Commission may call special election on petition

The City Commission appears poised to call a special election that would allow voters to decide whether to halt or continue with the extension of Maple Street from Parkway Avenue to K-61.

The members wrangled for more than an hour Tuesday over the legalities of the question, its wording and the rapidly closing window for placing the question on the April 6 general election ballot. By the end of the meeting, they had concluded there was probably too little time to answer all of their questions. A special election, probably within the next 90 days, appears likely.

The debate began Monday night when the Commission rejected the wording of a compromise ballot question drafted by Wichita attorney Kyle Steadman and City Attorney Ken Van Blaricum. Steadman successfully represented former commissioner Karen Detwiler in Pratt County District Court Friday when Judge Robert Schmisseur upheld the validity of Detwiler's petition calling for the Maple Street vote.

The Commission reconvened at noon Tuesday, hoping Van Blaricum and Steadman had worked out a "yes means yes" version of the question that was simpler than the compromise question and the original question posed on the petition. (See sidebars)

If allowed to stand, the Commission feared voters who oppose the Maple Street extension would have to remember to vote "yes" and those in favor "no."

Steadman and Van Blaricum were unable to find common ground on a "yes means yes" ballot question, Van Blaricum told the Commission, despite several attempts Tuesday morning.

"Mr. Steadman feels strongly that the City Commission approved (the Maple Street extension), and that Mrs. Detwiler wants something repealed," Van Blaricum said. "He won't agree any other way."

Both attorneys did agree the only other option for the Commission, if they are determined to have a simpler ballot question, would be for the Commission to voluntarily rescind its decision to launch the street extension project and then themselves place the question on the ballot. Rescinding the decision would make the judge's ruling moot, and placing the question on the ballot would satisfy Detwiler's demand for a public referendum.

Evan that option has its legal dangers. Several of the commissioners, City Manager Dave Howard, and Van Blaricum worried that voluntarily rescinding the decision could cost the city as much as a quarter of a million dollars in contractors' fees. If the city is forced to halt work by a public vote, its legal position with contractors is stronger.

"Really and truly what the law requires us to do is put the petition on the ballot," Van Blaricum said.

Commissioner Eric Nystrom argued for more time to consider the judge's ruling, the language of the ballot question, and legal questions arising from contracts that have already been signed. He also lobbied for more time to educate the public about the need for the Maple Street extension, which would provide easier access to K-61 for the northeast section of Pratt and eventually lead to the development of new homes on city-owned land along the extension.

"We're rushing into this now, and we just don't know where it's going to lead," Nystrom said.

Commissioner Bill Hlavachick urged the others to place the question on the ballot exactly as written in the petition.

"We've talked about this," he said. "(Let's) get it off the table. Let the people decide."

A vote on April 6 has its advantages, Van Blaricum said. Delaying the vote until all of the legal questions have been answered also has merits, he added. The price of the special election is a small issue in comparison.

"I think the $1,500 for a special election is the least of your worries," he said.