The Unified Government Board of Commissioners voted 9-0 Thursday, Oct. 8 to exempt the UG from parts of the state law that created the Kansas Sports Facilities Authority. Commissioners also left the UG’s tax pledge for the Kansas City Chiefs stadium unchanged, dropping a scheduled vote to remove most of its conditions.

The process appeared to have been choreographed at the previous night’s closed session with the Board of Public Utilities. Commissioners met jointly with the BPU board on Wednesday, Oct. 7, in a special meeting whose only listed business was a closed session for consultation with attorneys.

Thursday’s meeting lasted only about 10 minutes. The exemption measure did not appear on the published agenda, but outside counsel had it drafted and copies ready. No commissioner asked a question, and Watson read a prepared statement after the vote.

UG objects to four parts of state law

The measure is a joint charter ordinance and charter resolution. It exempts the UG from part of House Bill 2466, which the Legislature passed in April. That law created the authority to build, finance, and manage sports facilities.

“The UG’s got some issues with certain provisions that are in that sports authority legislation,” said Todd LaSala, an attorney with the Stinson law firm who serves as outside counsel to the UG.

He named four. The first is the conditions the law places on keeping the mayor on the authority’s board. The second is the loss of local planning authority. Watson later described that issue as whether the UG can enforce its zoning laws.

The other two bear directly on BPU, the UG’s partner in the closed session the night before. The law changes the rules to let other providers into BPU’s service territory. It also exempts the stadium from the BPU PILOT.

LaSala said Kansas home rule law lets a local government charter out of state law provisions that do not apply uniformly across the state. He said the provisions at issue fit that description. “We think that the local community is best served by chartering out of those provisions that are not uniformly applicable,” he said.

The text of the measure was not in the agenda packet, but Commissioner Andrew Davis (District 8) moved to suspend the rules and add it to the agenda, then moved to approve it. Commissioner Carlos Pacheco (District 5) seconded both motions.

UG keeps conditions on stadium tax pledge

The UG remains in the stadium’s STAR bond project, and its February tax pledge still carries all six of its original conditions.

The February ordinance commits local tax revenue from the stadium district toward repayment of the bonds for up to 30 years. The pledge covers the UG’s 1 percent city general sales and use tax, its share of the 1 percent county sales tax, and hotel guest taxes. The state’s agreement with the Chiefs calls for a domed stadium and at least $325 million in ancillary development.

The pledge is not final. It ends automatically if any condition goes unmet, unless the commission waives the condition or renews the pledge.

Four of the six protect the UG’s say in the project. Neither the STAR bond district boundaries in KCK nor the base revenue figure, set at $0, can change without UG approval. The UG must approve the final project documents that affect it. A UG representative, appointed by the mayor, must sit on the project’s five-member community impact committee.

The other two are simpler. The project must locate within the designated area, and the state must issue bonds by Dec. 31, 2030.

Perhaps as a signal to state negotiators of the stakes, Thursday’s agenda originally included an amendment that would have struck the four protective conditions. The clerk removed it at the start of the meeting.

Watson calls vote a first step

In her statement after the vote, Watson said the UG still supports the stadium project and wants a fair deal with the state.

“We have negotiated in good faith with state leaders but have not been able to resolve all our differences,” Watson said.

She said residents across the county have told commissioners that the state plan and the bill’s language treat Wyandotte County unfairly. The UG needs an ongoing role in the stadium’s operations and revenue distribution, she said.

“We are committed to supporting the state and the team, but there must be give and take,” Watson said.

She said more announcements will follow in the coming days and weeks.

“For the sake of transparency, this vote is just a first step in creating a more balanced process,” Watson said.

Bynum to review mayor’s background check

Commissioners also voted 9-0 to designate Commissioner Melissa Bynum (At-Large District 1) to review Watson’s criminal history record check. State law requires the check for members of the authority’s board, and because Watson appointed herself, the commission had to choose one of its members to review the results.

Other items removed

The clerk removed three other items from the agenda. Randy Callstrom, president of Wyandot Behavioral Health Network, had been scheduled to speak on the county’s homeless population and a proposed countywide sales tax. Interim County Administrator Alan Howze had planned a storm recovery update. The agenda also listed a closed session with attorneys.

Commissioner Christian Ramirez (District 3) was absent. Watson said at roll call that he was trying to reach the meeting.