Will a Failed Northland Development Be Mike Burke’s Waterloo?
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Everybody’s talking about how the $550,000 settlement in the Mammygate case is going to hurt Mayor Funkhouser’s bid for reelection. No doubt that’s true.

But what about the mayoral candidate whose actions have cost over a million – per year?

Mayoral contender Mike Burke is vice president of a law firm that represented the developer on a project that received more than $26 million in city funds that were backed by bonds. Those bonds were supposed to be repaid with “new” tax revenue generated by the project, as part of Tax-Increment Financing, or TIF. But the project was a complete bust. It brings in zilch. And now the city has to repay those bonds for 20 years at a little more than a million per.

What’s more, Burke’s firm, King Hershey, was eligible to receive $873,722 of that public money for helping put the deal together, according to documents that are readily available online.

“This is going to be his Waterloo,” one political insider told me recently. “Even people who support him for mayor are worried about how this will affect him.”

I asked Burke about all this last week. Before I go into his responses, I have to confess up front that I genuinely like him. Back when I was a reporter at The Pitch, he was one of the few establishment types who would talk to me with any kind of candor. He was the same when we reconnected this time around. Regarding this particular project, officially known as Prospect North, he said, “In a nutshell, the developer died.”

And while that’s true – the original developer did indeed die shortly after the public funding of the plan was approved, at the beginning of last decade – it doesn’t tell the whole story.

When the deal was first approved, it was for much less public money and no city-backed bonds. The sheer magnitude of the public funding ($26 million) and the bond backing came after the developer died.

And, just to add a little twist – it wasn’t Burke’s client that pushed to put the city in the position it’s in now, with a big bill for an economic development project that brought no economic development. It was the City Council, according to the City Hallers I’ve talked with.

What happened was that a group of Council members from three different districts banded together to float tens of millions in bonds for capital improvement projects in their districts – one for Prospect North, which is near Maplewoods Community College up north; the Zona Rosa shopping center; and a development area down around 75th and Prospect.

But still, all’s fair in politics, right?

A 30-second negative campaign commercial would likely ignore the nuances and go right for the sensational: Mike Burke; $26 million flop; $1 million a year; $873,722 legal bill.

Kinda makes those cries of Waterloo seem prescient.

For his part, Burke dismisses them: “It’s kind of hard to answer anonymous comments. Maybe those same people are pushing other candidates.”

He adds: “A lot of people want to paint me as ‘Mr. Development Lawyer’ and ‘Mr. TIF.’ This was the only TIF project I worked on.”

That might be true. Burke’s expertise is more in providing counsel for government agencies; in fact, he’s the attorney for the Port Authority.

But other attorneys in his firm have worked for developers seeking TIFs, and apparently continue to do so.

I recently made a Sunshine Law request for all emails between Burke and city officials, and I found several from November of this year in which an attorney from Burke’s firm wrote – in messages in which Burke himself was CC’d – that they were representing the developers of a project called Lucas Place, and “we are looking at proceeding with tax abatement through the city.”

“You represent your client to the best of your ability,” Burke told me. “That’s your role as a lawyer. As mayor, my intent will be to represent the city to the best of my ability.” So, he says he intends to resign from his position at King Hershey if he wins the election.

Again, I have to throw in some personal experience here. About five years ago, the development crowd was pushing real hard to spend some general bond money on downtown development projects instead of putting it into the citywide capital improvements fund. Burke was chair of the committee that divvies out those funds, and I watched him testify in opposition to the downtowners.

Similarly, he tells me he testified against using capital improvement funds for the Zona Rosa development. “I was beaten down in Planning and Zoning,” Burke says.

Ironically, the money to pay for the bonds used in the Prospect North project (Burke’s supposed Waterloo) are taken directly out of that citywide fund – an arrangement that was made when he was chair of that fund’s committee. But since it happened at the City Council level, and with at least the tacit backing of then-Mayor Kay Barnes, Burke had no real say in the matter.

Still, in fairness, I have to assume that if the city made good on the budgeted $873,722 in legal fees, the good folks at King Hershey happily deposited those checks.

For his part, Burke is confident that the next election for mayor – which he describes as “the most important in our lifetime” – will not be about line items on a deal that went bust. He insists the debate will be about the candidate who has the best vision for the city.

“We’ve taken some hits in terms of how people feel about city government,” he told me. “There’s great dissatisfaction with City Hall right now. But I think those things can be turned around.”

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Comments 4 comments for this article
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Added: January 11, 2010. 09:27 PM CST
kansas city recycling
Joe: why cant kansas city seem to attract new candidates with a new vision and new approach to city government vs. offering voters the same old recycled politicians?
Anonymous
Added: January 11, 2010. 01:58 PM CST
Conflict of interest? agreed
Interesting article. I knew Burke had his hands in some of the big development money but was unaware that the one project he worked on was such a bomb. Makes me fearful of what will happen when he gets his hands on lots of projects, or possibly this city. Especially when his buddies come asking for free money.

I am hopeful that each candidate will have a similar article, as you have now done one on the Funk and Burke.
in_the_loop
Added: January 10, 2010. 11:51 PM CST
The ONLY TIF Project... hardly.
I highly doubt it... just because Mike Burke doesn't personally handle a specific TIF project, doesn't mean his firm doesn't... Roxsen Koch handles several TIF projects and she reports directly to Burke. And Burke gets his share of the spoils from these deals. There's a reason for the title of "Mr. Development Lawyer"and it's because it's true. Sometimes the truth hurts... a lot.
Anonymous
Added: January 10, 2010. 11:31 PM CST
Can't have it both ways...
Saying that Prospect North's backing with PIAC dollars was done without Mike Burke's say is disingenuous at best and inaccurate at least. Burke was chairman of PIAC, appointed by Kay Barnes, and was one of her closest advisors. To think that he wasn't involved in the negotiations and planning is ridiculous. He and Barnes were willing to gamble with capital improvement dollars to further his client's agenda. They gambled, and the taxpayers lost. But Burke got paid, so all is well.







For Burke to say "it's kind of hard to answer anonymous comments" is ludicrous and cowardly. Anonymous doesn't make them untrue. Face the music and come clean...it's going to get a lot tougher the further into the race things go, and if these namby-pamby answers are what we are going to get, then he'd best drop out now.







Prospect North IS his Waterloo, and if he wins the mayoral election, we'll all be worse off for it. But all will be ok because Burke got his nearly one million bucks in fees.







The fact that Burke is in the loop on another developer deal that is seeking tax abatement while he is running for mayor is indicative of the type of character that we are dealing with. It's ok to bleed the city until the moment you are sworn in. Then you switch jerseys and play for the other team. Sounds good in theory, but doesn't play in real life, because the game is rigged and the citizens lose... every time. Calling Prospect North Burke's Waterloo is accurate. And speaking of water... when is Burke going to resign as counsel to the KCMO Port Authority? He is raking in hundreds of thousands of dollars from the city while running for mayor. If it isn't a legal conflict of interest, it is at least a moral one and gives the appearance of someone who will do anything to make a buck off of this town.
Sick and Tired
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