Fight over demolishing Century II goes to court as city files to overturn petition
The city of Wichita has gone to court to try to get a citizens’ petition declared invalid and preserve the city’s right to demolish the publicly owned Century II Convention and Performing Arts Center and the nearby former central library building.
The citizen’s petition, if ruled valid, would require the City Council to hold a public vote on destroying either of the two buildings or other city-owned structures deemed to have historical or architectural significance.
The city’s filing questions whether voters are qualified to make such decisions.
“Decisions regarding the maintenance, construction, improvements and demolition of public buildings require specialized training and experience in municipal government and intimate knowledge of the fiscal and other affairs of a city in order to make rational choices regarding the maintenance of such buildings,” the city’s court filing says.
A group called “Save Century II” has gathered more than 17,000 signatures — well in excess of the 12,554 they were told would be needed to force the measure onto a ballot.
Their efforts are opposed by the Riverfront Legacy Master Plan committee.
That group, funded with city, Sedgwick County and private dollars, seeks to tear down Century II and the library and replace them with a new performing arts center, a new convention center and private retail and residential development. The cost estimate is $1 billion to $1.3 billion.
Celeste Racette, leader of the Save Century II forces, said they had expected the city to challenge the petition and believe they’re on solid legal ground.
“We’re ready to face them head-on in court and we’re going to stand up for the 17,000 people who signed our petition,” she said. “We want a vote and we want a voice.”
Racette’s group also opposes a plan contained in the upcoming city budget next month to privatize Century II operations, which they see as a step toward destroying it in favor of a more profitable venue.
“It is an important building, it is historic and unique,” Racette said. “Anybody who wants to destroy it through privatization or otherwise needs to be voted out of City Hall.”
In a statement, the city promised to hold a non-binding advisory vote if the petition is struck down.
“We recognize that there are other civic groups, including Save Century II and the Riverfront Legacy coalition (which engaged many thousands of residents in conversations about their project plans), who have emerging proposals regarding the future of Century II and neighboring buildings,” the statement said. “We believe it is critical to hear from as many interested residents as possible before moving forward with any definitive plans.”
At the direction of the City Council, a deputy city attorney filed for a court order Wednesday to declare the Save Century II petition invalid, the city statement said.
No public vote was taken on the action, which was decided in closed session.
City Council member Brandon Johnson, who represents the city government on the Riverfront Legacy committee, said he was appreciative to see the number of residents who have engaged in the debate over Century II and the library building.
“It is unfortunate that the petition was worded in a way that invalidates its legality, but I want the 17,000+ citizens who signed to know that their voice was heard, along with the 14,000+ citizens who engaged with Project Wichita and the Riverfront Legacy Masterplan,” he said in the statement.
Mayor Brandon Whipple took umbrage with the city’s news release about the petition, which claims the City Council directed the city’s attorney to file the challenge.
“We didn’t guide legal to do this,” he said. “This was presented as a necessary step to determine the legal status of the petition and see what our options are.
“As far as the attitude of the City Council goes, we’re not all on the same page on where we stand on the issue, so there was no guidance.”
Whipple said he doesn’t expect anything to happen with Century II immediately, because of changes in the economy brought on by the COVID-19 pandemic.
He said he plans to call for a study to project the needs and business prospects for convention facilities going forward and doesn’t want to rush to try to privatize the facility.
He also said he is committed to letting people vote on the future of Century II, but would rather wait until a firm alternative plan emerges so the citizens can make a clear choice.
Whipple said he wants “to make sure that the future of Century II does get voted on, and I think there are some people (on the council) who don’t,” he said.
Johnson said he too favors putting the question to voters.
Such a vote would have to be advisory and the council could decide to do something other than what the majority votes to do.
Whipple said he’s been told by the legal department that state law doesn’t allow cities to initiate binding referendums — only citizen petitions can.
The city’s filing claims that the ordinance sought in the petition is overly broad and vague as to what constitutes a historic or architecturally significant building.
In addition, the city is claiming that the proposed ordinance is administrative, which isn’t allowed by state law.
“An administrative ordinance is one that seeks to allow citizens to make governmental decisions which require specialized training, experience in municipal government and knowledge of the fiscal affairs of the City,” the city said in its statement.
The city is also claiming that certain required language is not contained in the petition, including the phrase “Shall the following be adopted?” and a request to the council to either pass the ordinance or put it to a public vote.
If the city wins, it would not be the first time government has headed off an initiative in court.
In 2015, voters approved an initiative to decriminalize simple possession of marijuana.
The state took that case to the Kansas Supreme Court and won on a technicality, that the petition backers failed to attach a copy of their proposed ordinance to the paperwork when they filed it with the city clerk.
The form of the Century II petition question has been approved by the Sedgwick County Counselor’s Office, as required by law.
But the city argues that the county counselor’s sign-off is a “rebuttable presumption” and not the final authority over whether the petition is actually valid.
The official counting of petition signatures is underway at the Sedgwick County election office.
Workers are in the preliminary steps of determining that the pages have been properly submitted by signature gatherers and notary certifications are in order, said Melissa Schnievers, a spokeswoman for the office.
The count is expected to be delayed by its proximity to the Aug. 4 primary election, she said.
Contributing: Chance Swaim of The Eagle
This story was originally published July 29, 2020 at 4:28 PM.
CORRECTION: An earlier version of this story contained incorrect information on the 2015 legal action that overturned a citizens’ initiative to decriminalize marijuana. The state government sued to overturn that ordinance.
