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Wichita council declines to set public hearing on proposed Old Town community improvement district
Summary
Property owners sought a CID that would add a 2% sales tax and raise payments-in-lieu for parking, but council members raised legal and equity concerns and did not vote to set a public hearing.
A proposal to set a public hearing on a proposed Old Town community improvement district (CID) failed to win enough support from the Wichita City Council on March 4, after members raised legal and equity concerns.
Property owners had submitted a petition asking the city to form a CID that would add a 2% CID sales tax within a defined Old Town boundary and raise payment-in-lieu of parking from $7.50 to $15 per space per month. Petitioners said revenue would pay for parking operations, enforcement and security in Old Town. City staff’s initial review showed the petition met the state threshold (owners representing roughly 78% of land area and 79% of assessed value had signed) but not the city’s local policy threshold of 100% of property owners.
Council members asked whether petition language that limited a future council’s ability to terminate the CID was enforceable under state law; outside counsel advised the council that limits on a future governing body’s legislative authority would likely not be enforceable. Council members also expressed concern that the petition was submitted with language different from a draft staff had provided and that staff only discovered edits when reviewing the filing.
Several council members said they were worried that the CID would not raise the projected revenue because Kansas law excludes liquor sales from the proposed CID sales tax; Old Town has significant alcohol sales and the petitioners’ projections may have counted them. Members also noted the district contained city‑owned parcels that had not signed the petition and that the city’s local policy requires signatures from all property owners.
The debate included a request from some council members to give petitioners more time to amend the petition or secure additional signatures; motions to set a public hearing failed at two points in the meeting by 4–3 votes. Because the council did not adopt a resolution to set a hearing, the CID petition will not proceed to a public hearing under the current timeline.
Why it matters: The proposed CID was intended to pay for parking management and enforcement in Old Town without relying on general city revenue. Council members said they supported the overall idea of parking management but sought stronger petition language, clarity on legal enforceability, and more transparent engagement with property owners before advancing a hearing.
What’s next: Petitioners can revise the petition and re-submit; the council could accept an amended petition and adopt a hearing resolution at a future meeting if terms are clarified and legal concerns addressed.
