District 6 Advisory Board
Regular MeetingWichita, KS · August 2, 2021
Agenda
District 6 Advisory Board Agenda *Revised*
Monday, August 2, 2021 • 6:30 p.m.
Evergreen Recreation Center • 2700 N. Woodland, Wichita, KS 67204
• Facebook Live
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Order of Business
Call to Order
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Staff Reports
1. Wichita Fire Department
Staff will present District 6 fire statistics, discuss relevant safety topics, provide department updates,
and answer questions.
2. Wichita Police Department
Community Policing Officers will present District 6 statistics and crime trends, discuss relevant
safety topics, provide department updates, and answer questions.
3. Park & Recreation Department Report
Gentry Thiesen, Senior Management Analyst, Park and Recreation will provide updates for
parks in District 6 and report on other activities taking place across the city.
4. Wichita Public Library Report
Library Staff will report on events and programs at the Evergreen Branch Library and the
Advanced Learning Library.
5. Public Works & Utilities Report
Public Works and Utilities Staff will give an update on District 6 projects.
Recommended Action: Receive and file.
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DAB 6 • August 2, 2021 • Agenda • Page 1
Public Agenda
This portion of the agenda provides an opportunity for citizens to present issues that are not part of
the regular agenda for the meeting. There is a three-minute time limit for each speaker.
6. Scheduled Items
There are no scheduled Public Agenda items this month.
7. 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
8. PUD2021-00013
Kathy Morgan, Senior Planner, Metropolitan Area Planning Department will present an
application on behalf of David and Kristina Dickerson, DBA Spots Block 3rd LLC and Spots Block
512,514 LLC (owners/applicants) MKEC Engineering, Brian Lindebak (Agent).
BACKGROUND: The property is currently zoned B Multi-Family Residential. The applicants are
requesting to:
expand TheraPlay PUD #84 to add Lot 165, and the south 25 feet of Lot 167, on Dodge
Avenue, McCormick’s Second Addition
add the north/south alley (VAC2021-00031) and
add Accessory Apartment as a permitted use in General Provisions.
The subject site is approximately 1.6 platted acres located two blocks west of North Seneca on the
south side of North McLean Boulevard bounded by North Exposition Avenue on the west, West 3rd
Street North on the south, and North Dodge Avenue on the east.
The site is located within the Delano Neighborhood. The Delano Neighborhood was initially
developed in the 1870’s. It includes a variety of residential, commercial, industrial, personal service,
and entertainment uses. The majority of commercial uses are located along Douglas Avenue and
Seneca Street. In 2019, the City of Wichita adopted the Delano Neighborhood Plan 2019 update,
including a recommended Future Land Use Concept Map. That map recommends and identifies the
future land use of the subject site as residential.
North of the site is the McLean Boulevard right-of-way, the Arkansas River, and the Arkansas River
Path. West and south of the subject site is SF-5 residential and is developed with single-family
detached dwellings. East of the site is zoned GC General Commercial and is developed with a one-
story office building.
RECOMMENDATION: Based upon information available prior to the public hearings, planning staff
recommends that the request be APPROVED.
DAB 6 • August 2, 2021 • Agenda • Page 2
PUD2021-00013 Staff Report: https://www.wichita.gov/Council/DABAgendasMinutes/2021-08-
02%20DAB%206%20PUD2021-00013%20Staff%20Report.pdf
9. Non-Discrimination Ordinance
Jennifer Magana, Director of Law will present information and answer questions regarding the
Non-Discrimination Ordinance.
Proposed Non-Discrimination Ordinance:
https://www.wichita.gov/Council/DABAgendasMinutes/2021-08-
02%20DAB%206%20Proposed%20NDO.pdf
Non-Discrimination Power Point: https://www.wichita.gov/Council/DABAgendasMinutes/2021-08-
02%20DAB%206%20Nondiscrimination%20Ordinance%20PowerPoint.pdf
Recommended Action: Receive and file
10. Single-Use Plastic Bag Impacts in the Wichita Area
Kelly Johnston will present.
The Plastic Bag Task Force was established on January 28, 2020 to assess and better understand
the impact of single-use plastic bags in the Wichita area as well as explore possible mitigation
strategies that Best fit the Wichita community. Plastic Bag Task Force members have met monthly to
discuss, research, explore, and plan how to best quantify single-use plastic bag impacts, attitudes
surrounding single-use plastic bags, and possible reduction methods. Some of the group’s efforts
include:
Developing outreach and education materials
Working with University of Kansas School of Medicine – Wichita thesis student on a community
survey to assess single-use plastic bag perception and possible reduction methods
Working with the Wichita State University Environmental Finance Center to initiate a litter study
in the Wichita area with the intent to determine the role of single-use plastic bags in the litter
landscape
Conducting broader research regarding impacts of plastics on health and environment as well
as legislation mitigating plastic bag usage in other communities
Creating outreach and education materials to share information learned with community
leaders and residents.
A considerable amount of work has been accomplished since the task force was appointed last
January, but members acknowledge much work is still required before a formal recommendation can
be made to City Council members including:
Assessment of multiple mitigation strategies
Pros/Cons evaluation
Economic impact study
The comments provided by DAB members, citizens, and various community groups could be used to
direct future efforts of the task force.
Recommended Action: Receive and file
DAB 6 • August 2, 2021 • Agenda • Page 3
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Board Agenda
11. Updates, Issues, and Reports
Reports from Council Member Cindy Claycomb and the DAB on any activities, events, resources,
issues, or concerns in the neighborhoods, council district, and/or city.
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Adjournment
The next District 6 Advisory Board meeting is scheduled to be held at 6:30 p.m. on Monday,
September 13, 2021 Wednesday, August 18, 2021 at the Evergreen Recreation Center, 2700 N.
Woodland, Wichita, KS 67204. Residents also have the option to watch live on the District 6
Facebook page.
Visit the District 6 webpage for the most up-to date meeting information.
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DAB 6 • August 2, 2021 • Agenda • Page 4
AGENDA ITEM NO. 8
STAFF REPORT
MAPC August 5, 2021
DAB VI August 2, 2021
CASE NUMBER: PUD2021-00013 (City)
APPLICANT/AGENT: David and Kristina Dickerson, DBA Spots Block 3rd LLC and Spots Block
512,514 LLC (owners/applicants) MKEC Engineering, Brian Lindebak
(Agent)
REQUEST: Expand Planned Unit Development #84
CURRENT ZONING: B Multi-Family Residential
SITE SIZE: 1.69 + acres
LOCATION: Two Blocks west of North Seneca on the south side of North McLean
Boulevard (419 N. McLean Boulevard) District 6
PROPOSED USE: Long Term re-development of the subject area
BACKGROUND: The property is currently zoned B Multi-Family Residential. The applicants are
requesting to:
expand TheraPlay PUD #84 to add Lot 165, and the south 25 feet of Lot 167, on Dodge Avenue,
McCormick’s Second Addition
add the north/south alley (VAC2021-00031) and
add Accessory Apartment as a permitted use in General Provisions.
The subject site is approximately 1.6 platted acres located two blocks west of North Seneca on the south
side of North McLean Boulevard bounded by North Exposition Avenue on the west, West 3rd Street North
on the south, and North Dodge Avenue on the east.
The site is located within the Delano Neighborhood. The Delano Neighborhood was initially developed in
the 1870’s. It includes a variety of residential, commercial, industrial, personal service, and entertainment
uses. The majority of commercial uses are located along Douglas Avenue and Seneca Street. In 2019, the
City of Wichita adopted the Delano Neighborhood Plan 2019 update, including a recommended Future
Land Use Concept Map. That map recommends and identifies the future land use of the subject site as
residential.
North of the site is the McLean Boulevard right-of-way, the Arkansas River, and the Arkansas River Path.
West and south of the subject site is SF-5 residential and is developed with single-family detached
dwellings. East of the site is zoned GC General Commercial and is developed with a one-story office
building.
CASE HISTORY: In April 1887, the area was platted as the McCormick’s 2nd Addition. The D-O Delano
Neighborhood Overlay District (“D-O”) was approved in 2003. It is intended to preserve, enhance, and
promote the character of the Delano neighborhood as prescribed in the Delano Neighborhood Revitalization
Plan. Property development within the District shall comply with the Delano Neighborhood Design
Guidelines and the standards of this District and the Underlying zoning District. The design review
provisions applicable within the D-O District are intended to recognize the special architectural character
and proposed land-use mix of the Delano neighborhood, and to protect the private property values and
public investments in the Delano Neighborhood. In the case of conflict between the regulations in this
section and those of the Underlying zoning District, the regulations in this section shall prevail. The
property was included in the Delano Neighborhood Revitalization Plan in 2001, and is a part of the 2019
Delano Neighborhood Plan update.
On June 1, 2021, TheraPlay PUD #84 (PUD2021-00003) was approved by Wichita City Council. Vacation
VAC2021-00031 has been submitted to vacate the north/south alley, retaining utility easements, within this
PUD.
ADJACENT ZONING AND LAND USE:
North: B Single-Family Residential, McLean Boulevard and Arkansas River
South: SF-5 Single-Family Residential
East: GC Commercial, office
West: SF-5 Single-Family Residential
PUBLIC SERVICES: The site has access to North McLean Boulevard from North Exposition Street and
North Seneca Street from West 3rd Street. Both Seneca Street and McLean Boulevard are paved arterial
streets with sidewalks. The site is served by all typical municipal services. There are stops nearby for
Wichita Transit bus routes, and a multi-use path is located to the north along the Arkansas River.
PUD2021-00013
Metropolitan Area Planning Commission Page 2
CONFORMANCE TO PLANS/POLICIES: The proposed amendment would not be in conformance
with the Delano Neighborhood Plan. The 2019 Delano Neighborhood Plan includes a Future Land Use
map, which depicts the site as appropriate for “residential use.”
The requested PUD zoning would be in conformance with the Wichita: Places for People Plan by allowing
for development momentum in the area. The Wichita: Places for People Plan provides recommendations
for urban infill development in the Established Central Area. The subject site is located within the
Established Central Area in an area identified as an “area of opportunity.” The Places for People Plan
defines Areas of Opportunity as those “areas that generally exhibit economic challenges, a disconnected
development pattern and a lack of walkable places and facilities. These areas need strategic investment,
both public and private, to assist in redefining and reinvigorating the area. Areas of Opportunity also require
capacity-building at the neighborhood level to accommodate redevelopment that is beneficial to the
neighborhood and its residents.”
The proposed amendment would be in conformance with the Wichita-Sedgwick County Comprehensive
Plan, titled 2035 Community Investments Plan. The Comprehensive Plan’s 2035 Wichita Future Growth
Concept Map identifies this location as mix of residential and commercial which includes convenience
retail, restaurants, small offices, personal service that are located in proximity to, and potentially mixed
with residential uses.
RECOMMENDATION: Based upon information available prior to the public hearings, planning staff
recommends that the request be APPROVED.
This recommendation is based on the following findings:
1. The zoning, uses and character of the neighborhood: North of the site is the McLean Boulevard
right-of-way and the Arkansas River with the Arkansas River Path and a single-family residence.
West and south of the subject site is SF-5 residential and developed with single-family detached
dwellings. East of the site is zoned GC General Commercial and is developed with a one-story
office building.
2. The suitability of the subject property for the uses to which it has been restricted: The property is
currently zoned B Multi-Family Residential. The mix of residential uses allowed by current zoning
is suitable for the neighborhood based on the surrounding context and community plans.
3. Extent to which removal of the restrictions will detrimentally affect nearby property: The
expansion of PUD #84 zoning District would not create increased traffic on residential streets
because of the interior circulation pattern and on-site parking provided.
4. Relative gain to the public health, safety and welfare as compared to the loss in value or the hardship
imposed upon the applicant: This is an up-zoning which does not result in a loss or hardship to the
applicant compared to the existing zoning.
5. Conformance of the requested change to the adopted or recognized Comprehensive Plan and
policies: The requested zoning change is not consistent with the Delano Neighborhood Plan.
The requested rezoning is consistent with the Wichita-Sedgwick County Comprehensive Plan,
named the Community Investments Plan.. The 2035 Wichita Future Growth Concept Map
identifies this location as transitioning to “commercial” which includes convenience retail,
restaurants, small offices, personal service that are located in proximity to, and potentially mixed
PUD2021-00013
Metropolitan Area Planning Commission Page 3
with residential uses.
6. Impact of the proposed development on community facilities: Existing public water and sewer at
the site would accommodate uses under the proposed PUD zoning. The requested rezoning would
allow for a mix of residential and office uses. The existing infrastructure would be able to
accommodate any increased demand.
Attachments:
Proposed PUD language (Agent) changes are noted in bold, italic, and underlined font
Aerial Map
Zoning Map
Land Use Map
PUD Site Plan
Photos
PUD2021-00013
Metropolitan Area Planning Commission Page 4
TheraPlay
Planned Unit Development No. 84
Amendment to PUD
Case Number: PUD2021-00013
Development Guidelines
General Provisions
Submitted to MAPD 6-28-2021
PUD Purpose Statement:
This unique property is situated on the westerly fringe of a transitional zoning area from downtown
core to the edge of single-family residential in the Delano neighborhood. Recently within the
Delano transitional fringe area there has been many properties changing from
commercial/industrial to mixed-use. Directly east of this property there is GC - General
Commercial zoning classification; the least restrictive commercial zoning district. Directly west
and south of this property there is SF-5 Single-Family zoning classifications and with some TF-5
Two-Family zoning intermixed within the SF-5 areas; generally the most restrictive urban zoning
districts. To the northeast of the property there is a small parcel having B-Multi-Family zoning
classification. North of the property are civic uses such as museums and parks separated by the
Arkansas River. The subject property has views of unique iconic Wichita landmarks. It is also
situated along McLean Boulevard an arterial street and connector of downtown to west Wichita.
The present land use for the bulk of the property is a medical therapy business. The business
performs speech, physical, occupation, and similar therapies with a focus on helping children and
families succeed. The owners has plans to offer other related personal care and personal
improvement services such as massage therapy to further enhance their offerings. Other existing
land uses include rental homes.
While the property is already a mixed-use development this PUD is intended to allow for the
property to redevelop into a more conventional mixed-use development with the potential for a
mix of residential and office type uses as set forth herein. The property is within the D-O Delano
Neighborhood Overlay District, so there are many existing provisions that protect the neighboring
single family homes. This PUD is crafted to balance and enhance the needs of owners being and
to enhance a transitional zoning situated at the edge of urban redevelopment along with the
requirements of the D-O Neighborhood Overlay District. Principally the land uses proposed are
those of the GO – General Office with other land uses being permitted for the enhanced desired
offerings. This PUD reflects the highest and best uses for the subject property while provisioning
for balanced needs of the neighboring properties.
Parcel Descriptions:
Gross Area = 1.69 Ac. or 73,633 sq. ft.
Parcel 1 = 0.92 Ac. or 39,908 sq. ft.
Parcel 2 = 0.77 Ac. or 33,725 sq. ft.
1. The subject property shall conform to the recitals of the D-O Delano Neighborhood
Overlay District.
PUD2021-00013
Metropolitan Area Planning Commission Page 5
2. Land Uses:
a. All uses permitted by right and conditional uses within the General Office (GO)
Zoning District provided, however, those land uses as restricted per the D-O
Delano Neighborhood Overlay District, being summarized herein:
i. Allowed Uses by right:
Single Family, Duplex, Multi-Family, Accessory Apartment, Group Home,
Day Care (limited and general), Medical Service, Office (general),
Personal Care Service, Personal Improvement Service, and Parking
(commercial).
ii. Conditional Uses by Delano Neighborhood Overlay District:
Utility Minor, Warehouse Self-Service Storage, and Wireless
Communication Facility.
b. Compatibility standards apply.
3. Property Development Standards: As per General Office (GO) Zoning District,
provided, the minimum setbacks are as shown hereon and listed below:
Minimum Front Setback: 5 feet
Minimum Rear Setback: 0 feet
Minimum Side Setback: 0 feet
Minimum Street Side Setback: 5 feet
Maximum Height: 60 feet, plus one foot of additional height for each foot of setback
beyond the minimum required setbacks. Compatibility
standards apply Secs. IV-C.4 and IV-C.5 may take
precedence.
4. Lighting:
a. All exterior lighting shall be shielded to direct light downward. Floodlighting/wall-
pack are not permitted along the Exposition Street or Third Street frontages without
the use of cutoffs. New light poles shall not exceed 15 feet in height when within
200 feet of adjoining residential land-uses along Exposition Street or Third Street
frontages.
b. Lighting where necessary are required to use full-cutoffs to limit light trespass onto
neighboring residential parcels.
5. Screening:
a. All rooftop mechanical equipment shall be screened from ground view per the
U.Z.C. All loading, docking areas, and trash receptacles shall be screened from
ground view as approved by the Planning Director.
b. Unless otherwise noted Screening shall be in accordance with the Wichita-
Sedgwick County Unified Zoning Code, Section IV and Section III-C.2.b.
6. Signage:
a. Shall be as permitted in the General Office (GO) Zoning District sign standards.
b. Signs are prohibited from being lighted facing single-family residential uses.
7. Landscaping:
a. Landscaped street yards, buffers, and parking lot landscaping and screening shall
be in accordance with the City of Wichita Landscape Ordinance and that of the D-
O Delano Neighborhood Overlay District.
PUD2021-00013
Metropolitan Area Planning Commission Page 6
8. Parking: Shall be in accordance with the Wichita-Sedgwick County Unified Zoning Code
for “CBD”, provided however, a parking study shall be required at the time of
redevelopment of the property and such parking study may require a minimum parking
requirement as determined by the Director of the Planning Department.
Bicycle parking shall be included with redevelopment plans.
9. Title: The transfer of the title on all or any portion of the land included in the Protective
Overlay does not constitute a termination of the overlay or any portion thereof; but said
overlay shall run with the land and be binding upon the present owners, their successors
and assigns and amended. However, the Director of the MAPD, with the concurrence of
the Zoning Administrator, may approve minor adjustments to the conditions in this overlay,
consistent with the approval, without filing a formal ordinance amendment.
10. Any major changes to this Planned Unit Development shall be submitted to the Planning
Commission and the Governing Body for their consideration. Amendments, adjustments,
or interpretations to the P.U.D. shall be done in accordance with the Unified Zoning Code.
11. A certificate or Notice of PUD is required to be recorded with the Sedgwick County
Register of Deeds Office upon approval of the PUD.
PUD2021-00013
Metropolitan Area Planning Commission Page 7
Aerial Map
PUD2021-00013
Metropolitan Area Planning Commission Page 8
Zoning Map
PUD2021-00013
Metropolitan Area Planning Commission Page 9
A Map
PUD2021-00013
Metropolitan Area Planning Commission Page 10
PUD2021-00013
Metropolitan Area Planning Commission Page 11
PUD site plan
PUD2021-00013
Metropolitan Area Planning Commission Page 12
Photos
PUD2021-00013
Metropolitan Area Planning Commission Page 13
Ordinance creating Section
2.06 of the City of Wichita
Code relating to
Nondiscrimination
Law Department
July 6, 2021
2
Background
• State and federal laws prohibit discrimination based on
protected classes in:
• Employment
• Housing
• Public Accommodations
• City has been asked to consider adopting local ordinance to
prohibit discrimination and become an enforcing agency
• Several cities in Kansas have similar ordinances
3
Protected Classes
Age, color, disability, familial status, gender identity, national
origin or ancestry, race, religion, sex, sexual orientation,
genetic information, veteran status or any other factor
protected by law
4
Applicability
•Within City limits of City of Wichita
• Employment
• Housing
•Public Accommodations
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Employers
• Employers with four or more employees
• Does not include U.S. Government, Indian Tribes
or nonprofit Fraternal or Social
Association/Corporation
• Does not apply to Religious Organization for
employees performing work connected with
religious teaching, ministry, religious duties or
practices, etc.
6
Employers, continued
• Ordinance does not prevent Employers from:
• Requiring reasonable dress and grooming
standards while at work
• Firing or not hiring employees for non-
discriminatory reason
• Requiring employees from using
Employer’s Human Resources procedure
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Housing
• Sale or rental of real property or rental property
• Does not apply to:
• Rental of real property if owner resides on property and no
more than four families or individuals
• Religious organization or religious-based nonprofit that
owns/operates real property or rental housing for non-
commercial purpose
• Nonprofit Fraternal or Social Association/Corporation which
provides real property/rental housing for non-commercial
purpose
8
Public Accommodations
Public Accommodations – Retailers/businesses
open to public
Excludes:
• Fraternal/social organizations’ membership
• Religious Organization’s
• Wedding/marriage ceremonies
• Religious practices or teaching activities
9
Protections for Respondents
• Ordinance cannot constitute an unlawful burden
on an individual’s rights under:
• First Amendment
• Kansas Constitution Bill of Rights
• Kansas Adoption Protection Act
• Kansas Preservation of Religious Freedom Act
10
Enforcement Process
• Aggrieved individuals have 60 days to file from date of violation
• Parties may request mediation at their own expense
• If not mediated within 60 days, complaint is referred to Investigator
• Investigative period shall be concluded within “reasonable time”
• Law Department for determination of Probable Cause within
“reasonable time”
• Conciliation and Settlement within 60 days
• If no settlement, hearing before Municipal Court Judge
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Enforcement Process, continued
• Hearing on complaint upon 10 days’ notice
• Determination by Hearing Officer within 60 days of
hearing
• Potential Civil Penalty of up to $2000
• Hearing Officer may alternatively impose
educational requirement
• Appeals are pursuant to state civil procedure
process
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Expected Outcomes
• City ordinance would generally mirror state law
and most federal laws in prohibiting
discrimination.
• City of Wichita would become an enforcing
agency.
• Implementation would become effective Sept. 1
Nondiscrimination Ordinance
Creating Section 2.06
of the City Code
Law Department
OCA No.: _______
First Published in the Wichita Eagle on _________
ORDINANCE NO. _________
AN ORDINANCE CREATING CHAPTER 2.06 OF THE CODE OF THE CITY OF
WICHITA PERTAINING TO NONDISCRIMINATION.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WICHITA,
KANSAS:
SECTION 1. Section 2.06.010 of the Code of the City of Wichita, is hereby created to
read as follows:
“Policy Prohibiting Discrimination.
The practice or policy of discrimination against persons by reason of their age, color, disability,
familial status, gender identity, genetic information, national origin or ancestry, race, religion,
sex, sexual orientation, veteran status or any other factor protected by law (“protected class”) is a
matter of concern to the City, since such discrimination not only threatens the rights and
privileges of the inhabitants of the City but also menaces the institutions and foundations of a free
democratic state. It is hereby declared to be the policy of the City, in exercise of its police power
for the protection of the public safety, health and general welfare, for the maintenance of business
and good government, and for the promotion of the City’s trade and commerce, to eliminate and
prevent discrimination or segregation based on a protected class. It is further declared to be the
policy of the City to assure equal opportunity and encouragement for every person, regardless of
their membership in a protected class, to secure and hold, without discrimination, employment in
any field of work or labor for which the person is otherwise properly qualified; to assure equal
1
opportunity for all persons within this City to full and equal public accommodations and the full
and equal use and enjoyment of the services, facilities, privileges and advantages of all
governmental departments or agencies; and to assure equal opportunity for all persons within this
City in housing, without distinction on account of membership in a protected class.”
SECTION 2. Section 2.06.020 of the Code of the City of Wichita, is hereby created to
read as follows:
“Nondiscrimination in Contracting.
(a) It is the policy of the City to promote the principles of equal opportunity in its contracting
activities by assuring that those seeking to do business with the City will treat
contractors, subcontractors, and employees equally and will not engage in
discrimination against their contractors, subcontractors, or employees because of
their age, color, disability, familial status, gender identity, genetic information,
national origin or ancestry, race, religion, sex, sexual orientation, veteran status or
any other factor protected by law (“protected class”).
(b) It is also the policy of the City to ensure that work performed on behalf of the City is
done in a cost effective and high quality manner. Employees who are treated fairly are
more productive in their jobs and less likely to change jobs, thus helping to ensure that
government contracts are both cost effective and completed in a professional manner.
(c) All City contracts for goods or services shall include provisions prohibiting
discrimination in employment and in the performance of contracts on the basis of age,
color, disability, familial status, gender identity, genetic information, national origin or
ancestry, race, religion, sex, sexual orientation, veteran status or any other factor
protected by law (“protected class”). This prohibition shall extend to retaliation for
2
opposition to any practices forbidden under this Section, against any person seeking
accommodations, advantages, facilities, privileges, services, or membership in all
business, social, or other establishments or organizations, operated by that contractor.
All contractors shall include a similar provision in all subcontracts.”
SECTION 3. Section 2.06.030 of the Code of the City of Wichita, is hereby created to read as
follows:
“Definitions.
The definitions contained in the Kansas Act Against Discrimination, K.S.A. 44-1001 to
44-1044; the Kansas Age Discrimination in Employment Act, K.S.A. 44-1111 to 44-1121; and
the Discrimination Against Military Personnel Act, K.S.A. 44-1125 to 44-1128, all as may be
amended from time to time, shall apply to this Chapter unless specifically defined herein.”
Aggrieved Individual means any individual who has a good faith belief that such
individual has been injured by an Unlawful Discriminatory Practice as set forth herein.
Days means calendar days. If a deadline falls on a day City Hall is not open (e.g. a weekend,
a holiday recognized by the City, emergency closure) the deadline will be extended to the next day
City Hall is open.
Employee means any individual who is employed by an Employer and receives a salary or
wages from such Employer, but does not include any individual employed by such individual's
parents, spouse or child or in the domestic service of any individual. The term Employee does not
include an independent contractor.
Employer means: (1) any individual or entity (e.g. corporation, partnership, limited liability
company, association, labor organization, mutual company, joint-stock company, trust,
unincorporated organization) doing business within the City of Wichita which has four or more
3
Employees for each working day in each of 20 or more calendar weeks in the current or preceding
calendar year, (2) the City, and (3) any City contractor. For purposes of this Chapter, the term does
not include:
(1) The United States or any department or agency thereof, a corporation wholly owned by
the government of the United States, or an Indian tribe; or
(2) a Nonprofit Fraternal or Social Association/Corporation.
Gender Identity means an individual’s actual or perceived (by the individual or another)
gender-related identity, expression, appearance, or mannerisms, or other gender-related
characteristics regardless of the individual’s designated sex at birth.
Hearing Officer means a Municipal Court Judge of the City.
Investigator means one or more individual(s) designated by the City Manager.
Nonprofit Fraternal or Social Association/Corporation means an association or
corporation that meets all of the following requirements:
(1) it is organized in good faith for social or fraternal purposes;
2) membership entails the payment of bona fide initiation fees or regular dues;
(3) there exists a regularly established means of self-government by the members thereof
clearly set forth in a constitution or by-laws adopted by the membership;
(4) membership is limited and there is a regularly established means of and criteria for
admitting members and for expulsion of members by the existing membership or by their duly
elected or appointed delegates; and
(5) it is not operated, directly or indirectly for purposes of profit for any individual or groups
of individuals other than the membership as a whole.
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To the extent not otherwise included, the term also includes any bona fide membership club
that is exempt from taxation under Title 26, Section 501(c) of the United States Code. The term
does not include a labor organization.
Place of Public Accommodation shall include every establishment within the city that is
open to the general public and offers any product, service or facility. The term Place of Public
Accommodation shall include, but not be limited to, all taverns, hotels, motels, apartment hotels,
apartment houses with one or more tenant units, restaurants or any place where food or beverages
are sold, retail and wholesale establishments, theaters, motion picture houses, museums, bowling
alleys, golf courses and all public conveyances, as well as the stations or terminals thereof. The
term Place of Public Accommodation shall not include any establishment operated by a Nonprofit
Fraternal or Social Association/Corporation, or bona fide civic, political or religious organization,
which restricts its products, facilities and services to the members of such association/corporation
or organization, their guests, or individuals who promote the principles for which the
association/corporation or organization is established or maintained.
Religious Organization means a church, mosque, temple, synagogue, nondenominational
ministry, interdenominational and ecumenical organization, mission organization, faith-based
charity, faith-based social agency, faith-based educational institution, or other entity principally
devoted to religious practice, teaching or education.
Rent means to lease, to sublease, to let or otherwise to grant the right to occupy premises
not owned by the occupant in exchange for payment or other consideration.
Respondent means the individual or entity against whom a complaint alleging
discrimination or retaliation has been filed with the City.
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Sexual Orientation means an individual’s actual or perceived (by the individual or another)
emotional, romantic, or sexual attraction to other people, such as heterosexual, homosexual,
bisexual, pansexual or asexual.
Unlawful Discriminatory Practices means those practices prohibited by Section 2.06.050
of this Chapter.”
SECTION 4. Section 2.06.040 of the Code of the City of Wichita, is hereby created to
read as follows:
“Civil Rights Declared.
(a) The right of an otherwise qualified person to be free from discrimination because of that
person’s age, color, disability, familial status, gender identity, genetic information,
national origin or ancestry, race, religion, sex, sexual orientation or military or
veteran status is recognized as, and declared to be, a civil right. This right shall
include, but not be limited to, all of the following:
(1) The right to obtain and hold employment and the benefits associated therewith
without discrimination.
(2) The right to the full enjoyment of any of the accommodations, advantages,
facilities or privileges of any place of public accommodation without
discrimination.
(3) The right to engage in property transactions, including obtaining housing for
rental or sale and credit therefor, without discrimination.
(4) The right to exercise any right granted under this chapter without suffering
coercion or retaliation.
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SECTION 5. Section 2.06.050 of the Code of the City of Wichita, is hereby created to
read as follows:
“Unlawful Discriminatory Practices.
In order to protect specific individuals within the city from discrimination on the basis of
their membership in a legally-protected class, it shall be a duty of each individual or entity doing
business within the city to not commit the following Unlawful Discriminatory Practices:
A. Employment - It shall be an Unlawful Discriminatory Practice for an Employer to
refuse to hire or employ, or to discharge from employment or to otherwise
discriminate against an otherwise qualified Employee in compensation or in terms,
conditions or privileges of employment, because of the Employee’s membership in
a protected class. This Chapter shall not apply to a Religious Organization with
respect to the employment of individuals performing work connected with the
carrying on of the organization’s religious teaching, ministry, religious duties or
practices, advancement of religion, or other religious activities.
B. Housing - It shall be an Unlawful Discriminatory Practice for an individual or entity
to discriminate against any individual in the terms, conditions, or privileges of the
sale or Rent of real property within the city including Rental Housing, or in the
provision of services or facilities in connection therewith, because of an individual’s
membership in a protected class, or to discriminate against any individual in such
individual's use or occupancy of Rental Housing within the city because of the
membership in a protected class of individuals with whom such individual
associates. This provision shall not apply to the Rent of real property containing
dwelling units occupied or intended to be occupied by no more than four persons or
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families living independently of each other, if the owner actually maintains and
occupies one of such dwelling units as the owner's residence. Additionally, nothing
in this Chapter shall prohibit:
1. A Religious Organization or any nonprofit institution or organization
operated, supervised or controlled by or in conjunction with a Religious
Organization, from limiting the sale, rental or occupancy of real property or
Rental Housing which it owns or operates for other than a commercial
purpose to individuals of the same religion or individuals who promote the
religious principles for which it is established or maintained, or from giving
preference to such individuals.
2. A Nonprofit Fraternal or Social Association/Corporation, which as an
incident to its primary purpose or purposes provides real property or Rental
Housing which it owns or operates for other than a commercial purpose,
from limiting the rental or occupancy of such real property or Rental Housing
to individuals who are members or individuals who promote the principles
for which it is established or maintained, or from giving preference to such
individuals.
C. Public Accommodation - It shall be an Unlawful Discriminatory Practice for the
owner, operator, lessee, manager, agent or Employee of any Place of Public
Accommodation to refuse, deny or make a distinction, directly or indirectly, in
offering its goods, services, facilities, privileges, advantages or accommodations to
any individual because of their membership in a protected class. Nothing in this
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Chapter shall be interpreted to apply to a Religious Organization’s performance of
a religious function, including but not limited to the:
1. Provision of goods, services, facilities, privileges, advantages or
accommodations related to the solemnization or celebration of a marriage,
or
2. Performance of its religious teachings, ministry, religious duties or practices,
advancement of religion, or other religious activities.”
SECTION 6. Section 2.06.060 of the Code of the City of Wichita is hereby created to
read as follows:
“Interpretation.
Nothing in this Chapter shall be construed to:
A. Prohibit an Employer from requiring an Employee, during the Employee's hours at
work, to adhere to reasonable dress or grooming standards not prohibited by other
provisions of federal, state, or local law.
B. Require an Employer to hire unqualified individuals or to retain Employees when
there is a legitimate non-discriminatory or non-retaliatory reason to hire another
candidate or terminate employment, or prevent any adverse action against an
Employee that would have been taken regardless of the Employee’s membership in
a protected class.
C. Prohibit an Employer from requiring all of its Employees, as a condition of
employment, to utilize the Employer’s applicable established internal human
resource procedure(s) to address any allegation of discrimination or retaliation in the
workplace. The fact that an Employer requires an Employee to utilize the
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Employer’s applicable established internal human resource procedure(s) to address
any allegation of discrimination or retaliation in the workplace shall not, in itself, be
deemed a violation of this Chapter. However, an Employee may simultaneously file
a complaint with the City as provided in this Chapter, and completion of the
Employer’s procedures is not a prerequisite to filing a complaint with the City.
D. Require any person or entity subject to this Chapter to make changes requiring a
building permit to any existing facility, except as otherwise required by law.
E. Prohibit an Employer or Place of Public Accommodation from posting signs for
restrooms and dressing rooms based on gender.
F. Prohibit a Nonprofit Fraternal or Social Association/Corporation or Religious
Organization from limiting membership as is calculated by the
association/corporation or organization to promote the principles for which it is
established or maintained.
G. Be construed or applied in a manner that violates any law or unlawfully infringes
upon any rights under the First Amendment of the United States Constitution,
Section 7 of the Kansas Constitution Bill of Rights, the Adoption Protection Act
(K.S.A. 60-5322, and amendments thereto), or the Kansas Preservation of Religious
Freedom Act (K.S.A. 60-5301 et seq., and amendments thereto).
H. Make it lawful to retaliate against individuals for exercising their rights to oppose
unlawful discrimination.
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SECTION 7. Section 2.06.070 of the Code of the City of Wichita is hereby created to
read as follows:
“Enforcement.
A. An Aggrieved Individual may file a written complaint with the City Clerk that the
individual has been, or is being, subject to an alleged Unlawful Discriminatory
Practice(s) as prohibited by this Chapter. The complaint may be filed personally or
through an attorney (or if a minor, through the minor’s parent, legal guardian or
attorney) and shall be completed on a form provided by the City. The complaint
form shall state the names and contact information of the Aggrieved Individual, the
individual(s) and/or entity/entities alleged to have committed the Unlawful
Discriminatory Practice(s), a description of the alleged unlawful conduct, and all
other information as may be required by the form provided by the City. The
complaint form shall only be considered complete if all information required by the
City’s form has been provided to the extent such information is reasonably available
to the Aggrieved Individual.
B. The complaint form must be filed within sixty (60) Days of the alleged Unlawful
Discriminatory Practice, unless the act complained of constitutes a continuing
pattern or practice of discrimination, in which event it must be filed within sixty (60)
Days of the last act of discrimination.
C. The complaint may be referred to an approved mediator for non-binding mediation
at the request of the parties. The mediator shall either be a person agreed upon by
the Aggrieved Individual and the Respondent or, if no such agreement can be
reached within a reasonable time following the filing of the complaint, a person
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selected by the City Manager will serve as the mediator. Any fees charged by the
mediator shall be split equally between the parties. If mediation is not successfully
completed within sixty (60) Days of the referral, or a party chooses not to pursue
mediation, the complaint shall be referred to the Investigator.
D. Upon receipt of a complete complaint, the Investigator shall notify the
Respondent(s) of the complaint, providing sufficient details related to the complaint
so the Respondent(s) may respond. The Investigator shall give the Respondent(s)
thirty (30) Days to file a written answer to the complaint, and to provide any
documentation or evidence related to the complaint. The Investigator may, at the
request of Respondent(s), extend the answer period an additional thirty (30) Days.
If the Respondent accused of violating the provisions of this Chapter is the City, the
City will engage an independent Investigator who shall not otherwise be an
Employee, agent, or contractor of the City.
E. Following the conclusion of the answer period, the Investigator may initiate an
investigation period, requesting that the Aggrieved Individual and/or Respondent(s)
provide additional information, documentation, statements or testimony as needed
to facilitate the investigation of the complaint. This investigation period shall be
concluded within a reasonable period of time following the submission of additional
information, documentation, or testimony.
F. Upon conclusion of the investigation period, the Investigator shall forward all
evidence and other information received during the investigation to the Law
Department. The Law Department will make a determination whether probable
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cause exists that: (i) the Respondent(s) committed an Unlawful Discriminatory
Practice, and (ii) imposition of a penalty pursuant to this Chapter:
1. Would not constitute an unlawful burden of a person's right to exercise of
religion pursuant to Section 7 of the Kansas Constitution Bill of Rights or
the Kansas Preservation of Religious Freedom Act (K.S.A. 60-5301 et seq.,
and amendments thereto), or an unlawful burden of a person’s freedom of
speech, expression, or association (as protected by the First Amendment of
the United States Constitution or the Kansas Constitution); or
2. If imposition of a penalty would constitute a burden, application of such
burden to the person would be in furtherance of a compelling governmental
interest and such application would be the least restrictive means of
furthering that compelling governmental interest.
G. If the Law Department finds that probable cause does not exist, then the Law
Department shall notify the Aggrieved Individual and the Respondent(s) within a
reasonable period of time, and this notification shall be considered a final order and
no further action shall be taken by the City.
H. If the Law Department finds probable cause does exist, the Law Department shall
notify the Aggrieved Individual and Respondent(s) and request conciliation and
settlement. If a party refuses to participate in conciliation and settlement, or if a
settlement agreement is not executed within sixty (60) Days of the date of the finding
of probable cause (unless such time is extended by the Law Department for good
cause and with the agreement of all parties), the matter shall be referred to the
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Hearing Officer for review, who shall sit as an administrative judge for purposes of
this Chapter.
I. Upon referral to the Hearing Officer, the Hearing Officer shall schedule a hearing
on the complaint. The parties shall be given ten (10) Days’ written notice via
certified mail of the date, time, and place of the hearing. At such hearing, the parties
and the Law Department shall be entitled to call witnesses and to present such other
evidence as appropriate. The hearing shall be conducted in accordance with such
procedures as may be established by the Hearing Officer, but the rules of evidence
used in courts of law need not be strictly enforced.
J. Any determination of the Hearing Officer that the Respondent(s) committed an
Unlawful Discriminatory Practice shall be issued in writing within sixty (60) Days
of the hearing, shall be based upon the preponderance of the evidence, and shall set
forth the essential elements and facts of the determination. If the Hearing Officer
finds that a civil violation of this Chapter has occurred, the Hearing Officer may
impose a civil penalty upon the Respondent(s) in the amount of up to $2,000.00 for
each violation. Each party is to bear their own attorneys’ fees, if any. Any fines
collected under this section shall be used to offset the costs of enforcement of this
ordinance. The Hearing Officer is further authorized, in his or her discretion and in
lieu of a civil penalty, to require reasonable educational requirements on the
Respondent to address violations of this ordinance, by written order.
K. The filing of a complaint for the alleged violation of this Chapter or a response
thereto shall in no way preclude any party from seeking other relief under state or
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federal law. Appeals from any final determination of the Hearing Officer shall be
made pursuant to K.S.A. 60-2101(d) and its amendments.
SECTION 8. Section 2.06.080 of the Code of the City of Wichita is hereby created to
read as follows:
“Severability.
Should any section, subsection, sentence, clause or phrase of this Chapter, or the application
thereof to any person or circumstance, be declared to be unconstitutional or invalid or
unenforceable, such determination shall not affect the validity of the remaining portions of this
Chapter.
SECTION 9. This ordinance shall be included in the Code of the City of Wichita, Kansas,
and shall be effective upon publication once in the official paper. Complaints will be accepted
beginning September 1, in order to allow time for implementation of enforcement processes.
ADOPTED at Wichita, Kansas, ______ day of July, 2021.
______________________________
Brandon J. Whipple, Mayor
ATTEST:
_____________________________
Karen Sublett, City Clerk
Approved as to form:
_____________________________
Jennifer Magaña
City Attorney and Director of Law
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