Future of Heartland Park (and KS Nationals) in jeopardy (1 Viewer)

[Chevy Nick]

Letter: Heartland Park only 'a playground for the affluent'

Again the citizens are deemed by the city administration and judicial officials “too stupid” to know what they want regarding Heartland Park.

The Shawnee County District judge has ruled that an administrative body can tax citizens legally to buy bankrupt companies over their protestations. The only recourse we citizens have appears to be the ballot box for city and county offices or revolution — I prefer the ballot box.

It appears that the judge found a convoluted loophole in the fine, fine, fine print of statutes — not unlike the Supreme Court in its interpreting ACA as a tax — that thwarts the will of the people.

The purchase of this bankrupt race track, a playground for the affluent, was not wanted by some 3,500 citizens of Topeka.

However, the citizens’ voices and rights appear to be inferior to the desires of a few in government.

Beware government officials — we may be too stupid to grasp the legalese, but we are not so stupid as you would have everyone believe when it comes to right and wrong.

Citizens, remember this sleight-of-hand when these folks come to you for your vote next election.

BOB RUNION, Topeka

 

[Terry]

Oh, my, Nick. Sounds like Mr. Runion is unaware of the old adage of how to make a small fortune in racing.....start with a large fortune!

 

[Chevy Nick]

Half a dozen parties seeking to buy, manage Heartland Park

Five or six parties have registered so far to submit proposals to Topeka’s city government seeking to be chosen to purchase or manage Heartland Park Topeka, city officials said Monday evening.

That development was revealed as council members Karen Hiller, T.J. Brown and Elaine Schwartz held a meeting at Terry’s Bar & Grill, 522 S.W. 6th, to answer questions and solicit input about the city’s planned purchase of the financially troubled racing facility.

The gathering lasted 100 minutes. The audience was mostly middle-aged or older, with some ordering food and many drinking water, pop or beer.

Brown acknowledged to the more than 60 people present that city officials should have communicated more with the public earlier in the process of arranging the proposed purchase.

The city’s governing body voted Aug. 12 to authorize the purchase of Heartland Park and the expansion of 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. City manager Jim Colson said the city has no plans to run the racetrack and only wants to find a new owner or manager for it.

A petition drive subsequently gained more than the required number of signatures to put the matter on the ballot for a citywide election, but the city filed a lawsuit and Shawnee County District Judge Larry Hendricks last month ruled the petition invalid. Petition drive organizer Chris Imming said last week he plans to appeal.

City attorney Chad Sublet told Monday’s audience the law allows the city to move forward with the STAR Bond re-issuance while the appeal is being decided. Sublet said the council plans to vote to consider “pricing” the bonds at its meeting Tuesday, then to consider selling them Dec. 16.

Meanwhile, the city is in the midst of accepting proposals from anyone seeking to buy or manage the track, with the deadline being Dec. 12.

Hiller told Monday’s audience the city won’t pay anyone to run the track. In fact, she said, the city’s RFP makes it clear that anyone chosen would pay the city to be able to manage Heartland Park.

In response to questions posed Monday:

■ Hiller said the city has no other STAR Bond projects going aside from the one at Heartland Park.

■ When an audience member noted the expansion of the Heartland Park Redevelopment District will mean some sales tax revenue that formerly went straight to the city will now go to pay off the Heartland Park STAR bonds, Schwartz said the amount redirected will be about $105,000 a year.

■ After an audience member asked why Colson wasn’t present, Hiller said the council members “didn’t really invite him.” Suzie Gilbert, the city’s communications and marketing director, stressed the city administration would hold another public meeting regarding the matter from 5:30 to 7 p.m. Dec. 8 in the main conference room at the city’s Holliday Building, 620 S.E. Madison.

■ When asked why the city couldn’t let Heartland Park fail, then acquire it, Hiller said if the city did that, the track would consequently miss a season of racing and may well never be able to get going again.

At one point, Monday’s audience was asked to provide a show of hands indicating whether they supported allowing the track to fail or proceeding with the purchase. Hiller said about 40 percent advocated letting the track fail, while about 60 percent supported the city’s plan.

 

[Chevy Nick]

Heartland Park under water $45,000 on city utilities bill

Heartland Park Topeka owes the city nearly $45,000 in delinquent utility bills.

The racetrack, which currently is in the process of being purchased by the city, last paid its water and street utility bills on Aug. 7, 2013, said Suzie Gilbert, the city’s communications and marketing director.

Topeka policy indicates water can be shut off after at least 48 days of delinquency.

The racetrack appears on a list of 40 properties requested by The Topeka Capital-Journal that are delinquent on utility bills by at least $500 and 41 days. Gilbert didn’t respond to a Capital-Journal question asking how many of the properties had their water shut off.

August 2013 is roughly the time city officials first started developing a solution for Heartland Park, according to previous statements from city officials.

However, Gilbert said, the city is among the vendors the racetrack has to pay back once the Sales Tax Revenue (STAR) bonds go through. According to a breakout of allocations, Jayhawk Racing will receive $2,392,117 of the estimated $5 million in bonds.

Records show the racetrack owed $44,645.11 as of Nov. 28.

Owner Raymond Irwin, reached by phone Monday, said he was driving and couldn’t talk. He said he didn’t know how much the racetrack owed each month in utility bills.

“I don’t handle those things,” Irwin said.

While city officials have been discussing solutions to Heartland Park at least since the summer of 2013, the city publicly disclosed the plan this past May. Officials said the discussions prior to this summer were proprietary because of potential litigation.

The city’s plan to rescue Heartland Park was set into motion five days after its release, when the Topeka City Council approved a memorandum of understanding and workout agreement with CoreFirst and Jayhawk Racing to pursue additional STAR bonds.

The city’s plan involves issuing another $5 million in STAR bonds to purchase Heartland Park free of debt. The city council on Tuesday voted 7-3 to approve the pricing of the new STAR bonds. A vote to issue the bonds is scheduled for Dec. 16.

 

[Chevy Nick]

City moves closer to finalizing Heartland Park purchase

Topeka’s city government moved closer to the finish line Tuesday evening regarding its proposed purchase of Heartland Park Topeka.

The city’s governing body voted 7-3 to authorize the city staff to proceed to take steps needed to market and sell reissued STAR bonds to help bring about the purchase.

Mayor Larry Wolgast and council members Karen Hiller, T.J. Brown, Sylvia Ortiz, Denise Everhart, Michelle De La Isla and Nathan Schmidt voted in favor of the move.

Council members Chad Manspeaker, Elaine Schwartz and Richard Harmon voted against it.

Doug Gerber, the city’s administrative and financial services director, told governing body members the city staff would seek bids and come back before them Dec. 16 with “pricing to formally adopt the bids.”

Hiller asked prior to Tuesday’s vote whether it would finalize the city’s decision to reissue the bonds.

Gerber replied that if the governing body had concerns about the bond issuance, Tuesday was the appropriate night to express them.

He said Tuesday’s vote wouldn’t close the reissuance process but suggested that if the governing body approved that move, it then would be in the city’s best interests to formally adopt the bids Dec. 16.

“When we sell bonds, we’re putting the reputation of the city behind that process,” Gerber said.

The city’s governing body voted Aug. 12 to authorize the purchase of Heartland Park and the expansion of its redevelopment district. The purchase and reissuance of the Sales Tax Revenue (STAR) Bonds are among steps required to carry out the city’s plan to buy Heartland Park and solve a problem regarding STAR bond debt. The city until Dec. 12 is accepting proposals from anyone hoping to buy the facility or lease it and manage it for the city.

A petition drive gained more than the required number of signatures to put the matter on the ballot for a citywide election, but the city government filed a lawsuit and Shawnee County District Judge Larry Hendricks last month ruled the petition invalid. Petition drive organizer Chris Imming said last week he plans to appeal.

Harmon asked Tuesday evening what would happen to the city’s sale of the STAR Bonds if Imming’s appeal succeeded. City attorney Chad Sublet said that was a legal matter the council would need to discuss in executive session. The council then voted 9-0 to meet behind closed doors in executive session for 20 minutes.

Afterward, Hiller told council members that she, Brown and Schwartz on Monday evening had a public meeting regarding the matter at Terry’s Bar & Grill, where she said about 60 percent of those who took part in a straw poll indicated they supported the purchase.

Brown said he was proud of the spirited and civil discussion that took place at that meeting.

Schwartz said she thought the public hadn’t had the opportunity to voice its opinion on the matter and she wouldn’t support the purchase.

Hiller also said she understood an agreement the city has with the NHRA — calling for that organization to hold its annual Kansas Nationals event at Heartland Park Topeka for three more years — would require a “sizeable” payment to be made to the NHRA if the event failed to bring in a certain, specific amount of revenue.

City manager Jim Colson replied that any such payment “absolutely” would be the responsibility of the facility’s operator, not the city.

Colson said the RFP the city put out late last month makes it clear that Heartland Park’s operator will be responsible for investing in it.

He added, “It is not our anticipation or expectation that we will be investing more money in Heartland Park.”

Governing body members heard public comment Tuesday evening regarding the matter from one person, Nick Scott, who asked them to approve the proposal.

 

[FABMAN]

Good job Nick

 

[Chevy Nick]

Topeka billed $72K so far for Heartland Park petition challenge

The city of Topeka paid an Overland Park law firm more than $72,000 for the first month of work on the Heartland Park Topeka petition court case.

Lathrop & Gage has billed the city $72,428.50 for 233.5 hours of work since Oct. 13, said communications and marketing director Suzie Gilbert. That equates to $310.19 an hour.

The amount will be paid from the legal department’s budget that comes from the special liability fund, she said. In 2014, that amount was budgeted at $996,491.

On Oct. 15, two days after the contract with the firm started, the city announced its intention to challenge the validity of the petition, based on Lathrop & Gage’s legal opinion the petition was invalid.

“We wanted a third party to review the petition and provide an initial evaluation,” said city attorney Chad Sublet when asked why the city retained outside counsel. “As the case proceeded, we wanted counsel with expertise in this unique area of the law. Lathrop & Gage has worked with petition cases in the past. They bring an objective opinion and specialized knowledge of the case. They are one of the only firms in the area with experience evaluating these issues and ultimately litigating them.”

A cover letter from attorney Catherine Logan dated Oct. 3 indicates her hourly rate would be $355 and the rate of attorney Mark Samsel would be $255 an hour. Logan and Ken Weltz from Lathrop & Gage represented the city during the nearly four-hour hearing on Nov. 6 in Shawnee County.

The city also could be charged for work from other staff members, including associates and paralegals, according to the letter.

The actual contract states the city will be charged for a variety of services: travel time; “time in court, including waiting time”; telephone and office conferences; responding to clients’ requests; and drafting and review of letters, pleadings and other documents. The contract also states the city will compensate the firm for costs and expenses, including mileage, meals and ground transportation.

Driving from the firm’s Overland Park office, 10851 Mastin Boulevard, to Topeka City Hall, 214 S.E. 8th St., is about 131 miles round-trip.

Fees and expenses, the contract states, will be billed monthly and are payable within the 30 days.

“Payment for the firm’s services,” the contract states, “is not contingent upon the outcome of any matter.”

The city engaged the law firm Lathrop & Gage to investigate the petition’s legality after petition organizer Chris Imming submitted 3,587 valid signatures to force to a public vote the city’s plan to purchase the racetrack.

The cover letter to the contract was dated Oct. 3 — one week before petition signatures were due.

Shawnee County District Judge Larry Hendricks on Nov. 6 heard oral arguments and on Nov. 12 ruled in favor of the arguments presented by Lathrop & Gage and Jayhawk Racing.

Hendricks found that the petition was substantially compliant with the law, but that the city ordinance to purchase Heartland Park and expand the Sales Tax Revenue (STAR) bond district — Topeka Ordinance No. 19915 — is largely administrative. Initiative petitions, the type of petition Imming filed, can’t be filed against administrative ordinances.

The decision is expected to be appealed.

“We will appeal on behalf of the 3,587 persons who put their trust in democracy,” attorney R.E. “Tuck” Duncan said a statement Nov. 26.

Imming has said he isn’t accepting donations to help defray his legal costs.

“I have been telling people offering to donate to the effort that we would save the fundraising for the campaign on the ballot question should there be an election,” Imming said Monday. “If the quest to get it on the ballot is unsuccessful, then it would be appropriate to limit the funding of the process to the person responsible for making the decisions that resulted in an unsuccessful effort.”

The city’s legal department has 14 full-time employees, and next year has a budget of nearly $2.69 million: $1.15 million from the general fund and $1.53 million from the special liability fund. Personal services take up the bulk of the legal department budget, at $1.2 million. The department budgeted $900,000 for contractual services.

 

[Chevy Nick]

Heartland Park RFP seeks owner or manager with 'proven track record'

A 10-year financial plan to operate Heartland Park Topeka is among things Topeka’s city government is asking for from those seeking to be chosen to buy — or lease and manage — the financially troubled racing facility.

A request for proposals the city put out last month also asked applicants to submit separate plans to manage, enhance and grow Heartland Park’s drag strip, road track, dirt track and undeveloped property, and a plan for entering into a revenue sharing agreement with the city.

Suzie Gilbert, the city’s communications and marketing director, said Tuesday five parties had registered so far to submit proposals. Dec. 12 is the deadline for applicants to respond to the RFP, which can be found on the city’s website at http://cjon.co/15NZexb.

“Interested parties are encouraged to include concepts for use that enhance and grow existing motorsports at the three separate and distinct tracks, include new concepts for use that may or may not be motorsports related but increase the total number of events and spectator attendance that will maximize the use and revenue potential for the entire facility,” the RFP said.

It requires applicants to submit:

■ A written plan that clearly demonstrates they have the ability to operate and maintain the entire facility.

■ A 10-year financial plan demonstrating applicants fully understand the economic assets and liabilities related to operating and maintaining all aspects of Heartland Park.

■ Documentation demonstrating applicants have the qualifications and experience to operate and maintain all aspects of the entire facility.

■ Preliminary concepts and ideas to develop and use the 277-plus undeveloped acres at Heartland Park.

■ A letter from the applicant’s insurance broker indicating insurance will be provided in the manner and at limits required by the city.

■ Three references, including two that can confirm the applicant’s technical ability and one who can confirm the applicant’s financial ability to carry out the operation.

■ Written confirmation the applicant will strictly adhere with city ordinance 19915, which the city’s governing body approved Aug. 12 authorizing the sale, and the city’s existing agreement with the NHRA to continue to hold its annual Kansas Nationals event at Heartland Park Topeka for three more years, provided the city government follows through with its plan to buy Heartland Park.

The RFP said proposals will be ranked on a 100-point scale through which they can earn up to:

■ 20 points for their plan to operate and maintain Heartland Park.

■ 20 points for their qualifications and experience with racing operations.

■ 20 points for their financial ability to operate, maintain and grow Heartland Park.

■ 20 points for their guaranteed compliance to maintain Heartland Park as a racing facility and adhere with all elements of city ordinance 19915.

■ 10 points for “development of the entire 700 acre facility.”

■ 5 points for ability to procure insurance that meets the city’s requirements.

■ 5 points for “conforming to the RFP terms, conditions and prerequisites set forth in the RFP documents.”

 

[Chevy Nick]

Colson: Finding qualified racetrack operator vital for Heartland Park purchase

Finding a qualified applicant to purchase or manage Heartland Park Topeka is vital to the success of the Topeka city government’s plan to purchase the racing facility, city manager Jim Colson said Monday evening.

Colson voiced confidence the city would find a qualified operator but said the city would “take the appropriate action” if that didn’t happen.

“If there’s nobody who makes their living running racetracks who’s interested in running Heartland Park, we would be silly if we tried to do it,” Colson said. “That would be a recipe for disaster.”

Colson spoke during a meeting at the Holliday Building, 620 S.E. Madison, to share information and answer questions about the city’s proposed purchase of the financially troubled racing facility.

Aside from city staff, about 20 people attended, said Suzie Gilbert, the city’s communications and marketing director.

The purchase and reissuance of Sales Tax Revenue (STAR) Bonds for the track are among steps required to carry out the city’s plan to buy Heartland Park and solve a problem regarding STAR bond debt.

“This is the best way out of it,” Colson told Monday’s audience.

The city until Friday is accepting proposals from anyone wishing to buy the facility or lease it and manage it for the city. Colson said council members will be briefed after those are received. The city administration will make any decisions regarding acceptance of a proposal, Gilbert said.

Meanwhile, the city’s governing body voted last week to authorize the city staff to proceed to take steps needed to market and sell reissued STAR bonds to help bring about the purchase. The city staff plans to seek bids and come back before the governing body Dec. 16 with pricing to formally adopt the bids.

Colson told Monday’s audience the city, after buying Heartland Park, would be willing to sell it, but he thinks the best solution would be a long-term management and lease agreement in which the manager “would have all financial and performance obligations for the property and we would set performance milestones to make sure the integrity of the district is maintained.”

After buying the track, the city would spend no money to improve it or pay anyone to manage it, Colson said, as the manager would lease the track and pay for improvements.

The city is looking for a manager who has the financial experience and technical capacity to operate the facility and has successfully run racetracks elsewhere, Colson said.

While five parties have registered to submit proposals, Colson said it wasn’t clear how many would follow through.

One audience member asked if Topekan Chris Imming would be able to cause any further problems for the city regarding the proposed purchase. Imming initiated a petition drive that gained more than the required number of signatures to put the matter on the ballot for a citywide election, but the city government filed a lawsuit and Shawnee County District Judge Larry Hendricks last month ruled the petition invalid. Imming is appealing.

Sublet told Monday’s audience that, under the state’s general bond law, the city can move forward with the issuance of the bonds unless a judge issues a stay prohibiting that, which hasn’t happened. Sublet said he felt comfortable with the city’s position moving forward.

Colson said details of the proposed purchase can be found on the city’s website at www.topeka.org/HPT.

 

[FABMAN]

Last week I had two contractors from Topeka working on my shop. These people told me that there biggest concern is that the track is closed 75% of the time and that's why the track is in trouble. They think with drag racing, sports cars, motorcycle and dirt that the track there should be operating most every weekend. They told me that there is a car show of some type going on every weekend. Sounds like a good owner promoter could make it at this track could make it. I was class winner twice at Super Chevy and they stopped having shows there. Hope they get this done.

 

[Chevy Nick]

Last week I had two contractors from Topeka working on my shop. These people told me that there biggest concern is that the track is closed 75% of the time and that's why the track is in trouble. They think with drag racing, sports cars, motorcycle and dirt that the track there should be operating most every weekend.

Jesse, I'm not sure the comments you heard are entirely accurate. There are many weekends where amateur car, motorcycle, and kart road racing is happening, but it is not getting promoted in the community. If you're counting weekdays (Mon-Thur), then yes, there is a lot of unused time. Most weekends are full between April and September on the road course at Heartland Park.

 

[Mike]

Jesse, thats a big place with a big overhead so just because they open to events we enjoy it doesnt mean its going to make money and could lose more than being closed.

 

[FABMAN]

Jesse, I'm not sure the comments you heard are entirely accurate. There are many weekends where amateur car, motorcycle, and kart road racing is happening, but it is not getting promoted in the community. If you're counting weekdays (Mon-Thur), then yes, there is a lot of unused time. Most weekends are full between April and September on the road course at Heartland Park.

I was responding to what people living in Topeka are seeing on weekends and that's important because it's there investment. I have heard same things from racers, average day of drag racing starts at five, sometimes there is something going on before they start and they would like to see more, like other post this is a big facility.

 

[Chevy Nick]

Imming seeks stay to keep city from proceeding with Heartland Park purchase

The attorney representing petition drive organizer Chris Imming filed a motion Tuesday asking the Kansas Court of Appeals to issue a stay prohibiting Topeka’s city government from moving forward with its proposed purchase of Heartland Park Topeka while Imming’s appeal of a recent court decision in the city’s favor remains in progress.

“The stay is necessary to insure that the appeal is neither rendered moot, nor that the district court decision is perceived as having been acquiesced with, and to afford a review of the merits of these important public policy issues,” the 11-page document filed by R.E. “Tuck” Duncan said.

It refers to a petition drive initiated after the city’s governing body voted Aug. 12 to authorize the purchase of Heartland Park and the expansion of 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. City manager Jim Colson said the city has no plans to run the racetrack and only wants to find a new owner or manager for it.

Imming responded to the Aug. 12 vote by initiating a petition drive that gained more than the required number of signatures needed to put the matter on the ballot for a citywide election, but the city filed a lawsuit challenging the petition’s legality, and Shawnee County District Judge Larry Hendricks last month ruled it invalid.

Hendricks’ ruling characterized Imming’s petition as an initiative petition seeking to overturn an administrative ordinance — something not allowed by Kansas law.

Duncan subsequently filed an appeal on behalf of Imming.

Meanwhile, the city’s governing body voted last week to authorize the city staff to proceed with steps needed to market and sell reissued STAR bonds to help bring about the purchase. The city staff plans to seek bids and come back before the governing body Dec. 16 with pricing to formally adopt the bids.

The city also is in the midst of accepting proposals from anyone seeking to buy or manage the track, with the submission deadline being Friday.

City attorney Chad Sublet said Monday at a public meeting regarding the matter that under the state’s general bond law, the city could move forward with the issuance of the bonds unless a judge issued a stay prohibiting that, which hadn’t happened.

The motion Duncan filed Tuesday seeking to bring about that stay asks the court to “make any order appropriate to preserve the status quo and the effectiveness of the judgment subsequent to be entered.”

 

[Chevy Nick]

City must respond by Monday to request for stay of Heartland Park case

The city of Topeka and Jayhawk Racing Properties LLC have until 5 p.m. Monday to submit responses to the latest filing in a lawsuit appeal regarding Heartland Park Topeka, according to an order issued Wednesday by Kansas Court of Appeals Chief Judge Thomas E. Malone.

The order sets that deadline for the city and Jayhawk Racing to respond to petition drive organizer Chris Imming’s motion seeking a stay prohibiting Topeka’s city government from moving forward with its proposed purchase of Heartland Park Topeka while Imming’s appeal of a recent court decision in the city’s favor remains in progress.

“No extensions of time to file a response will be granted,” Malone wrote.

The appeal is linked to a petition drive initiated after the city’s governing body voted Aug. 12 to authorize the purchase of Heartland Park and the expansion of 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.

Imming responded to the Aug. 12 vote by initiating a petition drive that gained more than the required number of signatures needed to put the matter on the ballot for a citywide election, but the city filed a lawsuit challenging the petition’s legality, and Shawnee County District Judge Larry Hendricks last month ruled it invalid.

Attorney R.E. “Tuck” Duncan Jr. subsequently filed an appeal on behalf of Imming.

Meanwhile, the city’s governing body voted last week to authorize the city staff to proceed with steps needed to market and sell reissued STAR bonds to help bring about the purchase. The staff plans to seek bids and come back before the governing body Dec. 16 with pricing to formally adopt the bids. The city also is in the midst of accepting proposals from anyone seeking to buy or manage the track, with the submission deadline being Friday.

Duncan filed a motion Tuesday seeking a stay to prevent the city government from moving forward.

 

[Chevy Nick]

This is bad for the future of Heartland Park.

Topeka delaying bond sale in HPT buy as court considers stay

Topeka’s city government announced Thursday it will postpone the sale of sales tax revenue bonds to acquire Heartland Park Topeka and expand its STAR bond district while the Kansas Court of Appeals considers granting a stay in a lawsuit regarding the city’s plan to buy that racing facility.

The city’s governing body voted last week to authorize the city staff to proceed with steps needed to market and sell reissued STAR bonds to help bring about the proposed purchase.

The staff had planned to seek bids and come back before the governing body Tuesday with pricing to formally adopt the bids.

But an attorney representing Chris Imming — who led a petition drive seeking to force a public vote on the matter, with a Shawnee County district judge ruling last month the petition was invalid — sought a stay Tuesday that would prohibit Topeka’s city government from moving forward with the purchase while Imming’s appeal of that ruling remains in progress.

Kansas Court of Appeals Chief Judge Thomas E. Malone on Wednesday gave the city until 5 p.m. Monday to respond to the motion.

City communications and marketing director Suzie Gilbert said in a news release Thursday that the city will respond to Imming’s decision by Monday and expects a swift decision.

“Delaying the sale until the appellate court has considered the petitioners’ motion for a stay will reduce uncertainty for potential bond investors, allowing the City to capture the best bond rates possible,” Gilbert said.

She added, “Should the appellate court’s decision be favorable for the City, the bonds will be taken back before the governing body for final approval.”

The city’s governing body plans to take up the topic for discussion at Tuesday’s city council meeting, Gilbert said.

 

[FABMAN]

Nick, you know more than anyone is Chris Immings goal to eliminate the operation and close the track permanently?

 

[Chevy Nick]

Chris Imming claims he doesn't want to close the track, he just wants to see "democracy preserved". However, he is single-handedly killing Heartland Park's future; who knows his real goal.

 

[Chevy Nick]

Topeka council to discuss Heartland Park on Tuesday

The Shawnee County Commission on Monday will consider approving a new management contract for its three golf courses, and the Topeka City Council on Tuesday will discuss, but take no action on, the Heartland Park Topeka Sales Tax Revenue (STAR) bonds.

The commission will meet at 9 a.m. in its chambers in Room B-11 of the county courthouse, 200 S.E. 7th.

Commissioners Bob Archer, Shelly Buhler and Kevin Cook will consider a request from the parks and recreation department to enter into a five-year contract with Lake Shawnee Golf Management to manage the Lake Shawnee, Cypress Ridge and Forbes golf courses. The commissioners on Nov. 20 directed the department to negotiate a contract with the firm after the county received nine responses to its request for proposals.

“Thanks to this process, their bid actually ended up saving the county $9,000 compared to the previously held agreement,” according to the memorandum from parks and recreation director John Knight.

Shawnee County will pay the management firm $324,000 a year — $23,000 per month to run the Cypress Ridge and Lake Shawnee courses and $4,000 each month to run the course at Forbes.

The agreement calls for Lake Shawnee Golf Management to operate the three courses as an independent contractor, running the pro shops, concession facilities, meeting rooms and golf play. The firm can collect additional revenue through green and trail fees, permits and golf cars.

The commission on Monday also will consider approving:

■ Awarding a $25,000 bid to Kansas Fencing Inc., for the purchase and installation of fencing for the Juvenile Detention Center gardening program.

■ The purchase of a hardware upgrade for the information technology department for $77,923.76.

The Topeka City Council will meet at 6 p.m. Tuesday in its chambers in City Hall, 214 S.E. 8th. Its agenda includes a discussion on the “sale of bonds for permanent financing to acquire Heartland Park and the expansion of the STAR Bond District.”

The city on Thursday announced it would postpone issuing the Heartland Park STAR bonds while the Kansas Court of Appeals considers granting a stay in a lawsuit regarding the city’s plan to buy that racing facility.

The bond sale initially was scheduled for Tuesday, but an attorney representing Chris Imming — who led a petition drive seeking to force a public vote on the matter, with a Shawnee County district judge ruling last month the petition was invalid — sought a stay that would prohibit Topeka’s city government from moving forward with the purchase while Imming’s appeal of that ruling remains in progress.

“Delaying the sale until the appellate court has considered the petitioners’ motion for a stay will reduce uncertainty for potential bond investors, allowing the city to capture the best bond rates possible,” city communications and marketing director Suzie Gilbert said in a news release.

Kansas Court of Appeals Chief Judge Thomas E. Malone on Wednesday gave the city until 5 p.m. Monday to respond to the motion.

The city council on Tuesday is scheduled:

■ To award $150,000 in neighborhood empowerment grants to six project locations, including Central Park, Chesney Park, Hi-Crest, Tennessee Town, Valley Park and Ward Meade.

■ During presentations, to present the Tony Scroggins Award for Outstanding Organization.

■ To make six board appointments, during its consent agenda.

 

[Chevy Nick]

Topeka receives four responsive bids to run Heartland Park

The city of Topeka received four proposals that met qualifications to operate Heartland Park Topeka.

The four bidders were MK Investments, Larry Sinks, Monopoly Acquisitions LLC and International Motorsports Entertainment and Development Corp., said city communications and marketing director Suzie Gilbert.

The goal is to have a decision by Jan. 6, she said.

Larry Sinks is the name of the owner of JoeCollege.com, which in 2008 was ordered to pay Kansas Athletics Inc. $667,507 in attorney fees and expenses from a court case over his KU-themed T-shirts. He also owns several properties in downtown Lawrence.

Monopoly Acquisitions LLC is based out of Raytown, Mo., and owns several commercial properties throughout the Kansas City area.

International Motorsports Entertainment and Development Corp. is based out of Coon Rapids, Minn. An article appearing in the Minneapolis/St. Paul Business Journal in 2009 states: “IMEDC President Jim Farnum used to own a Funny Car drag-racing team and a racing-merchandise retailer called Pro Motorsports that grew to 13 locations in the Midwest before filing for Chapter 7 bankruptcy in fall 2007.”

Information on MK Investments wasn’t immediately available.

The city of Topeka on Monday wasn’t able to confirm the information about the bidders.

Gilbert declined to release specifics of the proposals Monday, but said an overview will be presented to the Topeka City Council during its meeting Tuesday.

However, she said, the city only is considering proposals for owners and lease holders.

“It’s important to note the city will not consider anyone proposing to manage the track for a fee from the city,” Gilbert said.

Gilbert on Dec. 2 said five parties had registered to submit proposals.

The city accepted responses to its request of proposals for owners and managers of the racetrack from Nov. 24 to 2 p.m. Friday.

The RFP had several requirements from applicants, including:

■ A 10-year financial plan demonstrating applicants fully understand the economic assets and liabilities related to operating and maintaining all aspects of Heartland Park

■ Documentation demonstrating applicants have the qualifications and experience to operate and maintain all aspects of the entire facility

■ Preliminary concepts and ideas to develop and use the 277-plus undeveloped acres at Heartland Park

■ Written confirmation the applicant will strictly adhere with city ordinance 19915, which the city’s governing body approved Aug. 12 authorizing the sale, and the city’s existing agreement with the National Hot Rod Association to continue to hold its annual Kansas Nationals event at Heartland Park Topeka for three more years, provided the city government follows through with its plan to buy Heartland Park.

The RFP said proposals will be ranked on a 100-point scale, through which they can earn points relating to their plan, qualifications, financial ability and other factors.

“The city is moving forward with evaluation and negotiations with the bidders,” Gilbert said.

Finding an owner or management firm is part of the city’s plan to save the troubled racetrack and the $10 million it owes on existing Sales Tax Revenue bonds. The plan involves issuing another estimated $5 million in STAR bonds so the city can expand the STAR bond district around the track to capture additional state sales tax dollars to pay off the debt. The total debt would come to $16.4 million, which is expected to be paid entirely by existing sales tax dollars, according to projections of existing businesses in the expanded district.

The agreement calls for Jayhawk Racing, owned by Ray Irwin, to receive $2.39 million of the additional STAR bond revenues. Irwin is to use that money to pay CoreFirst Bank $300,000, the city of Topeka $184,234 and an unknown amount to unspecified vendors.

The city is one of the vendors owed, with nearly $45,000 in delinquent water bills, as of Nov. 28.

CoreFirst would receive an additional $1,944,335 of STAR bond money, while the Small Business Association would receive $531,868.99 and the Department of Commerce would receive $500,000.