Future of Heartland Park (and KS Nationals) in jeopardy (2 Viewers)

[FABMAN]

If Topeka citizen's shut this track down there will never be Drag Racing at a professional level again in Kansas City area.

 

[Chevy Nick]

Some letters to the editor of the Topeka Capital-Journal

Heartland Park is an asset to Topeka

Heartland Park petition is a terrible mistake

Consider the options with Heartland Park

 

[Chevy Nick]

Topeka City Councilman calls for action on Heartland Park

City Councilman Chad Manspeaker seeks action to be taken by the Topeka City Council at this week’s meeting in regards to the Heartland Park petition.

In a news release sent Monday morning, Manspeaker says, “I first would like to call on the County Commission to look into the handling of the petition by their staff. It would appear given the emails released last week that the best interest of the petition signers was at best, not a priority and at worst, intentionally misguided. The County Commission as the elected body of the County must stand and account for the County Counselors action or lack thereof.” Manspeaker said. “It is this kind of lack of oversight that gives me strong concerns about the way the County does business.”

 

[Chevy Nick]

I am going to try and attend the Topeka city council meeting Tuesday evening.

 

[rocketman]

Man I feel bad for all you locals. Man everything is falling apart around us. Pacific might be lost too.

 

[Chevy Nick]

Shawnee County counselor on unpaid suspension following Heartland Park emails

Shawnee County counselor Rich Eckert has been placed on a two week, unpaid suspension following the release of emails between him and the city regarding the Heartland Park Topeka petition.

Shawnee County Commission chairman Bob Archer Tuesday morning announced the commissioners are reprimanding Eckert for what they view as “inappropriate email comments.” The suspension started Tuesday.

“Although Mr. Eckert strongly believes that his work on the documentation regarding the Heartland Park Topeka petition is legally sufficient as to form, his personal views should not have been expressed,” Archer said in the news release. “The commission wants to make it clear that county email is strictly for county business and there is no room for editorializing or personal views.”

The commission, Archer added, was not included on the email exchange and will take no position on Heartland Park, as it “is a city of Topeka issue.”

Eckert on Monday issued a statement apologizing for the tone of his emails and stood by his legal opinion on the subject.

The Topeka Capital-Journal on Oct. 16 published email correspondence between Eckert and Topeka city attorney Chad Sublet after making a Kansas Open Records Act request for the documents. The emails discuss a petition effort to force to a public vote the city’s acquisition of Heartland Park.

 

[WB_Strip]

Reading some of the reply's that are posted after the letter to the editor seem the best thing to do is let it close those people don't deserve a race track and all the money it brings in

 

[Chevy Nick]

City will continue effort to try to invalidate Heartland Park petition

Two Topeka City Council votes taken Tuesday evening cleared the way for the city government to seek to legally invalidate a petition targeted at forcing a public vote on the city’s purchase of Heartland Park Topeka.

Council members voted 6-3 to reject Councilman Chad Manspeaker’s motions:

■ To suspend the council’s rules so it could consider his proposal to direct city attorney Chad Sublet not to pursue litigation challenging the petition.

■ To suspend the rules so it could consider his proposal to call for a special, citywide ballot question to be held on whether to proceed with the purchase.

Votes from two-thirds of council members were required to suspend the rules to get either proposal onto the agenda.

Council members Manspeaker, Denise Everhart and Elaine Schwartz voted in favor of suspending the rules.

Council members Karen Hiller, T.J. Brown, Sylvia Ortiz, Michelle De La Isla, Nathan Schmidt and Richard Harmon voted against the move.

Hiller then made a motion to suspend the council’s rules to take up the Heartland Park matter as a discussion-only item.

Hiller said she had heard a tremendous number of comments from people who “don’t know what the deal is,” and she wanted to get the word out that the city has as much as $10 million in future tax dollars at risk, as well as the risk of losing racing indefinitely.

Council members voted 8-1, with Ortiz dissenting, to approve Hiller’s motion.

Tuesday evening’s discussion was linked to the governing body’s 9-1 vote on Aug. 12 to purchase Heartland Park and expand its redevelopment district. The purchase was among steps required to carry out the city’s plan to buy Heartland Park and solve a problem regarding Sales Tax Revenue (STAR) bond debt.

Topekan Chris Imming then led a petition drive that appeared to have successfully gained the 2,132 signatures needed to force a citywide ballot question on the matter. But Topeka city manager Jim Colson said last week he would ask a court to rule on the petition’s legal validity.

Council members met behind closed doors in executive session for nearly 50 minutes near the beginning of Tuesday’s meeting to discuss the matter with city attorney Chad Sublet.

As a result of the approval of Hiller’s motion, they then talked about the matter for 70 more minutes during the meeting’s public portion.

 

[Chevy Nick]

I thought this legal challenge was already underway, but now it's official. City government files legal challenge to validity of Heartland Park petition

Topeka city attorney Chad Sublet’s office on Wednesday filed a challenge to the legality of a petition targeted at forcing a public vote on the city’s purchase of Heartland Park Topeka.

“The purpose of the filing is to receive a judicial determination regarding the validity of the petition so the process can move forward,” city communications and marketing director Suzie Gilbert said in a news release.

Gilbert noted that petition drive organizer Chris Imming told city officials at Tuesday’s council meeting, “I think you have a responsibility to do the right thing and I think that’s what you’re doing.”

She added, “Both Imming and city of Topeka officials look forward to an expedient judicial process.”

It wasn’t immediately clear when a ruling might come.

Imming initiated the petition drive after Topeka’s governing body voted 9-1 on Aug. 12 to purchase the financially troubled Heartland Park racing facility and expand its redevelopment district. The purchase was among steps required to carry out the city’s plan to buy Heartland Park and solve a problem regarding Sales Tax Revenue (STAR) bond debt.

Shawnee County counselor Rich Eckert concluded Aug. 21 that the petition “substantially complied” with state law.

Imming’s petition drive gained 3,587 verifiably valid signatures, more than the 2,132 required to put the matter on the ballot, but Topeka city manager Jim Colson said last week he would ask a court to rule on the petition’s legal validity.

Sublet noted last week that a third party — the law firm of Lathrop & Gage — expressed the legal opinion last week citing five reasons as to why the petition isn’t valid, in which case the city would lack the legal authority to schedule a ballot question vote.

Eckert responded that Imming’s petition was substantially compliant in two of the areas Lathrop & Gage cited while the other three were “content-based” issues his office isn’t authorized to review.

Gilbert said the city attorney’s office on Wednesday filed a petition for declaratory judgment and a motion for summary judgment regarding the petition in Shawnee County District Court. A summary judgment is a determination made by a court without a full trial.

The lawsuit petition was 19 pages long and accompanied by 72 pages of supporting documents.

The motion for summary judgment was accompanied by a 23-page memorandum outlining arguments in support of it.

 

[Chevy Nick]

The city of Topeka released the following statement today:

In the simplest terms, the City is purchasing Heartland Park for $5 million dollars, and in exchange, is receiving $16.4 million dollars in sales tax revenue from the State. The State is willing to do this because they recognize Heartland Park as having a “significant economic impact on the state attracting people inside and outside the State of Kansas.” This economic impact also allows the all Kansans to assist with debt service, rather than just the citizens of Topeka.

This plan is similar to the expansion of the T-Bones STAR bond district to incorporate portions of the legends in Kansas City to address the debt service associated with the construction of the T-Bones stadium. The Unified Government of Wyandotte County purchased the T-Bones Stadium and in exchange the state allowed them to expand the district to increase revenue to address debt service. This is a mechanism that has been used statewide for projects from the salt mine museums in Hutchinson to the NASCAR facility in Kansas City. It is a mechanism that allows for local use of state sales tax dollars to encourage local economic development.

Many people have seen this as the City getting into the racing business which is in no way the plan of the City. To repeat: the City of Topeka has no interest or plans to run a racetrack. The City is in the process of identifying a management group with expertise in the racing industry and the financial ability to effectively manage the track. The City has been contacted by three different entities interested in managing the facility. All three entities have expertise in racing and the financial ability to manage the facility. The selection will go through a public and competitive Request for Proposal process and the best organization will be identified by a committee of internal and external experts in racing, finance and entertainment venues.

One of the most exciting aspects of this plan is that the NHRA has committed to continuing their relationship with Heartland Park for an additional 3 years if the STAR bond plan is completed. They have also committed to devoting their extensive marketing and promotional department to assist in making sure the event is as successful as possible. The ability to identify a first class organization to manage Heartland Park and garner $16.4 million in new revenue for the City to address debt service with the full support of the NHRA is a unique and exciting opportunity for the City.

The city of Topeka has created a website with much information on the Heartland Park situation here: http://www.topeka.org/HPT/

Sadly, if Topeka had taken this approach of transparency and communication back in July, new management would probably already be in place.

 

[FABMAN]

Thanks a bunch Nick for keeping us updated on the Heartland Park situation and thanks to NHRA for stepping in and putting their position in place. This puts a positive look on future of track.

 

[Chevy Nick]

Here's the best remark I've heard from this saga:
At least now the citizens of Topeka know there's a race track in town.

 

[Jeff]

Thanks Nick, it has been great to be able to keep up with this issue. Hope the track is able to stay open. Sure wish the NHRA move their Divisionals away from nearly back to back in July/August .... really hot then.

 

[Chevy Nick]

I agree, July and August in Topeka, KS is uncomfortable. Spring or Fall is way more comfortable weather.

 

[Chevy Nick]

Jayhawk Racing seeks to join Heartland Park petition case

It could be the end of the road for Jayhawk Racing if a petition to force a public vote on Heartland Park Topeka goes forward, according to court documents filed Monday.

Jayhawk Racing, which is owned by Raymond Irwin, petitioned Shawnee County District Court to let it intervene in a case between the city and petition coordinator Chris Imming to decide whether the petition met its legal obligations. If a party is allowed to intervene, it can file arguments in favor of its own interests for the judge to consider.

Imming led the petition drive, which appears to have gathered the 2,132 valid signatures needed to force a ballot question before the city can buy Heartland Park and issue $5 million in new Sales Tax Revenue (STAR) bond debt to finance the purchase.

The city argued, however, that the petition was worded incorrectly and therefore invalid, and brought the issue to court last week.

Jayhawk Racing had entered into a memorandum of understanding with the city, Visit Topeka Inc. and the Kansas Department of Commerce on June 23, according to the filing. In the memo, the city agreed to purchase Heartland Park from Jayhawk Racing for $2,392,117 by Feb. 15, or within 90 days of the Topeka City Council approving the STAR bond district. It also stated that if someone filed a petition to put it on the ballot, payment would be made within 60 days if the voters approved the purchase.

“If the transaction (with the city of Topeka) fails as a result of the Imming Petition, Jayhawk faces the very real possibility it will be forced out of business,” court documents said.

The city argued that purchasing the track would allow it to expand the STAR bond district to include more properties. STAR bonds are repaid by directing state and local sales tax collected in the affected district toward the bonds, rather than local and state general funds. The current district has fallen short of the collections needed by $8 million, and the city indicated the Kansas Department of Commerce won’t approve expanding the district unless the city buys Heartland Park.

An attached document included a host of arguments related to the wording of the petition, ranging from citing a wrong statute to phrasing that the majority of voters in Topeka, rather than the majority voting in any election, would have to approve the petition for it to be valid. That would require an almost unheard-of turnout of greater than 50 percent if the judge approved it, assuming all of those voters disliked the idea of buying Heartland Park. In reality, turnout would probably have to be much higher if the judge agreed with that argument.

The city and a company named Lario Enterprises had entered into an agreement to develop and manage what would become Heartland Park in 1988. Jayhawk Racing took over the management agreement in 2003, according to court documents. The city approved issuing about $10.5 million in STAR bonds in December 2005 to finance about half of the cost of redeveloping Heartland Park.

Jayhawk argued Heartland Park has a significant effect on Topeka, bringing in about 200,000 guests annually, for a total economic impact of $159.9 million per year.

http://m.cjonline.com/news/business...s-join-heartland-park-petition-case#gsc.tab=0

 

[Chevy Nick]

Heartland Park depositions to go forward, but under seal

Jayhawk Racing will participate in the case surrounding a petition to force a vote on the purchase of Heartland Park, and a last-minute motion from the city to stop depositions scheduled for Thursday morning fell short — though the depositions’ content will be sealed.

A hearing Wednesday afternoon to determine whether Jayhawk Racing should be allowed to participate in the city’s lawsuit related to a petition filed by Topekan Chris Imming expanded in scope unexpectedly. The hearing touched on that issue and also what, if anything, Imming’s attorney should be able to ask city and county employees in depositions scheduled for 10 a.m. Thursday.

Jayhawk Racing, which is owned by Ray Irwin, owns Heartland Park. The case centers around whether a petition Imming circulated to force a vote on the purchase of Heartland Park is invalid because of what the city alleges are flaws in its language.

Kevin Fowler, attorney for Jayhawk Racing, said the business had no choice but to intervene after Imming’s attorney, R.E. “Tuck” Duncan, filed a motion to challenge the city’s right to bring the suit. Fowler told Judge Larry Hendricks that Jayhawk’s rights were affected if the voters decided not to purchase Heartland Park.

“Because of the timing, (a vote) in and of itself may cause Jayhawk Racing to go out of business,” he said.

Duncan said Jayhawk’s argument was based on what the voters might decide to do, not whether Imming’s petition was valid.

“They’re whining about the fact that they could lose some money if the vote goes forward,” he said.

Hendricks ruled that Jayhawk should be a party to the suit, based on their concrete interest in its outcome, and the fact that no one would represent them if the city’s portion of the suit were to be dismissed.

Attorneys representing the city of Topeka filed objections to Duncan’s request to depose county counselor Rich Eckert, Mayor Larry Wolgast, city manager Jim Colson, city attorney Chad Sublet and city administrative and financial services director Doug Gerber beginning Thursday morning. Lawyer Curtis Tideman said Duncan had set out wide parameters for potential questions, which could reach into political issues or areas covered by attorney-client privilege.

Duncan said he needed to determine whether the city council reached a “consensus” in executive session without conducting a public vote.

“What (Duncan’s) telling you is he’d like to go fishing for an open meetings violation,” Tideman said.

“I’m not fishing,” Duncan responded.

Hendricks ruled the depositions could go forward, and that he would rule on whether any questions were out of order and whether any information gained should be used in the hearing on the petition’s merits. He also put a protective order on the depositions, preventing their public release.

 

[Chevy Nick]

We're in the midst of litigation and legal maneuvering now.

Attorney: Topeka city manager can't file suit to challenge Heartland Park petition

The city of Topeka’s challenge to a petition requiring a vote on the purchase of Heartland Park is invalid because the city council never voted on it, according to a defendant’s motion filed Monday.

The city has argued the additional $5 million in STAR bonds to purchase Heartland Park would allow it to expand the sales tax district surrounding the race track, allowing it to continue paying back the roughly $10 million in bonds it issued in 2006 to finance racetrack improvements. The city and the state both would give up sales tax revenue in the expanded district to pay off the combined bonds. The existing bond district has never produced enough sales tax revenue to pay off existing bonds.

Topekan Chris Imming had collected signatures to a petition to force a vote before the city of Topeka could issue Sales Tax Revenue (STAR) bonds to purchase Heartland Park. The city filed a lawsuit in Shawnee County District Court after receiving a legal opinion that Imming had collected the required number of signatures, but that the petition language was flawed.

Imming’s attorney, Robert “Tuck” Duncan, filed a motion for summary judgment Monday. The city and Jayhawk Racing, which owns Heartland Park, also have filed motions for summary judgment. Such a motion essentially argues the opponent’s case has so little merit or is so flawed legally that a full hearing or trial isn’t necessary.

Duncan cited Mayor Larry Wolgast’s statement in a deposition that the city council hadn’t voted to file a lawsuit challenging Imming’s petition and city manager Jim Colson’s statement that he had made the decision to file the case. He also referred to the description of the city manager’s duties in Topeka’s charter ordinance, which he said doesn’t give the city manager the power to file legal actions.

City communications and marketing director Suzie Gilbert said the city couldn’t comment on pending litigation, but will file a response with the court.

The city had argued Imming’s petition was invalid because it didn’t include the correct language for the type of petition needed to challenge a STAR bond project. Jayhawk Racing, which is owned by Ray Irwin, argued the petition was likely to confuse voters because it didn’t include the text of the ordinance or mention the public process surrounding it.

Duncan argued in his motion the petition substantially complied with all requirements, and people who read and signed the petition weren’t confused about its meaning. He also argued Imming’s petition affected only the portion of the city ordinance related to Heartland Park that authorized the sale of bonds, and that the purchase could be paid for another way, citing city financial services director Doug Gerber’s deposition.

Duncan also was scheduled to take depositions from county counselor Rich Eckert and city attorney Chad Sublet on Thursday. The filing Monday didn’t mention any statements made by either attorney.

A hearing on the lawsuit is scheduled for Thursday.

http://m.cjonline.com/news/business...-file-suit-challenge-heartland-park#gsc.tab=0

 

[Chevy Nick]

Heartland Park lawsuit: City files response to counterclaim

Topeka’s city government disagrees with a petition drive organizer’s argument that the lack of a city council vote to approve the move rendered invalid the city’s challenge to the petition seeking to require a public vote on the city’s proposed purchase of the Heartland Park Topeka racing facility.

Attorneys for the Overland Park-based legal firm of Lathrop & Gage LLP on Wednesday filed an answer on the city’s behalf to a counterclaim Topeka attorney R.E. “Tuck” Duncan filed last week on behalf of Chris Imming, the petition drive organizer.

In addressing Imming’s claim that the lack of a council vote to approve the lawsuit made it invalid, the response said simply that the city “denies” that allegation.

Shawnee County District Judge Larry Hendricks plans to hear oral arguments Thursday regarding the lawsuit, which the city filed last month challenging the petition’s legality. The hearing is to begin at 9 a.m. in Room 320 of the Shawnee County Courthouse, 200 S.E. 7th.

Hendricks recently issued an intervention order allowing the track’s owner, Jayhawk Racing LLP, to participate in the case. Kansas statute requires the case to be decided by Nov. 11.

Imming initiated the petition drive after Topeka’s governing body voted Aug. 12 to purchase the financially troubled Heartland Park racing facility and expand its redevelopment district. The purchase was among steps required to carry out the city’s plan to buy Heartland Park and solve a problem regarding Sales Tax Revenue (STAR) bond debt.

The petition drive gained more than the number of signatures required to get the matter on the ballot, but Lathrop & Gage last month provided the city government a legal opinion stating reasons it considers the petition legally invalid.

 

[Terry]

Hey, Nick. I don't know if anyone has given you a thank you shout out for keeping us (especially us Div. 5 Guys) updated on the Topeka saga. I appreciate you taking the time to post the link for us to get the latest news on what sounds to be a really involved mess.

 

[Chevy Nick]

No problem Terry, I'm happy to help. It's a lot like following a soap opera everyday. I hope Heartland Park is open next year, I enjoy road racing out there, and watching the KS Nationals.