard Ruth Maddy Campbell, Office of Community Services
Ronald Tracy
Members Absent
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Staff Reports
1. Wichita Police Department
DAB 3 • April 7 2021 • Minutes • Page 1
Officers shared district and city-wide statistics and crime trends and department updates. Staff also
discussed relevant public safety topics and answered questions from the DAB and public.
CP Officer Manny Thompson, Patrol East shared that Patrol East CP officers and the Mounted Unit
recently helped at a Hilltop Easter event. He also shared that Patrol East is doing a youth clothing drive
that ends on April 16. Donations can be brought to Patrol East. He reminded the group not to leave
wallets or purses in their vehicles as larceny to automobiles and identify theft continues to be a problem.
He gave updates the Flock system pilot project—WPD’s utilization of dozens of cameras installed around
the city. He reported that Flock has assisted WPD in the recovery of $1.5 million in property. There have
been 147 vehicles, multiple catalytic converters, and various lawn equipment tools recovered. WPD has
also utilized the system to make 163 arrests and to find five runaways and one missing person. Recently,
City Council voted unanimously to continue using the Flock system at a cost of $275,000 a year.
CP Officer Wesley Jensen, Patrol South shared there are 50 recruits currently training on the streets
and getting ready to graduate soon. He said there are another 25 recruits starting the academy as well.
He informed the group that each bureau has four CRT officers who focus on violent crime, gangs, and
drugs. WPD will be doubling the number of CRT officers in the upcoming weeks. Patrol South will soon
start a special assignment with MABCD focused on abandoned housing. The goal of the assignment is
board up and secure vacant homes which have attracted squatters and criminal activity. Jensen also
reminded the group of the upcoming beautification event WPD is coordinating, “Brush Up Broadway.”
2. Wichita Fire Department
Battalion Chief Matthew Bowen provided monthly district statistics, shared information on seasonal fire
and public safety topics, and answered questions from the DAB and public.
Bowen shared information on WFD’s “close before you doze” campaign. He then shared statistics for
District 3 for the month of March. There were a total 832 incidents in District 3 during the month of March.
There were 50 fire alarms, 567 medical alarms, 82 service alarms, and 134 other alarms. There were six
significant fire incidents during March.
3. Wichita Public Library
Sean Jones, Communication Specialist gave updates on District 3’s new library, the Walters Branch
Library, and provided general department updates. He also addressed questions from the DAB and
public.
Relevant to District 3, Jones shared that the Library is partnering with Park & Recreation to host a
summer concert series at Clapp Park. Performances will be held on Mondays at 3 p.m. in June and part
of July. He also told the group that a committee is working on developing plans for an official grand
opening celebration for the Walters Branch Library.
Action Taken: Received and filed.
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Public Agenda
4. Scheduled Items
There were no scheduled Public Agenda items this month.
5. Off-Agenda Items
There were no off-agenda items this month.
DAB 3 • April 7, 2021 • Minutes • Page 2
Action Taken: Received and filed.
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New Business
6. ZON2021-00009
Matt Williams, Associate Planner, Metropolitan Area Planning Department presented an application
on behalf of Cesar Gutierrez (applicant) and TEAM Architecture, LLC, c/o Doug Allison (agent) for a City
Zone Change from LC Limited Commercial and SF-5 Single-Family Residential to GC General
Commercial to allow construction sales and services; generally located north of East 55th Street South on
the east side of South Broadway Avenue (5326 S. Broadway).
The Metropolitan Area Planning Commission will hold a public hearing for this item on April 8, 2021.
The applicant/agent was in attendance.
DAB and members of the public asked and made the following summarized questions and comments:
Q (DAB): Is the lot to the north of this property a bank?
A: Yes. The property to the east is zoned Single-Family, and it is currently vacant.
Q (DAB): Was the adjacent property owner notified of the development?
A: Yes. Anyone who owns property within 200 feet was notified, and the applicant was required to put up
a sign on the property notifying people of the case.
Q (DAB): Have you received any complaints or concerns about this case?
A: There have been no calls or emails about this case.
Q (DAB): How long has the property been vacant?
A: An old aerial of the site from 1997 shows it was vacant at that time, so I assume it has been vacant for
quite a while.
Action Taken: Motion made by Joseph Shepard and seconded by Michael Loop to APPROVE the
application subject to the provisions of Protective Overlay PO #367 listed in the staff report. Motion to
APPROVE PASSED 10-0-1.
ZON2021-00009 Staff Report: https://www.wichita.gov/Council/DABAgendasMinutes/2021-04-
07%20ZON2021-00009%20Staff%20Report.pdf
7. Proposed City Council Ethics Policy
Maddy Campbell, District 3 Community Services Representative, City Manager’s Office conducted
a listening session regarding the proposed City Council ethics policy.
The City of Wichita Ethics Policy is being evaluated by the National League of Cities (NLC), a national
organization which aims to help strengthen cities. They have reviewed and provided recommendations for
our developing code of ethics.
The proposed Code of Ethics includes:
1. Guidelines for avoiding conflicts of interest
2. Regulations on the receipt of gifts
DAB 3 • April 7, 2021 • Minutes • Page 3
3. Standards to encourage impartial decision making
4. Establishment of an independent Ethics Advisory Board
5. Requirements for ethics training
6. Whistleblower protection guidelines
The City, with input from NLC and through discussions with the City Council, has put together a proposed
ethics policy in order to establish consistent and transparent ethical standards for city leaders and
appointed boards. The policy would help promote public confidence in elected and appointed leaders,
and assist officials with ethical decision making. Staff is soliciting comment regarding the proposed policy.
After public feedback is sourced, the policy will return to Council for an ethics workshop in April 2021, with
the adoption slated for May 2021. The policy would be reviewed by Council annually thereafter.
DAB and members of the public asked and made the following summarized questions and comments:
C (DAB): It is clear that the purpose is for elected and appointed officials, but I think it is important that an
ethics policy extend to staff as well. There are people in the community who are not happy with decisions
staff is making (e.g. with development or animal control) as they can be quite controversial when they lack
public input. We need to focus on transparency and community engagement. There needs to be a
mandated, centralized City calendar to promote meetings subject to KORA/KOMA and to advertise public
engagement opportunities. All meetings should also offer a virtual way to participate and watch. When doing
community engagement, there needs to be a larger number of voices involved in the conversation. The City
should not exclusively rely on the internet to share surveys and collect feedback. Citizen voices need to be
reflected in the decision-making process as well. Ethics is when multiple viewpoints come together and
have an impact on the shaping of decisions. I have been involved in many engagement efforts where none
of the feedback ends up getting addressed in the final plan.
C (DAB): In general, the policy does what is says it is going to do. I do not have a lot of concerns with the
actual content of the policy. Here are my responses to the shared questions:
What would increase your trust that the Council and appointed boards are acting with high ethical
standards?
A track record.
How would you define a “friend” in relation to Council relationships that may impact their decision on a
vote?
How would any of us define a friend? It should use a dictionary definition. Maybe it needs to
consider friends with lots of money, though anyone can be an influence.
Do you think Council should be allowed to accept food and drink?
I do not see anything see anything wrong with them accepting food. I do have a problem with
them drinking. Alcohol can open up risk.
Should there be a penalty for abuse of the complaint process?
Making false statements about a person is already handled in law, and it could just be restated
that making false statements is not allowed.
Is this the right direction for City Council’s Code of Ethics?
That implies there is a destination. I do not know that we have talked as a community about the
destination. The policy is a good first step, but I do not have a whole lot of optimism for policies.
Is there anything else you think a code of ethics should include?
Departmental policies should be included. Having a diverse group represented and having an
impact in decision-making is important. Transparency with data is also important. This policy is a
good first step, but I do not think it will solve some of the problems people are deeply concerned
about in the City.
C (DAB): I think there should be a definition for “friend.” Did you know your friend before becoming an
elected official? If you become an elected official and develop a friendship with someone, that is still a donor
DAB 3 • April 7, 2021 • Minutes • Page 4
influenced relationship.
C (DAB): I do not understand how you thread the needle between good ethics/personal conduct and
campaign finance. The line between campaign finance rules and this ethics policy seems gray, though it
appears the City is wanting to establish conduct expectations.
C/Q (DAB): In regard to campaign finance, you will see that once someone is elected they will begin to
receive the maximum campaign donation ($500) from developer after developer. As a member of the
Metropolitan Area Planning Commission, we hear developers who donate are able to get contracts and
those types of things. How do you decide if there has been a violation? It is difficult to determine if something
unethical has occurred and if an elected official is voting a certain way because their campaign was donated
to instead of that just being the best developer for a contract.
C/Q (DAB): I did not realize the City had been working with the National League of Cities, which is great.
What piece of framework did NLC provide? Are there sister or peer cities that have ethics policies that are
known as best practices, and which of those are reflected in this policy? As I look at the definitions, there
were a few words or language used in the policy that are not clearly defined in that section. In one section
it talks about cyberbullying from a council member and/or agent. How are “agents” defined? That is really
important, because it has been a big topic at City Council meetings. My next point has to deal with the
measurement of the policy. A policy without teeth serves no good. Some of these things are great ideas,
but I would love to see how the City is going to measure outcomes (specifically under sections C and E).
How will you ensure the expenditures made by the City are in the interest of city? How do you make sure
individuals are using their time wisely? How are you monitoring that now? For section N, I would refer back
to section F for consistency purposes. It outlines “family, friends, or business entity” in F, so why are those
not also prohibited in section N? Section F should also clearly define “transaction.” City Council must take
a hard look into how they select members to serve on the Ethics Review Board. I do not love the idea of a
lottery system for that, but I understand that there are not many options to eliminate perceived bias. Overall,
I think an ethics policy is necessary. The past year has made it clear that we need one. I want to make sure
the implementation does not create a slippery slope though. I would appreciate knowing what part of the
NLC framework has been adopted into the policy. This is not something the City is creating on a whim—it
is something other cities have deployed, and we can point to those cities and see that it works. That will
alleviate distrust.
C (DAB): Under the Whistleblower Protection section, number 4 should be rewritten to say “must” instead
of “may”—“Violations of suspected violations must be submitted on a confidential basis […]” The City needs
to ensure due diligence is being done to protect the person complaining.
Q (DAB): Regarding the Ethics Advisory Board section, will the City hire a third party legal consultant or will
the City’s Legal Department be used? If a third party legal consultant is hired, who would be responsible
for hiring that consultant? Would the City Manager make the hire or would it go through an RFP process?
Will there be a line item in the budget for these fees? How much money will be allocated to fund third party
investigations?
C/Q (DAB): Third party legal consultation will not be cheap. What happens with a case that has a sense of
urgency? An RFP process to hire legal consultation will take time.
C (DAB): I have read through this several times. I am intrigued that the policy does not explicitly mention
anything about being honest and not telling lies. I would think that is important for an ethics policy.
C (DAB via email): I am not a fan of the word “whistleblower.” “Whistleblower protection” should be rewritten
as “protection of unlawful action” or “protection of any employee, official, or any person.”
C (public via Facebook): I appreciate and support DAB’s suggestion to keep online meeting access for
citizens.
C (public via Facebook): City staff attorneys cannot be expected to take this on. An RFP for a retainer to
DAB 3 • April 7, 2021 • Minutes • Page 5
cover stated length of time seems prudent.
Q (public via Facebook): We have rules on the books regarding campaign finance. My question is: If a
person owns several businesses, should they be allowed to donate the maximum amount of $500 for each
business, or should they just be allowed to donate once?
Action Taken: DAB provided comment regarding the proposed ethics policy.
Proposed Ethics Policy: https://www.wichita.gov/Council/Agendas/2021-01-
26%20Code%20of%20Ethics%20for%20City%20of%20Wichita%20Officials%20Draft.pdf
Ethics Policy Presentation: https://www.wichita.gov/Council/DABAgendasMinutes/2021-04-
07%20Ethics%20Policy%20Presentation.pdf
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Board Agenda
8. Updates, Issues, and Reports
CM Cerullo asked the DAB how they felt about appointing a pro tem to run the meetings. There was a
conversation about identifying a pro tem or chair and vice chair for future meetings.
Catherine Johnson shared the Neighboring Movement is hiring 10-20 youth aged 16-19 for project they
are doing. The project is tied to the South Central Neighborhood Plan (develop social capital). They would
prefer to have applicants live in or have a tie to South Central, but they are accepting applications from
youth who reside anywhere in the city. Johnson also shared an update on an upcoming alley cleanup
project.
CM Cerullo shared that DAB will resume meeting in person next month. The group discussed plans to
continuing offering a virtual aspect (Zoom) for DAB meetings moving forward.
Action Taken: Received and filed.
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Adjournment
The meeting was adjourned at 8:24 p.m.
The next District 3 Advisory Board meeting is scheduled to be held at 6:30 p.m. on Wednesday, May 5,
2021. It is scheduled to be held in person at the WATER Center, 101 E. Pawnee, Wichita, KS 67211.
There will be limited seating to comply with county health department and CDC capacity guidelines. Mask
wearing and social distancing rules will be enforced. Residents also have the option to continue
participating in DAB meetings virtually via Zoom or to watch them live on the District 3 Facebook page.
The Zoom meeting link, ID, and passcode for the next meeting remains the same and can be found on
the first page of this agenda. Visit the District 3 web page for the most up-to-date meeting information.
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DAB 3 • April 7, 2021 • Minutes • Page 6
Guests
iPhone George
doug
CG Construction
Melody Herzig Stucky
Virgil Miller
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Respectfully submitted,
Maddy Campbell, District 3 Community Services Representative
DAB 3 • April 7, 2021 • Minutes • Page 7
Agenda
District 3 Advisory Board Agenda
Wednesday, April 7, 2021 • 6:30 p.m.
Virtual Meeting • Zoom and Facebook Live
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Virtual Meeting Access Information
Due to health concerns and restrictions related to the COVID-19 pandemic, DAB meetings are being held
virtually. The public can participate in the meetings through the Zoom platform or view the meetings live
on the District 3 Facebook page. Residents also have the option to submit comments to be read into
record via email to mcampbell@wichita.gov no later than 5 p.m. on the day of the meeting.
Join Zoom meeting on a computer, tablet, or smartphone
Click on the link below and enter the meeting ID and passcode.
o https://zoom.us/j/96174548678?pwd=MjF2K2t4QjFZWExybGpBNnM1OE5xdz09
o Meeting ID: 961 7454 8678
o Passcode: 907515
Join Zoom meeting via telephone (audio only)
Dial +1 312 626 6799 and enter the meeting ID and passcode listed above. Charges may apply.
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Order of Business
Call to Order
Oath of Office
Approval of Agenda for April 7, 2021
Approval of Minutes for March 3, 2021
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Staff Reports
DAB 3 • April 7, 2021 • Agenda • Page 1
1. Wichita Police Department
Patrol South and Patrol East community police officers share district and city-wide statistics and crime
trends and department updates. Staff also discusses relevant public safety topics and answers questions
from the DAB and public.
2. Wichita Fire Department
District 3 WFD staff provides monthly district statistics, shares information on seasonal fire and public
safety topics, and answers questions from the DAB and public.
3. Wichita Public Library
Staff provides department updates with a focus on the services, programs, and events at District 3’s
Walters Branch Library.
Recommended Action: Receive and file.
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Public Agenda
4. Scheduled Items
There are no scheduled Public Agenda items this month.
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.
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New Business
6. ZON2021-00009
Matt Williams, Associate Planner, Metropolitan Area Planning Department will present an application
on behalf of Cesar Gutierrez (applicant) and TEAM Architecture, LLC, c/o Doug Allison (agent) for a City
Zone Change from LC Limited Commercial and SF-5 Single-Family Residential to GC General
Commercial to allow construction sales and services; generally located north of East 55th Street South on
the east side of South Broadway Avenue (5326 S. Broadway).
The Metropolitan Area Planning Commission will hold a public hearing for this item on April 8, 2021.
Recommended Action: Based upon information available prior to the public hearings, planning staff
recommends that the request be APPROVED subject to the provisions of Protective Overlay PO #367
listed in the staff report.
ZON2021-00009 Staff Report: https://www.wichita.gov/Council/DABAgendasMinutes/2021-04-
07%20ZON2021-00009%20Staff%20Report.pdf
DAB 3 • April 7, 2021 • Agenda • Page 2
7. Proposed City Council Ethics Policy
Maddy Campbell, District 3 Community Services Representative, City Manager’s Office will conduct
a listening session regarding the proposed City Council ethics policy.
The City of Wichita Ethics Policy is being evaluated by the National League of Cities (NLC), a national
organization which aims to help strengthen cities. They have reviewed and provided recommendations for
our developing code of ethics.
The proposed Code of Ethics includes:
1. Guidelines for avoiding conflicts of interest
2. Regulations on the receipt of gifts
3. Standards to encourage impartial decision making
4. Establishment of an independent Ethics Advisory Board
5. Requirements for ethics training
6. Whistleblower protection guidelines
The City, with input from NLC and through discussions with the City Council, has put together a proposed
ethics policy in order to establish consistent and transparent ethical standards for city leaders and
appointed boards. The policy would help promote public confidence in elected and appointed leaders,
and assist officials with ethical decision making. Staff is soliciting comment regarding the proposed policy.
After public feedback is sourced, the policy will return to Council for an ethics workshop in April 2021, with
the adoption slated for May 2021. The policy would be reviewed by Council annually thereafter.
Recommended Action: Provide comment regarding the proposed ethics policy.
Proposed Ethics Policy: https://www.wichita.gov/Council/Agendas/2021-01-
26%20Code%20of%20Ethics%20for%20City%20of%20Wichita%20Officials%20Draft.pdf
Ethics Policy Presentation: https://www.wichita.gov/Council/DABAgendasMinutes/2021-04-
07%20Ethics%20Policy%20Presentation.pdf
March 2, 2021 City Council Ethics Workshop: https://www.youtube.com/watch?v=2N9TOWD6LwE
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Board Agenda
8. Updates, Issues, and Reports
Reports from the council member and DAB on any projects, activities, events, programming, resources,
issues, etc. in the neighborhoods, council district, and/or city.
Recommended Action: Receive and file.
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Adjournment
DAB 3 • April 7, 2021 • Agenda • Page 3
The next District 3 Advisory Board meeting is scheduled to be held at 6:30 p.m. on Wednesday, May 5,
2021. It is tentatively scheduled to be held virtually via Zoom and will also be live-streamed on the District
3 Facebook page. The Zoom meeting link, ID, and passcode for the next meeting remains the same and
can be found on the first page of this agenda. The most up-to-date meeting information can always be
found on the District 3 web page.
DAB 3 • April 7, 2021 • Agenda • Page 4
AGENDA ITEM NO. __6__
STAFF REPORT
MAPC April 8, 2021
DAB III April 7, 2021
CASE NUMBER: ZON2021-00009 (City)
APPLICANT/AGENT: Cesar Gutierrez (Applicant/Owner), TEAM Architecture, LLC, c/o Doug Allison
(Agent)
REQUEST: GC General Commercial
CURRENT ZONING: LC Limited Commercial, SF-5 Single Family Residential
SITE SIZE: 0.86 acre
LOCATION: Generally located north of 55th Street South and northeast of 53rd Street South and
South Broadway Avenue (5326 South Broadway Avenue)
PROPOSED USE: Construction sales and service
ZON2021-00009
Metropolitan Area Planning Commission Page 1
BACKGROUND: The applicant is requesting the rezoning of a platted 0.86 acre (99 feet x 390 feet, Lot 2, Block
A, Daniel Classen 1st Addition) property from LC Limited Commercial and SF-5 Single Family Residential to GC
General Commercial. A very narrow east portion of the subject site (approximately 10 feet in width) is zoned SF-
5. The property is generally located northeast of 55th Street South and South Broadway Avenue (5326 South
Broadway Avenue, Wichita, Kansas). The applicant proposes to build a shop, office building, and outdoor storage
yard (for trucks and trailers) for his carpentry business. In addition, the applicant is also considering using the site
to store materials for his business.
The Unified Zoning Code defines (UZC, Art. II, Sec. II-B.n.) Construction Sales and Service as an establishment
engaged in the retail or wholesale sale of materials used in the construction and/or maintenance of buildings or other
structures and/or grounds, as well as the outdoor storage of construction equipment or materials on lots other than
construction sites. Typical uses include lumberyards, home improvement centers, lawn and garden supply stores,
electrical, plumbing, air conditioning, and heating supply stores, swimming pool sales, construction and trade
contractors' storage yards, landscape installation and/or maintenance services and pest extermination services. The
applicant’s proposed use is a match for this definition.
The GC zoning district allows Construction Sales and Service by right. The purpose of the GC zoning district is to
accommodate retail, commercial, office and other complementary land uses. GC zoning are located within 150 feet
of the subject site, and more are located further away both north and south along Broadway Avenue. Many of the
GC zoned properties in the area are developed more like local commercial businesses or are undeveloped. The GC
District is generally compatible with the "Regional Commercial" designation of the Wichita-Sedgwick County
Comprehensive Plan. It is intended for application primarily within the City of Wichita, although it may be
appropriate for application in areas of unincorporated Sedgwick County that have been designated as "Wichita 2030
Urban Growth Area."
Properties abutting and adjacent to the north side of the subject site are zoned LC and SF-5. The property zoned LC
is developed as a bank with a drive through facility (built 1982). Further to the north is a property zoned SF-5 and
in use as a church (built 1980). Directly north and abutting the east half of the subject site is a property zoned SF-
5 and that is currently undeveloped.
The property abutting to the south side of the subject site is zoned LC and is vacant but has a concrete slab that may
have been used for a business. At the time of this report there were a few old tires and a rolled up carpet dumped
on this property. Further south of the subject site is a GC zoned property with a solid metal fence around it. The
Sedgwick County Appraiser’s site list this as a manufactured home park but from what can be seen of the property
from above the solid fencing and gate, the property may be being used a vehicle storage yard, which is a permitted
use in the GC zoning district. However if these vehicles are inoperable its use would be classified as a wrecking-
salvage yard, which is not permitted in the GC zoning district. There is also a metal building on the rear of this
property. The next south property is zoned LC and has a vacant single family residence (built 1950) on it as well
as a few scattered vacant, single wide manufactured homes. A single cluster of unused mailboxes seems to confirm
that the property once was a manufactured home park. A manufactured home park is not permitted in the LC or
GC zoning district, making this LC zoned site a nonconforming use. An undeveloped LC zoned property and a
SF-5 zoned subdivision (Riverside 2nd Addition, recorded November 27, 1977) developed with urban scale single
family residences are the other adjacent south properties in this area.
Properties abutting and adjacent to the east side of the subject site are zoned SF-5 and are developed as two large
(approximately less than one to two acres) tract single family residences (built 1956 and 1959) and undeveloped
land. Properties adjacent to the west front side, across South Broadway Avenue, of the subject site are zoned GC
and SF-5 and are developed as urban scale single-family residences (Stoneborough Addition, recorded March 3,
1992), an auto parts store (built 1997), and undeveloped land.
CASE HISTORY: On July 29, 1999, the subject property was recorded with the Sedgwick County Register of
Deeds as Lot 2, Block A, Daniel Classen 1st Addition. Z-3297 changed the subject site’s zoning from SF-6 Single
Family Residential to LC, approved November 24, 1998. The subject site’s area was annexed into the City of
Wichita between 1951 -1960.
ZON2021-00009
Metropolitan Area Planning Commission Page 2
ADJACENT ZONING AND LAND USE:
NORTH: LC, SF-5 Bank with drive through facility, undeveloped land, church
SOUTH: LC, GC, SF-5 Undeveloped land, vehicle storage/wrecking-salvage yard, deserted
manufactured home park, urban scale single-family residences,
undeveloped land
EAST: SF-5, LC Large tract single family residences, undeveloped land
WEST: SF-5, GC Urban scale single-family residences, auto parts store, undeveloped land
PUBLIC SERVICES: South Broadway Avenue is a four-lane paved, arterial street with 60 feet of half street right-
of-way along the subject site’s Broadway Avenue frontage. All municipal services are available to the subject site.
CONFORMANCE TO PLANS/POLICIES: The Community Investment Plan (the Wichita-Sedgwick County
Comprehensive Plan) recommends the subject site as appropriate for “New Employment.” This category
encompasses areas that “likely will be developed or redeveloped by 2035 with uses that constitute centers or
concentrations of employment primarily in manufacturing, warehousing, distribution, construction, research,
technology, business services, or corporate offices.” The applicant proposes to build a shop and office building
with an outdoor storage yard for equipment and possibly materials for his carpentry business with the approval of
the GC zoning request. The zoning request and the proposed use are consistent with the New Employment
recommendation. The proposed use may introduce permitted outdoor storage of equipment into the area (see
possible vehicle storage on a previously described south adjacent property).
The subject site is located within the South Wichita/Haysville Area Plan (SWH Plan). The SWH Plan’s Future
Land Use map shows the subject site and all the abutting and adjacent existing commercial zoned properties to be
low density residential. The area’s businesses with LC and GC zoning are developed more like local commercial
businesses or are undeveloped. The exception appears to be the LC zoned deserted manufactured home park which
the SWH Plan’s Future Land Use map shows as medium density residential. The SWH Plan also seeks to discourage
strip commercial development (page 25) along the area’s arterial streets. The proposed zone change from LC to
GC does not discourage strip development but the area currently has multiple developed and undeveloped LC and
GC zoned properties located on this portion of the arterial South Broadway Avenue. Conversely the SWH Plan
(page 18) does consider undeveloped commercial zoned properties primed for commercial development.
It is staff’s opinion that the proposed use to which the applicant is seeking is mostly in conformance with adopted
plans and policies.
RECOMMENDATION: Based upon the information available at the time the staff report was completed, staff
recommends the request APPROVAL of the GC zoning request for a shop; office building; outdoor storage yard
for trucks, trailers and materials for a building contractor’s business; and subject to the following provisions of
Protective Overlay PO #367.
(1) The following UZC defined uses would be permitted by right: Single family residential, duplex, multi-
family residential, accessory apartment, assisted living, church or place of worship, day care limited,
government service, library, nursing facility, safety services, elementary, middle and high schools,
university or college, bank or financial institution, bed and breakfast inn, broadcast recording studio,
medical service, general office, post office substation, general retail, vocational school and self-storage
warehouse.
(2) No building materials or equipment shall be visible from ground level.
(3) Solid screening shall provide along the north, side yard, and east, rear yard, sides of the subject site where
it abuts SF-5 zoned properties; UZC, Art. IV, Sec. IV-B.#.d.1.
(4) Landscaping shall be per the Landscape Ordnance.
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(5) Lighting sources shall be limited to 15 feet in height when located within 200 feet of residential zoning
Districts and shall employ cut-off luminaries to minimize light trespass and glare; UZC, Art. IV, Sec. IV-
B.4.
(6) Compatibility setbacks shall apply to the north, side yard, and east, rear yard, sides of the subject site where
it abuts SF-5 zoned properties; UZC, Art. IV, Sec. IV-C.4. The setbacks shall be a minimum of 15 feet
plus one foot for each five feet of (subject site) lot width over 50 feet. In no case shall the compatibility
setback standards alone require more than a 25-foot.
(7) Dumpsters and refuse receptacles shall be located a minimum of 20 feet from the north, side yard, and east,
rear yard, sides of the subject site where it abuts SF-5 zoned properties; UZC, Art. IV, Sec. I-C.7.b.
1. The zoning, uses and character of the neighborhood: The area is a mix of undeveloped GC and LC
zoned properties, developed as local commercial (auto parts store, built 1997), a bank with a drive through
facility (built 1982), what appears to be a deserted manufactured home park, and a vehicle storage yard or
a wrecking and salvage yard. Also included in the area’s mix are undeveloped SF-5 zoned properties and
SF-5 zoned properties developed as a church (built 1980), a few tracts developed with single family
residences (built 1956 and 1959) and developed urban scale single family residential subdivisions (recorded
1977 and 1992). The undeveloped properties, the few tract single family residences and the vacant
manufactured home park in the area may reflect land uses that were common when Broadway Avenue/US
Highway 81 was the main north – south road through Wichita prior to the opening of the Turnpike in 1956
and annexation into Wichita between 1951and 1960.
2. The suitability of the subject property for the uses to which it has been restricted: The subject
property’s current LC zoning permits all densities of residential development, civic and public types of
development and multiple types of commercial development. The current zoning is not out of character
with other abutting and adjacent LC and GC zoned properties in this area.
3. Extent to which removal of the restrictions will detrimentally affect nearby property: The proposed
PO attached to the requested GC zoning is more restrictive than the current LC zoning and the proposed
GC zoning. The PO eliminates uses that the SWH Plan wants removed such as auto related commercial
uses, taverns and drinking establishments, outdoor storage, night clubs, event centers, and other uses that
would negatively impact the current and future residential and commercial development in the area.
4. Length of time the property has been vacant as currently zoned: Z-3297 changed the subject site’s
zoning from SF-6 Single Family Residential to LC, approved November 24, 1998. As shown on a 1997
aerial the property appears to have been vacant at the time of it’s rezoning.
5. Conformance of the requested change to the adopted or recognized Comprehensive Plan and policies:
The Community Investment Plan (the Wichita-Sedgwick County Comprehensive Plan) recommends the
subject property as appropriate for “New Employment.” This category encompasses areas that “likely will
be developed or redeveloped by 2035 with uses that constitute centers or concentrations of employment
primarily in manufacturing, warehousing, distribution, construction, research, technology, business
services, or corporate offices.” The applicant proposes to build a shop and office building with an outdoor
storage yard for equipment and possibly materials for his carpentry business with the approval of the GC
zoning request. The zoning request and the proposed use are consistent with the New Employment
recommendation.
The subject site is located within the South Wichita/Haysville Area Plan (SWH Plan). The SWH Plan’s
Future Land Use map shows the subject site and all the abutting and adjacent existing commercial zoned
properties to be low density residential. The businesses with LC and GC zoning are developed more like
local commercial businesses or are undeveloped. The exception appears to be the LC zoned partially vacant
manufactured home park which the SWH Plan’s Future Land Use map shown as medium density
residential. The SWH Plan also seeks to discourage strip commercial development (page 25) along the
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area’s arterial streets. The proposed zone change from LC to GC does not discourage strip development
but the area currently has multiple developed and undeveloped LC and GC zoned properties located along
this portion of the South Broadway Avenue arterial. Conversely the SWH Plan (page 18) does consider
undeveloped commercial zoned properties primed for commercial development.
It is staff’s opinion that the proposed use to which the applicant is seeking is mostly in conformance with
adopted plans and policies.
6. Impact of the proposed development on community facilities: Community facilities would not be
noticeably impacted by this approval. All municipal services are available to the site.
Staff Report Attachments:
1. Land Use Map
2. Aerial Map
3. Site Plan
4. South Wichita – Haysville Future Land Use
5. Zoning Map
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Wichita City Council
Ethics Policy
March 2021
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Timeline of Drafting and Approving the Policy
1. Council ethics discussions in June 2020/February 2021
2. Outline proposed code of ethics
3. National League of Cities reviews proposed policy
4. NLC findings presented to Council March 2021
5. Social media Town Hall March 2021
6. DAB discussions and council feedback received March/April 2021
7. Adoption of code May 2021
8. Review of Code May 2022
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Goals of an Ethics Policy
1. Establish consistent and transparent ethical standard of
conduct for city leaders and appointed boards
2. By doing so, promote public confidence in their elected and
appointed leaders
3. Assist officials with decision-making
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The Proposed Ethics Policy Includes:
• Guidelines for avoiding conflicts of interest
• Regulations on the receipt of gifts
• Standards to encourage impartial decision making
• Establishment of an independent Ethics Advisory Board
• Requirements for ethics training
• Whistleblower protection guidelines
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Next steps
1. Feedback gathered and reviewed March/April 2021
2. Final ethics workshop April 2021
3. Adoption of policy May 2021
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Questions:
• What would you expect to see or hear in the community that would suggest the Mayor, City Council
and appointed boards are operating ethically?
• What would increase your trust that the Council and appointed boards are acting with high ethical
standards?
• How would you define a “friend” in relation to council relationships that may impact their decision on
a vote?
• Do you think Council should be allowed to accept food and drink – for example, dinner at a nonprofit
event they’re speaking at, or having business lunches paid for?
• Should there be a penalty for abuse of the complaint process?
• Is this the right direction for the City Council’s Code of Ethics?
• Is there anything else you think a code of ethics should include?
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