City of Kansas City, Missouri Business Session – Aug. 20, 2015

City of Kansas City, Missouri Business Session – Aug. 20, 2015


FOR THE CITY COUNCIL FOR AUGUST 20, 2015 IS NOW IN SESSION. WE DO HAVE A QUORUM. FIRST ITEM OF BUSINESS IS THE APPROVAL OF THE MINUTES FROM THE LAST MEETING, AUGUST 13.>>IT HAS BEEN MOVED AND SECONDED. ANY DELETIONS, ADDITIONS, CORRECTIONS? HEARING THEN, ALL IN FAVOR OF APPROVING MINUTES? THE MINUTES ARE APPROVED. NEXT ITEM IS A VISIT FROM HER FRIEND, THE PRESIDENT AND CEO OF VISIT KC AND HE HAS COME TO US AND I THINK HE HAS BEEN ON BOARD OVER A YEAR. CAME TO US FROM WASHINGTON DC. I HAD THE PLEASURE OF BEING IN DC WITH MR. BURKE WHEN WE WERE SCOUTING FOR WORK. FOR CONVENTIONS. SO THAT WE COULD CONTINUE TO WORK. AND MET HIS BOSS WHO WAS HIS FORMER BOSS WHO WAS EXTREMELY COMPLEMENTARY HOWEVER, I HAVE RECEIVED A RECENT EMAIL… I’M ONLY KIDDING. HE WAS VERY COMPLEMENTARY. YOU HAVE DONE SOME GREAT THINGS WITH VISIT KC AND PLEASE PROCEED WITH YOUR PRESENTATION.>>GLAD TO BE BACK IN FRONT OF THE COUNCIL. HAPPY TO PRESENT TO THE NEW COUNSEL WHO I HAD AN OPPORTUNITY TO SPEND TIME WITH. THIS IS AN UPDATE ON MARKETING ACTIVITIES THAT VISIT KC IS ENGAGING IN EVERY DAY. THE COUNCILMEMBERS THAT WERE HERE PREVIOUSLY, A LOT OF THIS IS NEW INFORMATION. WE WILL START BY GIVING A QUICK OVERVIEW OF WHO WE ARE. A 501(C) SIX. WE HAVE A BOARD OF DIRECTORS OF 30. THE MAYOR HAS THE PRIVILEGE OF APPOINTING 15 BOARD MEMBERS. WE ARE SUPPORTED BY TEAM OF 43. WE HAVE OVER 2000 MEMBERS THAT SUPPORT THE MISSION OF VISIT KC. WE SERVE AT THE OUTSIDE SALES FORCE FOR THE CONVENTION CENTER. MEANING WE SELL DATES FROM 18 MONTHS AND OUT. WE ARE CURRENTLY ENGAGED WITH CUSTOMERS FOR DATES AND TWO 2024. I KNOW THERE IS SOMETHING IMPORTANT TO US AS SALES COMING UP ON THE COUNCILS AGENDA WHICH IS THE APPROVAL OF THE DOLLARS TO REPAIR THE ROOF WHICH IS IN NEED OF REPAIRS. HOPEFULLY THE COUNCIL WILL SUPPORT THAT. SO THAT WE CAN KEEP THAT FACILITY FRESH AND ACTIVE. WHICH IS THE NUCLEUS OF THE DOWNTOWN ECONOMIC DEVELOPMENT. WE WORK ON A CONTRACT WITH THE CITY. WE HAD THE PRIVILEGE TO WORK THROUGH SECURING A FIVE-YEAR AGREEMENT WHICH BASICALLY PUTS IN PLACE THE FUNDING AND THE DELIVERABLES WE ARE RESPONSIBLE FOR. WHAT WE DO, WE SERVE AS THE SALES AND MARKETING FOR KANSAS CITY, NOT JUST FOR CONVENTIONS BUT ALSO VISITORS. WE WELCOME AND CONNECT TRAVELERS, PROMOTE LOCAL BUSINESS AND SUPPORT LOCAL EVENTS. THIS IS A RECENT PICTURE OF THE TEAM. WE ARE DIVIDED INTO FOUR DEPARTMENTS, FINANCE ADMINISTRATION, MARKETING COMMUNICATIONS, SALES AND SERVICES AND [INDISCERNIBLE]. ONE OF OUR PRIMARY FUNCTIONS IS TO SECURE CONVENTIONS. WE WORK WITH GROUPS TO PROMOTE KANSAS CITY AND MAKE SURE WE ARE ON THE RADAR. AND TO GET THEM TO SELECT KANSAS CITY FOR FUTURE VISITS. IN FEBRUARY OF THE PAST YEAR, WE WERE IN WASHINGTON WITH 14 STAKEHOLDERS, WE WERE VERY SUCCESSFUL IN GETTING IN FRONT OF CUSTOMERS AND INTERACTING WITH 50 CUSTOMERS IN ONE DAY. THESE ARE TWO INVITES WE HAVE UPCOMING. NEXT WEEK, I WILL BE IN WASHINGTON DC AGAIN MEETING WITH CUSTOMERS. WE SPEND A LOT OF TIME IN WASHINGTON BECAUSE THAT’S WHERE ASSOCIATIONS ARE HEADQUARTERED. IN OCTOBER, WE USE THE CHIEFS GAME TO BRING CUSTOMERS FROM CHICAGO. WE DO WORK AND PARTNER WITH THE SPRINT CENTER. TO SECURE SPORTING EVENTS. THIS IS A LIST OF UPCOMING EVENTS HERE IN THE CITY. WE HAVE SECURED THE BIG 12 CONFERENCE IN 2020. THAT WAS AN EXTENSION OF FOUR YEARS. WE ARE IN ACTIVE CONVERSATIONS WITH US FIGURE SKATING THE EXECUTIVE DIRECTOR AND TWO OF THE SELECTION COMMITTEE WAS HERE THIS WEEK. THAT IS A JANUARY 2017 EVENT THAT WOULD USE THE SPRINT CENTER AS WELL AS INDEPENDENT EVENT CENTER. OUR FOOTPRINT REACHES BEYOND KANSAS CITY. OUR MARKETING ACTIVITIES ARE BROKEN INTO DIFFERENT FUNCTIONS. ADVERTISING, MEDIA RELATIONS, FILM AND MEDIA.OUR SOCIAL MEDIA, PUBLICATIONS AND SPECIAL PROJECTS WE ARE ENGAGED IN AND I WILL SPEAK IN DETAIL AS WE MOVE THROUGH THE DECK. THIS GIVES AN EXAMPLE OF THE MARKETING. I ALWAYS REMIND PEOPLE, IT’S UNLIKELY YOU WILL SEE THIS PARTICULAR TV AD IN THE KANSAS CITY MARKET BECAUSE WE RUN IT TO GENERATE SUMMER ACTIVITY TO OUR ATTRACTIONS AROUND THE AREA. THIS IS RUN IN OUR REGIONAL DRIVE MARKETS AS YOU SEE BILLBOARDS AROUND THE CITY MARKETING TO OUR RESIDENTS TO TRY TO GET THEM TO TAKE DAY TRIPS. HERE IS A LOOK AT THE VIDEO.>>[VIDEO] [INDISCERNIBLE]>>THE TV COMMERCIAL SHOWS THE DIVERSITY OF THE PEOPLE WHO TRAVEL HERE AND THE PRODUCT THAT MAKES US ATTRACTIVE AND THAT’S WHY WE GET NATIONAL ATTENTION. TO GIVE AN INDICATION OF THE STRUCTURE OF VISIT KC BUDGET, 76% COMES FROM THE HOTEL OCCUPANCY TAX WHICH IS HOW WE RUN MANY OPERATIONS. WE HAVE INDIVIDUAL, PRIVATE FUNDS THROUGH MEMBERSHIPS DONE THROUGH DIFFERENT ORGANIZATIONS. FROM THE COMPARISON STANDPOINT, MARKETING IS VERY COMPETITIVE, TAKE A LOOK AT KANSAS CITY’S BUDGET IN COMPARISON TO COMPETITORS. NASHVILLE, INDIANAPOLIS, LOUISVILLE. FAR LARGER BUDGETS AND WE ARE COMPETING EVERY DAY FOR ATTENTION OF THE VISITOR AND CONVENTION PLANNERS TO SELECT US. AS WE CONTINUE TO MOVE FORWARD AND BRING ON NEW PRODUCT, WE LOOK FOR WAYS TO BE CREATIVE IN GENERATING MORE DOLLARS TO MARKET THE CITY WHICH IS VERY COMPETITIVE IN THE FIELD OF MARKETING.>>AS WE LOOK AT WHY THIS IS IMPORTANT, WE HAVE NEW 2014 DATA AND THIS IS THE FIRST TIME SHARED PUBLICLY, EVERY TWO YEARS WE DO AN ECONOMIC VISITOR IMPACT STUDY. OUR 2014 DATA SHOWING A $5.1 BILLION IMPACT IN THE INDUSTRY UP FROM $4.6 BILLION IN 2012. THE VISITORS ARE UP 24 MILLION. IT SUPPORTS JOBS, GENERATES TAX DOLLARS. WHEN YOU LOOK AT THE HOSPITALITY INDUSTRY, ONE IN 19 OF LOCAL JOBS ARE SUPPORTED BY HOSPITALITY INDUSTRY. VERY POSITIVE NEWS FROM A VISITATION STANDPOINT. WE WILL SHARE THAT DATA. YOU CAN SEE THE IMPORTANCE OF THE HOSPITALITY INDUSTRY WHICH I KNOW YOU ARE AWARE OF AND HOPEFULLY WILL BE SUPPORTIVE OF. THE RETURN ON INVESTMENT, FROM A CONVENTION STANDPOINT AND A LEISURE IMPACT. WE DO MORE THAN JUST EVENTS THAT MEET IN THE CONVENTION CENTER. IN 2014, VISIT KC BOOKED OVER 300 MEETINGS. THESE ARE SMALL AND LARGE MEETINGS. YOU CAN SEE THE ECONOMIC IMPACT OF $366 MILLION JUST FROM CONVENTIONS. WHEN YOU LOOK AT THE LEISURE IMPACT, FOR EVERY DOLLAR WE SPEND MARKETING THERE IS A $73 RETURN ON INVESTMENT. THIS GIVES AN INDICATION OF THE MANY DIFFERENT AREAS THAT TOURISM CAN TOUCH. MOST PEOPLE ARE FAMILIAR WITH A FEW WEEKS AGO, THERE WAS AN EVENT AT ARROWHEAD STADIUM, THE ROLLING STONES CONCERT. PEOPLE TRAVELED FROM ALL OVER THE COUNTRY AND STAYED IN HOTELS AND NEEDED TRANSPORTATION SO THEY USED LOCAL TAXICABS OR [INDISCERNIBLE] WHO SOLD OUT THEIR SERVICES FOR THAT EVENING. IT IS AN INDICATION OF ALL THE DIFFERENT TOUCH POINTS. THERE WAS A CONVENTION IN THE SPRING THAT SOLD OUT ALL DOWNTOWN RENTAL CARS. THIS SHOWS HOW ALL THE DIFFERENT TOUCH POINTS WHETHER RESTAURANTS, BANKS, SHOPPING, VISITORS SPEND MONEY ALL OVER THE CITY. WE WANT TO TALK ABOUT RECENT SUCCESSES. IN 2014 WE BOOKED OVER 333,000 BOOK NIGHTS. DESTINATION SERVICES FOCUS ON RETENTION. MARKETING COMMUNICATIONS FOCUSES ON WEB ACTIVITY. THE STORIES YOU READ ABOUT IN THE NEW YORK TIMES AND TRAVEL AND LEISURE MAGAZINE DON’T HAPPEN ON THEIR OWN. WE INVITE PEOPLE IN TO SHARE WHAT IS GOING ON. OUR FILM AND MEDIA HAD 36 JUST IN THE COUPLE OF MONTHS BY PRODUCERS TO FIND AREAS TO FILM AROUND THE CITY. SOME OF THE RECENT MAJOR CONVENTION BUILDINGS, IF YOU LOOK AT THE DIVERSITY, WE HAVE JUNIOR VOLLEYBALL ASSOCIATION COMING IN. AMERICAN PUBLIC WORKS ASSOCIATION. THE AMERICAN ASSOCIATION OF LABORATORY ANIMAL SCIENCES. THAT CONVENTION BOOKED KANSAS CITY BECAUSE OF THE ANNOUNCEMENT OF THE HOTEL. WE WERE NOT ON THEIR RADAR. WHEN WE DID THE PR ANNOUNCEMENT IN MAY, WE PUSHED THAT INFORMATION TO 3000 CUSTOMERS. THIS CUSTOMER EXPRESSED INTEREST IN CAME IN FOR A SITE VISIT AND HAVE SELECTED KANSAS CITY FOR 2021 BECAUSE OF THE ANNOUNCEMENT. THAT IS UNPRECEDENTED BEFORE A SHOVEL GOES INTO A GROUND. I GET WEEKLY CONVERSATIONS FROM SALESPEOPLE THAT CUSTOMERS ALREADY WANT TO TALK TO HYATT. AS WE LOOK AT OTHER BASKETBALL CHAMPIONSHIPS AND QUILTS EVENTS. WHEN WE TALK ABOUT THE MEDIA RELATIONS, HERE’S AN EXAMPLE OF THINGS WE TALK ABOUT. WE ARE PITCHING STORIES TO DIFFERENT PUBLICATIONS. FEATURED IN BETTER HOMES. SAVOY MAGAZINE. NEW YORK TIMES. THE TODAY SHOW. THERE’S A LOT OF POSITIVE ACTIVITY THAT GOES ON FROM THE PR DEPARTMENT. THE FILM AND MEDIA OFFICE HAVE BEEN VERY POSITIVE. THE MOST RECENT MENTION OR FILM PRODUCTION TO GENERATE OVER 6 MILLION VIEWERS WITH THE AMERICAN NINJA WARRIOR PRODUCTION WHICH WAS FILMED IN KANSAS CITY. WE WERE INSTRUMENTAL IN MAKING SURE IT HAPPENED IN THE PARKING LOT OF UNION STATION. I WANT TO TALK ABOUT INNOVATIVE STRATEGIES. SOCIAL MEDIA BECOMES VERY POWERFUL FOR US. WHETHER THROUGH TWEETS. WE’VE MADE SURE OUR WEBSITE IS A RESPONSIVE DESIGN. SO THAT YOU CAN ACCESS IT FROM ANY DEVICE. MAKING SURE THE VISITOR GUIDE IS TABLET READY. BRINGING IN BLOGGERS TO DO A CONFERENCE. THE KC VIDEO SERIES HAS BEEN VERY POSITIVE FOR KANSAS CITY. IT IS NOW CALLED DIGITAL STORYTELLING AND I HAVE A NEW VIDEO TO SHOW YOU AND WE HAVE THESE VIDEOS AND LAST TIME I WAS HERE I SHOWED THE JAZZ ONE. WE’VE DONE COFFEE, PIZZA. WILL SHOW ONE TODAY ON BARBECUE. THE COFFEE ONE HAS NOMINATED FOR AN EMMY AND WE WILL SEE WE CAN WIN THAT. THE LAST THING IS THE GOOGLE TRUCKER PARTNERSHIP. MANY OF YOU HAVE SEEN THE CAMERA FOR GOOGLE ON TOP OF AUTOMOBILES. THIS IS FOR MAPPING THINGS THAT ARE NOT ACCESSIBLE BY AUTOS. WE’VE HAD OUR TEAM WITH GOOGLE TREKKER WALKING ALL THROUGH THE CITY AND NOW IT CAN BE MAPPED. THAT WILL BE COMING UP SOON. THE DIVERSITY INITIATIVES IS IMPORTANT TO SUCCESSFUL MARKETING ANY DESTINATION. DIVERSE KC IS A NEW PUBLICATION THAT CAME OUT. THE MARKETING WE HAVE SPECIFIC PERSON DEDICATED TOWARD DIVERSITY. INITIATIVES ARE PR AND CONTINUED INVESTMENT IN PHOTOGRAPHY THAT WE ARE FOCUSED ON AND I HAD TO REMIND OUR AD AGENCY WE NEED TO ELEVATE DIVERSITY SO SHOWCASES ALL THINGS GOING ON. OUR RESTAURANT WEEK, LAST YEAR IT WAS ONE OF THE BEST EVER. WE LAUNCHED IN JANUARY 2015. WE ADDED TWO OTHER EXECUTIONS LAST YEAR WHICH WAS THE HOTEL AND RETAIL SPACE WHICH MADE IT ONE OF THE BEST EVER AND LAST YEAR WE HAD 160 RESTAURANTS THAT PARTICIPATED. THIS YEAR, ALREADY PREREGISTERED OUR 135 RESTAURANTS. WE WORK ON THIS PROGRAM IN PARTNERSHIP WITH THE GREATER KANSAS CITY RESTAURANT ASSOCIATION. IT’S A GREAT PARTNERSHIP WE HAVE. WE LOOK AT HOW WE CAN EXPAND THAT FOOTPRINT AND MAKE IT MORE SUCCESSFUL. THIS VIDEO IS OUR OTHER [INDISCERNIBLE] VIDEO.>>[VIDEO] [INDISCERNIBLE] THIS IS CALLED DIGITAL STORYTELLING. WE HAVE PIZZA, COFFEE, BEER, JAZZ, BARBECUE. OUR 2015 PLAN, WE ARE AGGRESSIVELY WORKING TOWARD EXCEEDING THESE GOALS. TO HIT ANOTHER MARK ON GENERATING CONVENTION ROOM NIGHTS WHICH THE INTEREST IN THE HOTEL CONTINUES TO BE HIGH. THE MARKETING WEBSITES AND FILM AND MEDIA WHICH WE ARE GETTING IN QUERIES TO LOOK FOR SCOUTING LOCATIONS AROUND THE AREAS. OUR 2015 THROUGH 2015 STRATEGIC PLAN IS IN PLACE. WE HAVE TO GO THROUGH MODIFICATION PERIODS. WHEN WE BUILT IT IN THE SUMMER, WE DID NOT FACTOR IN THE ANNOUNCEMENT OF THE CONVENTION CENTER HOTEL. SO WE WILL HAVE TO RELOOK AT MARKETING SALES ACTIVITY AS WE GENERATE MORE MOMENTUM. ONE OF THE BIGGEST AREAS IN IS ELEVATING PRESENCE IN THE LOCAL COMMUNITY TO EDUCATE WHY THE HOSPITALITY INDUSTRY IS IMPORTANT AND THE IMPACT HAS BEEN HUGE FOR US. I WANT TO REMIND THE COUNCIL YOU ARE ALL INVITED TO VISIT KC OFFICES THIS EVENING AT 5 PM FOR A RECEPTION. WE HAVE MANY ELECTED OFFICIALS THERE AND YOU CAN ENGAGE AND KNOW WHAT’S GOING ON ON THE TOURISM AND MARKET FRONT. WORKING WITH THE TEAM HERE IS OUR MOTTO. NOT ONLY ARE MY COLLEAGUES IN WASHINGTON DC JEALOUS BECAUSE OF THE MARKETING WE GOT FROM FREE MARKETING BUT THEY ARE REMINDING US OF HOW JEALOUS THEY ARE AT HOW ENGAGED OUR MAYOR IS IN EVERYTHING WE DO. THEY REMIND ME OF WHY WE ARE LUCKY TO HAVE THE MAYOR ENGAGED. HE SPENT SOME TIME WITH US AT THE OPEN HOUSE WE HAD A FEW WEEKS AGO. THIS IS OUR NEW STREET LOCATION. THE UPPER PICTURE IS THE NEW PARK UNIVERSITY, OUR OUTREACH TO MAKE SURE WE ARE ENGAGING INSTITUTIONS AND CORPORATE LEADERSHIP AND GETTING THEM ENGAGED ABOUT WHY MARKETING IS IMPORTANT. WE’VE DONE SOME PROMOTIONS WITH THE CHIEFS TO GENERATE ACTIVITY. WE WANT RESIDENTS TO KNOW THAT THIS IS THEIR VISITOR AREA. WE HAVE HAD MORE VISITORS COME THROUGH THAT SPACE AT STREET LEVEL SINCE MARCH THEN WE HAD IN A 12 MONTH PERIOD OF TIME ON THE 22ND FLOOR. IT IS AN ENORMOUS LOCATION TO EXPAND THE FOOTPRINT, SHAREWARE PEOPLE CAN GO AND SPEND THEIR DOLLARS OUTSIDE OF DOWNTOWN AND GIVE THEM SO MUCH TO DO THEY HAVE TO EXTEND THEIR STAY. THAT IS GOING WELL FOR US. SOME THINGS ON THE HORIZON, CONTINUING TO USE SPORTS TO PROMOTE VISITATION TO THE CITY. THE DOWNTOWN STREETCAR WILL BE A GREAT ASSET FOR VISITORS TO BE ABLE TO MOVE FROM THEIR MARKET TO BROWN CENTER. THE CONVENTION HOTEL. IT’S IMPORTANT FOR US AND MARKETING THE ARTS AND CULTURE ACTIVITIES. WE WERE ABLE TO INTERACT WITH A GUEST TRAVELING HERE FROM HOLLAND AND THE NUMBER ONE REASON THEY CAME WAS BECAUSE OF THE NELSON ATKINS MUSEUM. WE WERE ABLE TO GIVE THEM MORE INFORMATION TO DO AROUND THE CITY AND THEY WENT TO THE AIRLINE HISTORY MUSEUM. I WAS OUT THERE THIS WEEK AND THE PRESIDENT REMINDED US THEY GET A LOT OF INTERNATIONAL VISITORS. IN ADDITION TO OUR GREAT: AIRY, ARTS AND CULTURE BECOMES A HUGE DRIVER.>>I’M HAPPY TO TAKE ANY QUESTIONS.>>COUNCILWOMAN HALL>>THANK YOU FOR YOUR REPORT. WOULD THAT BE SOMETHING WE COULD HAVE ACCESS TO PLEA>>ABSOLUTELY>>YOU MENTION 70% OF YOUR FUNDING COMES FROM THE CONVENTION AND VISITORS TAX?>>YES>>WHAT PERCENTAGE OF THAT TAX IS 70% FOR YOU?>>76% IS THE AMOUNT THAT IS OUR FUNDING. WE GET 40% OF THE ACTUAL TAX COLLECTED.>>YOU MENTION YOU GOT MORE CALLS ON CONVENTIONS, WHAT ARE YOUR NUMBERS? WHERE DO WE STAND OUT RIGHT NOW? ANNUALLY, HOW MANY CONVENTIONS DO WE HAVE?>>YOU HAVE THE CITYWIDE NUMBER WHICH IS 18 CITYWIDE CONVENTIONS BUT THERE ARE HUNDREDS OF OTHERS. THERE WERE 309 CONVENTIONS LAST YEAR THAT WERE BOOKED FOR KANSAS CITY. THERE ARE THINGS THAT HAPPEN IN THE CONVENTION CENTER AND THEN THERE ARE HUNDRED OF OTHERS SELF-CONTAINED.>>YOU MENTION YOU GET NEW HOTEL CALLS.>>SINCE MAY, WE ANNOUNCED IN MAY THE PR. WE’VE HAD 20 INQUIRIES. FROM ALL DIFFERENT ASSOCIATIONS. THAT IS EXTREMELY POSITIVE BECAUSE IN THE CONVENTION HOTEL ARENA, CUSTOMERS USUALLY DON’T BITE UNTIL THE DEAL IS CLOSED AND THE SHOVEL IS IN THE GROUND. FOR US TO BE GENERATING THAT AWARENESS IS VERY POSITIVE. WE ALREADY HAD ONE THAT HAS BOOKED AS A RESULT OF THE ANNOUNCEMENT. THAT IS A CITYWIDE CONVENTION. THEY HAD OVERLOOKED US BEFORE AND THAT IS LESS THAN ONE YEAR AFTER THE PR ANNOUNCEMENT. EACH STEP ALONG THE WAY, ANY ACTIVITY THAT HAS BEEN TAKEN PLACE, EVERY TIME THERE IS SOMETHING NEW THAT COMES OUT, WE ENGAGE OUR CUSTOMERS AND I WILL BE IN WASHINGTON AND CHICAGO AND WE WILL SHARE BECAUSE THAT IS THE NUMBER ONE QUESTION PEOPLE ASK. WHAT IS GOING ON WITH THE HOTEL? I THINK WE SPENT 20 MINUTES TALKING ABOUT THE PROPONENTS ASSOCIATED WITH IT WITH JUST ONE PERSON.>>COUNSELWOMAN LOAR>>BRIAN, WOULD YOU TELL US MORE ABOUT YOUR FILM PIECE? WE USED TO HAVE A FILM COMMISSION. THERE ARE A LOT OF CITIES THAT CAPITALIZE ON THAT. THERE MAY BE STATE LEGISLATURE WE NEED TO WORK ON TO HELP OUT WITH THAT.>>YES. THE STATE OF MISSOURI DOES NOT HAVE A FILM TAX CREDIT. IT USED TO HAVE IT AND IT WENT AWAY. THERE IS MULTIPLE COMPONENTS ASSOCIATED WITH THE FILM INDUSTRY. YOU HAVE THE PRODUCTION SIDE AND COMMERCIALS, DIGITAL. IN KANSAS CITY, THERE’S AN ENORMOUS AMOUNT OF CREATIVE TALENT THAT WORKS IN THE FILM INDUSTRY. IT IS THE FILM AND NEW-MEDIA OFFICE FOCUSING ON PROMOTIONS OF SCOUTING LOCATIONS TO FILM. WHEN A FILM IS DONE, THE ENTIRE FILM IS NEVER FILMED IN ONE LOCATION. PIECES ARE FILMED IN OTHER AREAS. WE HAVE DEVELOPED A DATABASE THAT SHOWS LOCATIONS IN THE ENTIRE REGION AND IS BROKEN DOWN INTO CATEGORIES. MANSIONS, HISTORICAL SITES WHERE PRODUCERS CAN COME IN AND SCOUT DIFFERENT LOCATIONS. [INDISCERNIBLE] WORKS WITH PRODUCERS AND ATTENDS FILM FESTIVALS AND HELPS THEM FIND LOCATIONS AND NAVIGATE THROUGH ORGANIZATION OF TALENT FOR COMMERCIALS AND PRODUCTION TALENT. WE MAKE THE PROCESS EASIER FOR PEOPLE TO COME IN AND FILM AND GET MORE AWARENESS. THE BIGGEST PIECE IS WHEN YOU LOOK AT THE FOOTPRINT ACROSS THE NATION, MISSOURI DOES NOT HAVE A FILM TAX CREDIT. AND WHEN YOU LOOK AT MOTION PICTURE PRODUCTION, THE STATE OF MISSOURI GETS OVERLOOKED.>>PLACES LIKELY WE STAND A, THEY DO A LOT OF FILM WORK DOWN THERE. EVERY TIME I’M IN NEW ORLEANS THEY ARE FILMING SOMETHING. WOULD IT BE TOO BIG OF A CHUNK TO BITE OFF TO LOOK AT THE TAX CREDITS THEY HAVE AND MODEL SOMETHING AFTER THAT? I DON’T KNOW HOW YOU LEARNED THESE FOLKS IN.>>WE HAVE A SPREADSHEET THAT SHOWS THE TAX INCENTIVES EVERY STATE HAS. I WILL SEND THAT TO YOU. WE WENT TO JEFFERSON CITY LAST YEAR AND PRESENTED IN SUPPORT OF LEGISLATION TO BRING IT BACK. IT DID NOT PASS BUT THAT’S OUR ONGOING EFFORTS. WE WORK WITH THE STATE OF MISSOURI AS WELL AND PARTNERSHIP. ANY INFORMATION WE HAVE, WHICH IS AN ENORMOUS AMOUNT OF DATA, WE HAVE THAT SPREADSHEET.>>COUNCILMAN MCMANUS>>WE DID HAVE A FILM TAX CREDIT, IT DID EXPIRE. THERE WAS EFFORT LAST SESSION TO REINSTATE IT. IT DID NOT GET MUCH GROUND. YOU MAY RECALL, THERE WAS A MOVIE, DAWN GIRL. IT WAS FILMED IN MISSOURI AND I THINK IT WAS LIKE $7 MILLION OF IMPACT. IN THAT TOWN IT WAS FILMED. THERE WAS INTEREST FROM THAT REPRESENTATIVE AND THE STATE SENATOR. THERE MAY BE SOMETHING WORTH PURSUING.>>THANK YOU.>>MAYOR PRO TEM>>ON THE LEISURE SIDE, I THINK SOMETIMES OR AT LEAST AS LONG AS I’VE BEEN INVOLVED WITH VISIT KC GOING 20 YEARS, THERE IS ALWAYS SOME QUESTION FROM TIME TO TIME AS TO WHERE THE CITY ADVERTISES. IF YOU MAY TALK ABOUT THOSE TARGET MARKETS?>>THE TARGET MARKETS ARE REGIONAL DRIVE MARKETS. IOWA, OMAHA, ST. LOUIS. PRETTY MUCH WITHIN 8 REGIONAL DR. MARKET. ONE THING WE’VE IDENTIFIED IS WE HAVE CONSISTENTLY ADVERTISED IN THOSE MARKETS AND AS WE LOOK AT BEING MORE STRATEGIC, HAVE WE EXHAUSTED OUR EFFORTS THERE? IF YOU REMEMBER REPRESENTED AT THE ANNUAL MEETING IS WE ARE LOOKING AT SHORT FLIGHT MARKETS. FROM AN HOUR AND A HALF YOU CAN BE IN CHICAGO, ATLANTA, MINNEAPOLIS. WE LOOK AT MARKETING THERE BECAUSE OF THE DIVERSITY OF THE PRODUCT WE HAVE HERE. WE WANT TO LOOK AT SHORT FLIGHT MARKETS THAT WE CAN EXPAND OUR FOOTPRINT IN. THE LEISURE SIDE OF MARKETING WILL BECOME EXTREMELY MORE IMPORTANT AS WE LOOK AT THE SMALL HOTELS OPENING. GENERALLY, THOSE HOTELS CATER TOWARD THE TRANSIENT MARKET AND WE HAVE SOMEONE JOINING OUR TEAM NEXT MONDAY COMING FROM LAS VEGAS AND EVERYTHING SHE DOES EVERY DAY HAS BEEN CONSUMER MARKETING. ALSO BEING CREATED FROM THE LEISURE SIDE INTERCULTURAL PROGRAMS. WE’VE BEEN IN CONVERSATIONS WITH MEGAN FROM THE ACCRETIVE OFFICE ON HOW TO GENERATE MORE ART AND CULTURE TOURISM. THE LEISURE AS IS IMPORTANT AS THE CONVENTION AND WE WILL EXPAND THAT.>>FOLLOWING UP A LITTLE BIT, YOU MIGHT TALK ABOUT THE CHALLENGES RELATED, GOING OFF THE BUDGETARY QUESTION, THE LEISURE SIDE IS A CHALLENGE TO PUT TOGETHER A BUDGET OF ANY REAL WEIGHT AND SIZE. YOU MIGHT TALK ABOUT THE RELATIONSHIP WITH THE STATE AND HOW YOU COBBLED TOGETHER THE DOLLARS YOU FIND TO THAT PROGRAM>>WHAT HE IS ASKING IS, WE DON’T HAVE THE LARGEST BUDGET SO ANYTIME WE TALK ABOUT MARKETING, IT WOULD BE GREAT IF WE HAD LAS VEGAS BUDGET OF $150 MILLION. THE PERSON I WAS SPEAKING OF THAT IS JOINING OUR TEAM IS COMING TO US FROM THE MIRAGE HOTEL, SHE IS A VP OF MARKETING ADVERTISING. HER BUDGET FOR THAT SINGLE PROPERTY WAS $16 MILLION. WHICH IS LARGER THAN OUR ENTIRE BUDGET AS AN ORGANIZATION. WHEN WE LOOK AT GENERATING COMMERCIALS, PLACING THOSE IN MARKETS, RADIO ADVERTISING, PRINT, THAT BECOMES EXPENSIVE. WHAT IS IN PLACE IS A CO-OP PARTNERSHIP MARKETING WITH THE STATE OF MISSOURI AND RIGHT NOW IT IS ABOUT $30,000 THAT WE USE ON AN ANNUAL BASIS THAT HAS SHRUNK TO THAT AMOUNT. THERE ARE CERTAIN PARAMETERS WE HAVE TO WORK WITH AS A DESTINATION. THAT’S A DIFFERENT CONVERSATION FOR A DIFFERENT DAY BUT I THINK THERE ARE CERTAIN PARAMETERS WE HAVE AND BUDGET LIMITATIONS WHEN YOU TALK ABOUT RADIO, TV AND PRINT. IT’S VERY EXPENSIVE TO DO.>>WE ARE ALWAYS LOOKING AT HOW TO BE CREATIVE, SOCIAL MEDIA IS IMPORTANT. WE TRY TO FIGURE OUT HOW TO DO MORE WITH LESS.>>YOU DO AN EXCELLENT JOB.>>THANK YOU. WE REALLY DO APPRECIATE IT. DO YOU WANT TO INTRODUCE YOUR STAFF?>>OUR NEWEST TEAM MEMBER, VP OF PARTNERSHIP AND EVENTS, ASHLEY JONES. SHE JUST STARTED. CAME TO US FROM [INDISCERNIBLE] SO SHE WILL BE FOCUSED ON OUR PARTNERSHIP PROGRAM AND EVENT SUPPORT. OUR DIRECTOR OF MARKETING, CINDY TOWERS. A FAMILIAR FACE TO CITY HALL, MY SPECIAL ASSISTANT, TERESA MARTINEZ.>>THANK YOU.>>KEEP DOING WHAT YOU ARE DOING. I KNOW YOU HAVE OTHER TRIPS SCHEDULED. KEEP ME IN THE LOOP.>>ITEM OF BUSINESS, DISCUSSION OF ORDINANCES, RESOLUTIONS AND COMMUNICATIONS FROM TODAY’S DOCKET.>>MAYOR PRO TEM>>I WANT TO CALL ATTENTION TO ORDINANCE 150521 COMMITTEE SUB. THIS WAS THE ISSUE RELATED TO THE PROPERTY ON TROOST AND 53RD. THIS HAS BEEN CONTROVERSY OPEN THIS WAS HELD IN ORDER FOR THE VARIOUS PARTIES TO GET TOGETHER AND COME TO A MUTUALLY BENEFICIAL SOLUTION AND I KNOW MR. MAYOR YOU HAVE A BRIEF UPDATE.>>WE CHECKED IN TO FIND OUT WHERE THEY WERE. OVER THE LAST FEW WEEKS. MOST RECENTLY, BOTH PARTIES HAVE ASKED THAT WE EXTEND THEM AN ADDITIONAL 60 DAYS TO MEDIATE THEIR DIFFERENCES AS THEY WORK OUT THE PROBLEM. IN LIGHT OF THE FACT THEY ARE MOVING TOWARDS A RESOLUTION THAT THEY CAN AGREE ON, THAT WILL MAKE IT EASIER FOR US TO DO OUR JOBS. I SAW NO REASON NOT TO TELL THEM THAT THEY COULD HAVE 60 DAYS. WHEAT SAID GO AHEAD AND PROCEED. THEY ARE IN THE PROCESS OKAY THEY ARE ONLY ASKING FOR 30 DAYS NOW. THEY ARE IN THE PROCESS OF LOCATING AND MAINTAINING A MEDIATOR. IF WE COULD HOLD THIS FOR ANOTHER 30 OR 37 DAYS SO WE WILL GIVE THEM AN OPPORTUNITY TO FINISH AND THEN WE WILL TAKE IT UP DEPENDING ON WHAT THEY HAVE DONE AMONGST THEMSELVES.>>WE WILL PROBABLY HAVE A MOTION ON THE FLOOR TO THAT EFFECT.>>ANY OTHER?>>ITEMS TO BE PLACED ON FUTURE BUSINESS SESSION AGENDAS?>>THE NEXT ITEM IS WE WILL NOW CONVENE AS THE COMMITTEE OF THE WHOLE. WE HAVE A QUORUM. THE ISSUE FOR DISCUSSION IS ORDINANCE 150660. WHICH REGARDS AN ELECTION ON NOVEMBER 3, 2015 FOR THE PURPOSE OF SUBMITTING TO VOTERS OF KANSAS CITY A QUESTION PRESENTED BY THE COMMITTEE OF PETITIONERS THROUGH AN INITIATIVE PETITION REGARDING MINIMUM WAGE. FIRST UP WILL BE OUR COUNSEL, BILL GARY.>>I HAVE GIVEN YOU A PROPOSED COMMITTEE SUBSTITUTE. THE REASON IS TWOFOLD. ONE, IT CORRECTS THE MAYORS THAT I MADE WHEN I WROTE THE FIRST RELYING ON MY MEMORY. IT FIXES THOSE. AND THE SECOND MAJOR AMENDMENT DEALS WITH THE POSSIBILITY OR POTENTIALITY OF HAVING THE VETO OF THE GOVERNOR OF HOUSE BILL 722 OVERRIDDEN. THE ORDINANCE WE ARE TALKING ABOUT, ALTHOUGH IT DEALS WITH A POTENTIAL MINIMUM WAGE INCREASE, THE ORDINANCE IS NOT ABOUT MINIMUM WAGE INCREASES. IT’S ABOUT THE INITIATIVE PETITION AND THE PROCESS THE CHARTER REQUIRES US TO FOLLOW. WITH RESPECT TO INITIATIVES AND THE ORDINANCES WE ENACTED. IF YOU REMEMBER IN MAY, WE WERE GIVEN AN INITIATIVE PETITION THAT HAD SUFFICIENT SIGNATURES TO INCREASE THE MINIMUM WAGE. TWO $15 PER HOUR BY 2020. THE COUNCIL WAS LOOKING AT OTHER LEGISLATION AT THAT TIME. CHOSE NOT TO ACT ON THE INITIATIVE PETITION. AFTER 60 DAYS, IF THE COUNCIL DOES NOT ACT ON AN INITIATIVE PETITION, THE COMMITTEE HAS THE AUTHORITY TO DEMAND THERE BE AN ELECTION. THAT HAPPENED. THE DEMAND WAS MADE. AFTER WE PASSED AN ORDINANCE. EVEN HAD WE PASSED THERE ORDINANCE WITH THE CHANGES WE MADE, THERE STILL WOULD HAVE BEEN A DEMAND FOR THE ELECTION BECAUSE JUST PASSING AN ORDINANCE DOES NOT FULFILL THE CITY’S RESPONSIBILITIES UNDER THE INITIATIVE PROVISIONS. WE HAVE TO PASS THE ORDINANCE THEY DEMAND. OR THEY HAVE THE AUTHORITY TO SAY NO, WE WANT THIS TO GO FORWARD. THAT’S WHAT HAPPENED. I DON’T THINK IT IS HYPERBOLIC TO SAY THIS IS JUST ABOUT AS CONFUSING A PROCEDURAL MATTER AS I’VE COME ACROSS IN A LONG TIME. IT IS THAT WAY BECAUSE WE ENACTED LEGISLATION. THERE WAS AN INITIATIVE PETITION WANTING DIFFERENT LEGISLATION ENACTED AND THERE IS A REFERENDUM SAYING WE WANT TO HAVE A BOA — VOTE ON THE ORDINANCE YOU PASSED. WE NOW HAVE A SITUATION WHERE THE VETO SESSION IS SEPTEMBER 16. IF HOUSE BILL 722 HAS THE VETO OVERRIDDEN, SEVERAL THINGS WILL HAPPEN. ANY THOUGHT OF DECIDING WHETHER OR NOT PEOPLE SHOULD USE PAPER OR PLASTIC WILL BE PREEMPTED BY THE STATE BECAUSE OF THE IMPORTANCE OF THAT ISSUE. IN A STATEWIDE SITUATION. THE SECOND THING WILL BE THAT THERE WILL BE A EXPLICIT PREEMPTION OF CITIES AND ACTING MINIMUM WAGE. THAT LEGISLATION FOR WHAT EVER REASON INCLUDED THE STATEMENT THAT IF YOU HAVE AN ORDINANCE IN EFFECT ON AUGUST 28 OF THIS YEAR, THAT WILL NOT BE PREEMPTED. THAT’S WHAT THEY WROTE. I DON’T KNOW WHAT THEY MEANT. WE PASSED OUR ORDINANCE ON THE IDEA THAT OTHER LAWS MUST NOT REALLY PREEMPT, THEY MUST UNDERSTAND THE DEFECTS IN THE CURRENT LAW AND CONSEQUENTLY, THEY HAVE MADE THIS LITTLE WINDOW OF OPPORTUNITY FOR US. OUR ORDINANCE TOOK ADVANTAGE OF THAT WINDOW. THE REFERENDUM POSTPONES THE EFFECTIVE DATE OF OUR NOTES. THE REFERENDUM PETITIONS WILL BE SUBMITTED NO LATER THAN 25 AUGUST. THE ORDINANCE WAS TO GO INTO EFFECT ON THE 24TH. IT WON’T BECAUSE OF THE REFERENDUM. WE WON’T KNOW IF THERE ARE SUFFICIENT SIGNATURES FOR A WEEK OR SO. AFTER THE PETITION IS SUBMITTED. IF THERE ARE NOT SUFFICIENT SIGNATURES, THERE IS ANOTHER EXTENSION. A 10 DAY PERIOD. WE ARE NOT GOING TO HAVE AN ANSWER UNTIL AFTER AUGUST 28. MAYBE NOT UNTIL AFTER SEPTEMBER 16 DEPENDING ON THE NEED FOR A SUPPLEMENTARY PETITION. OUR ORDINANCE IS NOT GOING TO BE WITHIN THE WINDOW. WE KNOW THIS WILL BE AN ISSUE. I’M NOT ASKING YOU TO ADDRESS WHAT TO DO WITH THAT NOW BUT YOU MAY, I MAY BE IN FRONT OF YOU AT SOME POINT SAYING THE ORDINANCE WE PASSED MISSED THE WINDOW AND HAVING AN ELECTION ON THIS ORDINANCE WILL NOT MAKE SENSE BECAUSE OF THE PREEMPTION IS UNCLEAR. IN THE NEW STATUTE. STILL, OUR POINT ON THIS ORDINANCE ISN’T OUR LEGISLATION. IT IS, DO WE PUT THIS ON THE BALLOT? HAVING AN ELECTION IN NOVEMBER WILL COST US A HALF-MILLION DOLLARS. IT IS POSSIBLE THAT BY THE TIME WE GET THE ELECTION AUTHORITIES NOTICE AND THE DEADLINE IS NEXT TUESDAY, THE VETO SESSION WILL OCCUR ON THE 16TH AND WE WILL KNOW WHETHER OR NOT THERE IS A DIRECT PREEMPTION OF WHAT WE ARE DOING AND WHAT THE COMMITTEE OF PETITIONERS FOR THE INITIATIVE PETITIONER IS DOING. WHETHER IT’S JUST EXPLICITLY NOW PREEMPTED. HOWEVER, TO GET SOMETHING OFF THE BALLOT, YOU HAVE TO HAVE A COURT ORDER AND THAT HAS TO BE DONE BY SEPTEMBER 22. WHICH WOULD MEAN, IF ON THE FIRST DAY AT THE VETO SESSION AND THE VETO SESSION CAN LAST 10 DAYS, IF IT HAPPENS ON THE FIRST DAY, WE WOULD HAVE THREE DAYS TO BE ABLE TO FILE AN ACTION, GET SERVICE, GET A HEARING DAY, HAVE A HEARING AND HAVE A COURT ISSUE AN ORDER SAYING YOU CAN REMOVE IT FROM THE BALLOT BECAUSE OF THIS PREEMPTION. THAT IS NOT GOING TO HAPPEN. THAT WILL NOT HAPPEN. WHICH LEAVES US IN A SITUATION WHERE IT’S POSSIBLE THAT WE COULD BE CALLING AN ELECTION THAT WILL DO TWO THINGS. NEITHER OF WHICH IS REASONABLE. ONE, SPEND HALF $1 MILLION ON AN ELECTION THAT WILL BE MEANINGLESS AND SECONDLY, HOLD AN ELECTION GIVING PEOPLE THE OPPORTUNITY TO EXPRESS THEIR OPINION ON WHETHER OR NOT THE MINIMUM WAGE SHOULD GO UP KNOWING THE EFFECT OF THE ELECTION WILL BE NOTHING. TELLING WORKERS WHO ARE MAKING UNDER $10 PER HOUR WHICH WOULD BE THE IMMEDIATE INCREASE UNDER THE INITIATIVE PETITION, YOU CAN GET A RAISE IF YOU VOTE YES. HAVE EVERYONE SAY THAT THIS PAST AND THEN NOT HAVE THE NUANCE OF THE, SO WHAT AND WHY DID YOU DO THIS AND WHY DID YOU SPEND A HALF $1 MILLION? THERE ARE NO GOOD RESULTS ABOUT THAT. WHAT I HAVE DONE IS I HAVE ADDED TO THE ORDINANCE A NEW SECTION 3. IT IS ON THE SECOND PAGE AND RED. THIS SAYS, AFTER WE PASS THE ORDINANCE, HB 722 VETO IS OVERRIDDEN, WE DECLARE OUR NOTICING BALLOT. AND — [INDISCERNIBLE] THE THIRD THING IT DOES IS TAKE OUT OF THE EQUATION THE ELECTION AUTHORITIES SAYING WE’VE ALREADY PRINTED ABSENTEE BALLOTS. WE’VE ALREADY PRINTED THE NOTIFICATIONS AND WE UNDERSTAND THAT AND WE WILL PAY THE COSTS YOU INCUR FOR THAT ELECTION. WE HAD TO DO THAT. I DON’T KNOW WHETHER THIS WILL WORK. THE STATUTE SAYS IT CAN BE TAKEN OFF BY COURT ORDER IF IT IS ISSUED BY SEPTEMBER 22. WE WON’T HAVE ONE BY THEN. SO I AM WRITING INTO THE ORDINANCE A JUSTIFICATION FOR THE ELECTION AUTHORITIES TO NOT HOLD AN ELECTION. THERE CAN BE ISSUES WITH THAT. THE ELECTION AUTHORITY CAN SAY WE APPRECIATE YOUR INGENUITY, BUT WE ARE NOT LIKE TO LISTEN TO THAT AND WE HAVE AN OBLIGATION TO HAVE THE ELECTION. THIS WILL THEN BE THE BASIS OF LITIGATION THAT THE CITY COULD FILE AGAINST THE ELECTION AUTHORITIES ON THE VALIDITY OF WHAT I HAVE DONE. IT GETS TO THE ISSUE EVENTUALLY. BUT, IT IS NOT A DIRECT ATTACK ON OUR RULE AND STATUTE THAT SAYS WE HAVE TO DO THIS BY SIX WEEKS BEFORE THE ELECTION DAY. THIS CHANGE GIVES THE ELECTION AUTHORITIES THE ABILITY TO DO THE RIGHT THING IF THE VETO IS OVERWRITTEN. AND AGAINST THE LAW DEPARTMENT THE ABILITY TO TRY TO DO SOMETHING TO AVOID SPENDING A HALF $1 MILLION. SO I’M ASKING YOU, WOULD YOU PASS SOMETHING OUT TODAY WHICH WE HAVE TO DO TODAY BECAUSE THE DEADLINE FOR THE ELECTION NOTICES TUESDAY. IN THE PAST, HAVE AND I READ WHERE YOU SAID YOU DON’T HAVE TO PASS THIS BECAUSE IT’S ILLEGAL AND CRAZY? I PROBABLY SAID ILLEGAL AND CRAZY IN PRIVATE ABOUT OTHER THINGS. THE REASON IS THIS. THE LAST THING WE HAD, NOT THIS INITIATIVE BUT BEFORE THAT WAS UNCONSTITUTIONAL ON ITS FACE. THE COURTS SAY, WE REALLY DISFAVOR DECIDING THE ISSUES OF THE LEGALITY OF AN INITIATIVE ORDINANCE BEFORE THE VOTERS HAVE EXERCISED THEIR RIGHT. IF YOU HAVE THE INITIATIVE, IT HAS TO MEAN SOMETHING SO YOU DON’T HAVE TO LITIGATE WHETHER OR NOT IT IS LEGAL BEFORE YOU PUT IT ON THE BALLOT. THE COURT IS NOT GOING TO LOOK AT THAT ISSUE IF IT ISN’T LEGAL BEFORE GOES ON THE BALLOT. IT WILL SAY, IS IT UNCONSTITUTIONAL ON ITS FACE. HERE’S THE REASON THIS IS NOT UNCONSTITUTIONAL, THE PREEMPTION’S WE HAVE IN STATE LAW THAT MAY APPLY TO THIS HAVE TO BE PROVEN WITH OTHER EVIDENCE. IT HAS TO COME INTO THE EQUATION. CONSEQUENTLY, IT’S NOT ON ITS FACE UNCONSTITUTIONAL. YOU SAY, WELL, WHY WOULD YOU TAKE THIS OFF IF THE VETO IS OVERWRITTEN BECAUSE IT IS MY OPINION THAT 722 WAS LAWFULLY ENACTED BECAUSE OF THE BROAD INTERPRETATION COURTS WILL GIVE THE TITLES TO BILLS EVEN THOUGH IT STARTED WITH A PAPER ISSUE AND BECAME EMPLOYMENT BENEFITS AND MINIMUM WAGE ADDED TO IT. BOTH OF THOSE ARE ISSUES ABOUT THE AUTHORITY OF MUNICIPAL GOVERNMENTS. THEY WILL BE GIVEN A BROAD INTERPRETATION. I BELIEVE WITH THAT BROAD INTERPRETATION, WE WILL HAVE A LAWFUL PREEMPTION. YOU SAY, DON’T WE HAVE A PREEMPTION ALREADY?>>I DON’T BELIEVE THE ONE WE HAVE NOW IS LAWFUL. I GET INTO A POSITION WHERE I SAY, YES THERE IS A STATUTE AND PEOPLE SAY, I JUST ANSWERED THE QUESTION TODAY FOR SOMEONE WHO DOES PAYROLL FOR PEOPLE AND IT WAS, DOESN’T SECTION [INDISCERNIBLE] SAY YOU CANNOT DO THAT? AND I SAY, THE COURT SAID THAT WAS UNCONSTITUTIONAL. AND TO PROVE THAT, TO SAY THAT STATUTE I BELIEVE TO BE INVALID IS THE REASON NOT TO PUT SOMETHING ON THE BALLOT DENIGRATES THE RIGHTS OF PEOPLE UNDER THE INITIATIVE. I BEGIN MAKING PROFESSIONAL CALLS AND I MADE A CALL IN FAVOR OF THE INITIATIVE PROCESS. HOWEVER, IF THE STATUTE 722 IS ENACTED ON ITS FACE IT WILL BE IN CONFLICT WITH THE STATUTE WHICH MEANS UNDER THE CONSTITUTION THE CITY DOES NOT HAVE THE AUTHORITY TO ENACT THAT ORDINANCE. PEOPLE DON’T HAVE THE RIGHT TO ENACT AN ORDINANCE THE COUNCIL COULD NOT ENACT. AT THAT POINT, I’M ABLE TO SAY I AM UPHOLDING THE RIGHTS OF PEOPLE UNDER THE CHARTER TO BRING INITIATIVES AND ORDINANCES YOU NEED TO DIRECT DEMOCRACY BUT ON HIS FACE, THERE IS NO JUSTIFICATION FOR SPENDING A HALF $1 MILLION. SO, IF YOU ADVANCE THIS AND PASS IT AND I BELIEVE IT TO BE AND ADMINISTER AERIAL ACT, BECAUSE YOUR QUESTIONS ARE NOT ABOUT IF THIS IS A GOOD IDEA, IS $15 TOO MUCH, THAT IS NOT THE ISSUE NOW. THE ISSUE IS WHETHER OR NOT IT HAS GONE THE BALLOT. IF IT WOULD PASS, THE ISSUE IS, WITH NINE VOTES YOU CAN REPEAL IT. AND IF SOMETHING HAS BEEN DONE ON THE VETO SESSION, THAT IS PROBABLY WHAT WE WILL NEED TO DO IF WE HAD THE ELECTION AND WE WILL BE ABLE TO SAY WE SPENT HALF $1 MILLION BUT WE DID WITH THE LOSS SAID. IDEALLY, COMMITTEE OF PETITIONERS AND THIS IS ONLY FROM THE PERSPECTIVE OF A BUREAUCRAT. IDEALLY, THE COMMITTEE WOULD SAY, WE ARE NO LONGER GOING TO DEMAND YOU PUT THIS ON THE BALLOT AND WE WILL START AGAIN IF THE VETO IS NOT OVERWRITTEN. BUT, WHAT A BUREAUCRAT PREFERS TO HAVE A NICE AND ORDERED LIFE IS NOT NECESSARILY WHAT PEOPLE WHO BELIEVE THERE IS A SOCIAL AND IMMORAL ASPECT TO THIS LEGISLATION ARE PARTICULARLY INTERESTED IN. I UNDERSTAND AND RESPECT THAT. SO THERE IS A NEW SECTION 3 IN HERE THAT DOES SOMETHING THAT I DON’T KNOW IF IT’S LEGAL OR NOT BUT THERE’S ONLY ONE WAY TO FIND OUT AND THIS IS THE MOST PRUDENT WAY I CAN THINK OF TO PUT US INTO A POSITION TO BE ABLE TO RESPOND TO EVENTS WE HAVE NO CONTROL OVER AT A TIME THAT MAKE IT DIFFICULT FOR US TO RESPOND. IMPOSSIBLE TO RESPOND. I THINK I WILL STOP.>>THANK YOU. PERHAPS A QUESTION FOR YOU. WE ARE WALKING, I CAN SEE WHERE WE WALK A FINE LINE BETWEEN A DISCUSSION OF FACTUAL ISSUES VERSUS A DISCUSSION OF LEGAL ISSUES. YOU ARE GOING TO HAVE TO MAKE THE CALL ON THAT AND WE HAVE RESERVED THE OPPORTUNITY TO DO CLOSE SESSION IF WE NEED TO TALK ABOUT LEGAL REMEDIES. YOUR CALL ON THAT IF YOU NEED TO STOP AT FIRST PERSON IS COUNCILMAN REED.>>I WANT TO APPLAUD YOU FOR SHEPHERDING US THROUGH THIS PROCESS. AS YOU MENTIONED, THIS IS A VERY COMPLICATED ISSUE AND ONE WITH A LOT OF MOVING PARTS FOR US TO UNDERSTAND. CERTAINLY A LOT OF WORK WENT INTO THE ORDINANCE AND PREVIOUS COUNSEL IN WORKING ON THIS AND MANY OF MY COLLEAGUES NOW ACROSS THE TABLE WERE VERY INVOLVED THROUGHOUT THE COURSE OF THE CAMPAIGN IN TERMS OF TALKING WITH PEOPLE WHO ARE SUPPORTIVE. I WANT TO APPLAUD THEM FOR THEIR EFFORTS AND WORK AND PETITIONERS CERTAINLY HAVE THE RIGHT TO DO WHAT WE ARE DOING TODAY IN TERMS OF SAYING TAKE IT TO THE BALLOT. I KNOW THE ANSWER TO THE QUESTION I WANT TO ASK BUT I STILL WANT TO ASK THE QUESTION SO IF SOMEONE IS WATCHING OR LISTENING, THEY CAN SAY THAT QUESTION HAS BEEN ANSWERED. IF IT IS NOT AN APPROPRIATE QUESTION, JUST TELL ME YOU CAN’T ANSWER. THE QUESTION IS, GIVEN OUR WINDOW AND TIMEFRAME, IF WE AS A COUNCIL WANT TO PUT AN EMERGENCY CLAUSE ON OUR CURRENT ORDINANCE TO INCREASE MINIMUM WAGE AND HAVE IT GO INTO EFFECT TOMORROW OR TODAY, IS THAT A POSSIBILITY?>>LET ME FIRST STATE THAT THIS HAS BEEN AN UNUSUAL DISCUSSION ALL ALONG. PUBLIC DISCUSSION. YOU’VE HEARD ME SAY I HAVE A CALL FROM ST. LOUIS COUNSELOR ONE DAY THAT SAID DID YOU KNOW YOUR MEMO TO YOUR COUNSEL ON THE ST. LOUIS PUBLIC RADIO WEBSITE? I THINK THIS IS AN IMPORTANT ENOUGH DISCUSSION, LET ME TAKE THE MYSTERY AWAY AND I WON’T SAY ANYTHING THAT WILL HARM US IN POTENTIAL LITIGATION. I HAVE EXPLAINED WHAT WE ARE TRYING TO DO AND WHY AND WHY THERE ARE RISKS AND IT’S BETTER FOR PEOPLE TO HEAR THE ANSWERS. THE ANSWER TO YOUR QUESTION IS I DON’T BELIEVE YOU CAN DO THAT. THAT KIND OF ACTION BY A CITY IS GOING TO BE EASILY CHALLENGED. FIRST OF ALL, WE COULD NOT CALL AN EMERGENCY. DOING THAT KIND OF AN INCREASE IN MINIMUM WAGE. UNDER OUR CHARTER. WHY THE PUBLIC HEALTH SAFETY AND WELFARE HAS TO HAVE THIS ENACTED NOW AND NOT IN 10 DAYS. THE FACT THAT WE WOULD GO BACK AND TAKE THE ORDINANCE WE ADOPTED AND MAKE MINOR CHANGES TO IT, I DON’T THINK WOULD BE SATISFACTORY PARTICULARLY TO A COURT. WHEN A COMMITTEE OF PETITIONERS THE REFERENDUM COMMITTEE CAME BACK AND SAID YOU ARE PREVENTING US FROM EXERCISING OUR RIGHTS UNDER THE CITY CHARTER BY CHANGING ISSUES. I CAN THINK OF ONE TIME IN THE HISTORY THAT I HAVE BEEN HERE WHERE WE HAVE DONE SOMETHING LIKE THAT AND WE ACTUALLY MADE A SUBSTANTIVE CHANGE TO AN ORDINANCE WHILE REFERENDUM WAS GOING ON. A CIVIL RIGHTS ORDINANCE MATTER. THERE WERE SUGGESTIONS THAT WHAT WE WERE DOING WAS ONLY TO GET A FOOT INTO THE DOOR TO PROVIDE EMPLOYMENT RIGHTS BY ORDINANCE TO GAY AND LESBIAN PEOPLE. WE SAID IT WAS NOT. THERE WAS AN ATTEMPT TO STOP THE ELECTION AND WE SAID NO, IT IS NOT. WE DON’T THINK YOU HAVE ENOUGH SIGNATURES. THEY WERE A HANDFUL SHORT AND EVEN IF, WE ARE NOT CHANGING ANYTHING. SO THE COUNCIL HAD LOTS OF DISCUSSIONS AND SAID, YOU THINK WE ARE GOING TO DO THIS IN THE FUTURE, LET’S DO IT NOW AND WE CHANGED THE ORDINANCE AND PASSED THE ORDINANCE WITH THAT VERY SUBSTANTIVE CHANGE AND THEN THE ACCUSATION WAS, YOU CANNOT DO THAT BECAUSE THERE WAS A REFERENDUM IN OUR POSITION WAS WE CAN DO THAT BECAUSE WE MADE A SUBSTANTIVE CHANGE TO WHAT WE HAD GOING ON. IN OUR SITUATION IT IS DIFFERENT BECAUSE WHEN YOU ARE TALKING ABOUT MINIMUM-WAGE ORDINANCES AND IF IT SHOULD BE A CERTAIN NUMBER, THAT’S NOT THE ISSUE. THE ISSUE IS WHETHER OR NOT THERE WILL BE A MUNICIPAL MINIMUM-WAGE. FOR US TO EVADE THE OPPORTUNITY FOR SOMEONE TO CONDUCT A REFERENDUM IN THAT FASHION, I THINK WOULD FAIL. AND BE WRONG.>>THANK YOU FOR YOUR RESPONSE AND I WANT TO SAY THANKS TO COUNCILMEMBER [INDISCERNIBLE] FOR ALLOWING ME TO SIT IN ON THE LEGAL COMMITTEE THE OTHER DAY. ALLOWING ME TO LISTEN AND TRYING TO UNDERSTAND THIS MATTER.>>MAYOR PRO TEM>>I WENT TO ECHO COUNCILMAN REED’S REMARKS. OF YOUR ABILITY TO GO THROUGH ALL OF THIS IN A MANAGEABLE WAY, HAVING BEEN THROUGH ALL THOSE MEETINGS. YOU DID A GREAT JOB. A QUESTION ON PROCEDURE. WE ARE ADDING SOMETHING THROUGH A COMMITTEE SUBSTITUTE TO THE ORIGINAL PETITION. WE ARE ADDING SOMETHING THAT THEY HAVEN’T NOT ASKED FOR. THAT’S MY QUESTION. SEEING THE WHEREAS AND INITIAL SECTION, ARE WE WITHIN OUR RIGHT TO DO SO? DO THEY HAVE RECOURSE IF THEY DON’T LIKE IT? CURIOUS TO KNOW THAT PART OF OUR PROCEDURE.>>OUR OBLIGATION IS TO PUT THE SUBSTANCE OF THE PETITION ON AND THAT’S THE ORDINANCE. THE PETITION DOESN’T DICTATE THE ORDINANCE, IT PUTS THE ORDINANCE ON. THE CHARTER PROVIDES THAT THE CITY WILL DO THE BALLOT LANGUAGE THAT WE DO THE SUMMARY OF THE THINGS. SO MAKING THESE CHANGES AND DOING THE DESCRIPTION AND EXPLANATION IS NOT CHANGING WHAT THE COMMITTEE OF PETITIONERS FOR THE INITIATIVE WANTED TO DO. TO CHALLENGE THAT, I KNOW THAT IS THE RULE OF LAW BECAUSE IT WAS CHALLENGED BY MR. CHASTAIN IN PRIOR CASES AND THE SUPREME COURT WAS VERY CLEAR ON WHAT WE COULD AND COULD NOT DO.>>COUNCILWOMAN HALL>>THANK YOU FOR YOUR WORK. I THINK YOU SPENT A LOT OF HOURS. MY QUESTION IS, WHAT HAS CHANGED IN YOUR ORIGINAL OPINION TO TODAY TO GET TO THIS NEW SET OF OPTIONS FOR THIS COMMITTEE SUBSTITUTE?>>IN YOUR ORIGINAL MEMO TO THE MAYOR, YOU SAID THIS IS ILLEGAL AND THIS IS WHY.>>IT’S BECAUSE THE ISSUE ISN’T THE ORDINANCE THAT THE MINIMUM WAGE. THE ISSUE IS WHETHER IT QUALIFIES FOR THE BALLOT. IS IT UNCONSTITUTIONAL ON ITS FACE? I DON’T THINK SO. IS IT ILLEGAL? I HAVE SAID YES IN MY OPINION. OTHERS HAVE SAID I AM WRONG. TWO LAWYERS, THREE OPINIONS. THAT’S HOW THAT WORKS. NOTHING HAS CHANGED WITH MY OPINION. IT’S THAT MY OPINION IS IRRELEVANT TO AN INITIATIVE ANALYSIS.>>COUNCILWOMAN HALL ARE YOU TALKING ABOUT THE ORIGINAL OPINION ABOUT WHETHER THERE WAS PREEMPTION OR NOT PREEMPTION OR ARE YOU TALKING ABOUT AN OPINION RELATED TO THE BALLOT ISSUE?>>TO THE BALLOT ISSUE>>THANK YOU.>>YOU HAVE A QUIZZICAL LOOK ON YOUR FACE. DID THAT ANSWER YOUR QUESTION?>>IT BOTHERS ME WHEN SOMEONE WHO IS OUR LEGAL AUTHORITY SAYS IS IT ILLEGAL? THAT MAKES ME NERVOUS. WE WANT TO MAKE SURE WE ARE DOING EVERYTHING WE CAN DO TO THE LETTER OF THE LAW BECAUSE THAT’S WHAT WE ARE SWORN TO DO IT BECAUSE WE WANT TO PROTECT THE CITIZENS MONEY AND $500,000 IS A LOT OF MONEY FOR US TO BE PLAYING WITH.>>I DON’T THINK HE IS SAYING, WELL MAYBE. THERE IS NO AMBIGUITY IN WHAT HE IS SAYING. THE ONLY THING HE IS SAYING IS WE ARE CAUGHT BETWEEN A ROCK AND A HARD PLACE IN TERMS OF TIMING. WE WILL NOT KNOW WHETHER OR NOT THE VETO IS OVERWRITTEN IN TIME TO GET A COURT ORDER ON 22 SEPTEMBER. THE ONLY WAY FOR US TO AVOID HAVING TO SPEND THAT MONEY UNDER THE CURRENT SET OF LAW IS TO GET A COURT ORDER ON 22 SEPTEMBER. WHAT HE IS TRYING TO DO IS TO FIND A WAY OUT FOR US TO AVOID BEING STUCK WITH HAVING TO PAY FOR AN ELECTION WE KNOW IS NOT GOOD. HE’S 100% RIGHT LEGALLY WHAT IT IS TRYING TO DO IS FASHION AN ARGUMENT THAT WE CAN SELL LATER THAT THIS IS LEGAL AND LAWYERS DO THAT ALL THE TIME. THAT’S WHAT WE DO.>>THANK YOU.>>COUNCILMAN LUCAS>>THANK YOU. A FEW ELEMENTARY QUESTIONS. IT’S FUNNY YOU SAY TWO LAWYERS AND THREE OPINIONS. WE HAVE NINE SO MAYBE WE WILL GET 30 OPINIONS. THE FIRST IS, WALK ME THROUGH A LAWSUIT IF THE DOOMSDAY SCENARIO WHICH IS WE HAVE THE ELECTION, IT PASSES, WE HAVE A HIGHER MINIMUM WAGE BUT THE STATE OF MISSOURI VETO IS OVERWRITTEN. WHO WOULD FILE THE LEGAL ACTION? WHO’S THE POTENTIAL DEFENDANT?>>DO YOU MEAN IF THE INITIATIVE PASSES?>>YES.>>IF THE INITIATIVE PASSES, AND THE VETO IS OVERWRITTEN, WE STILL HAVE AN ELECTION BECAUSE WE ARE NOT ALLOWED TO WITHDRAW IT OFF. MY DEVICE TO YOU WILL BE, THIS IS ILLEGAL AND YOU NEED TO REPEAL IT. YOU THEN HAVE THE POLITICAL ISSUE OF SAYING, I’M NEW TO THIS COUNCIL AND YOU ARE TELLING ME THAT ALTHOUGH 62% OF PEOPLE VOTING IN THE ELECTION SAID WE SHOULD HAVE MINIMUM-WAGE AND YOU ARE TAKING THAT AWAY FROM ME. WE HAVE THE RIGHT TO DO THAT. THE CHARTER PROVIDES THAT. THE CHARTER PROVISION HAS BEEN UPHELD. IT IS VALID. IT’S ANOTHER CHASTAIN CASE BY THE WAY. THAT THAT CAN BE DONE. WITH NINE OF YOU, YOU COULD DO THAT. ASSUME THAT POLITICS HAPPENS TO SAY WE ARE NOT GOING TO DO IT. WE ARE GOING AND THE PEOPLE WHO WANT TO NOT PAY THIS NEED TO BE THE ONES TO DO IT. THEY FILE A LAWSUIT AGAINST US, WE WILL LOSE. THE LAWSUIT BECAUSE OF THE 722. IT IS A VERY QUICK LAWSUIT BECAUSE IT IS AN ISSUE OF LAW, THE JUSTIFICATION FOR WHAT WE ARE DOING. IT’S AN EXPENSIVE LAWSUIT BECAUSE WE WILL END UP PAYING FOR LITIGATION, I THINK IT’S AN EXPENSIVE LAWSUIT. PERSONALLY. NOT ME PERSONALLY BUT YOU ALL, PERSONALLY. BECAUSE IT ESTABLISHES THAT THE GENERAL ASSEMBLY CAN DO SOMETHING WE WILL NOT RESPOND TO THAT WAY. YOUR RELATIONSHIP WITH THE GENERAL ASSEMBLY MAY BE MORE STRAINED THAN IT NEEDS TO BE. UNDER THOSE CIRCUMSTANCES. IF THE REFERENDUM IS SUCCESSFUL AND 722 IS PAST, WE HAVE TWO OPTIONS. PUT IT ON A BALLOT OR REPEAL IT. MY ADVICE IS, REPEAL IT BECAUSE IT IS NOT VALID AND YOU DON’T WANT TO SPEND ANOTHER HALF $1 MILLION TO DO SOMETHING. THAT IS NOT MONEY WE SPEND IF WE ARE ALREADY HAVING AN ELECTION. BUT THE NEXT ELECTION DAY WILL BE IN APRIL WHERE WE ARE ASKING PEOPLE IF THEY WANT TO CONTINUE THE EARNINGS TAX. IF YOU WANT TO DOUBLE OR TRIPLE DOWN ON THAT ELECTION IT WOULD NOT COST ANY MORE. AGAIN, THE TIMING FOR THIS IS BEAUTIFUL. ONE OF THE POINTS I ASK EVERYONE IS, [INDISCERNIBLE].>>WHILE I HEAR THAT AND I UNDERSTAND IT AS A POLITICAL MANNER, MY CONCERN IS THE PETITIONERS MAY NOT HAVE THAT SAME CONCERN. NOT JUST IN A GENERAL SENSE BUT WHAT ABOUT THE RELEVANCE OF THE $500,000 CONCERN AND ELECTION TIMING AS A LEGAL MATTER FOR PEOPLE WHO COLLECTED PETITIONS AND WANTED TO BE ON THE BALLOT.>>IT IS NOT THEIR CONCERN. IT WOULD NOT BE MY CONCERN IF I REPRESENTED THE PETITIONERS.>>SURE. YOU MENTIONED BEFORE, WE CAN’T PUT SOMETHING UNCONSTITUTIONAL ON THE BALLOT EVEN IF PETITIONERS SAY THEY WANT NO MORE AFRICAN-AMERICANS IN POLITICAL OFFICE, THE CITY DOES NOT NEED TO PUT THAT ON A BALLOT. SO, AND WE HAVE AUTHORITY TO THAT EFFECT?>>YES. WE HAVE AUTHORITY THAT SAYS OUR ACTION NOT DOING THAT, WE CAN GET TO THE MERITS OF THE ISSUE PRE-ELECTION.>>IS THAT MERIT DETERMINATION MADE BY YOU OR US?>>BY A COURT. THE DECISION IS YOU GUYS, THE INITIATIVE COMES IN AND YOU HAVE 60 DAYS TO ACT. THERE IS A DEMAND YOU HAVE 10 DAYS TO ACT. WHEN WE DON’T ACT, IT’S BECAUSE WE BELIEVE THERE IS A LEGAL PROBLEM AND WE TELL THE PETITIONERS AND THEY GO TO COURT AND THEY GET COURT ORDER SAYING YOU MUST HAVE AN ELECTION.>>THE ONLY REASON FOR THE DIFFERENCE HERE IS BECAUSE OF THE TIMING.>>YES.>>SO IF WE ARE ABLE TO PASS THIS, THE PETITIONERS LEGAL ACTION WOULD BE AGAINST ELECTION AUTHORITIES AS OPPOSED TO US? IF WE SAY OUR CLAUSE EXISTS THAT THE ORDINANCE SHOULD BE WITHDRAWN AND THE ELECTION BOARD HAS IT ON THE BALLOT OR LET’S SAY THEY TAKE IT OFF THE BALLOT, THEN ANGRY PETITIONERS [INDISCERNIBLE]>>THEY WILL BE DEFENDANTS BUT WE WILL PROBABLY BE THE FIRST ONE LISTED.>>THANK YOU.>>BEFORE GOOD COUNCILMAN, I APPRECIATE YOUR STATEMENT ABOUT THE CHOICE WE MAY HAVE TO MAKE BASED ON WHATEVER ISSUES THAT I ARGUE THE POLITICS DOES NOT TRUMP OUR RESPONSIBILITY. REGARDLESS. I HAVE FAITH IN THIS COUNCIL TO KNOW THEY KNOW THAT.>>COUNCILWOMAN HALL>>ONE LAST QUICK CLARIFICATION, MY UNDERSTANDING IS THAT HOUSE BILL 722 WILL NOT OVERRIDE THE CURRENT STATE STATUTE, CORRECTLY>>HOUSE BILL 722 WOULD REPEAT WHAT EXISTS IN A CURRENT STATE STATUTE.>>BUT IT WON’T TAKE OVER THAT SAYS CURRENTLY, MUNICIPALITIES CANNOT SET MINIMUM WAGE.>>WHAT IT DOES IS IT PROTECTS THE STATE LEGISLATORS WHO WANT TO HAVE THIS ISSUE FROM HAVING THEIR PRIOR ACTION CHALLENGED. PRIOR ACTION, THE ONE TRIAL COURT THAT HAS LOOKED AT IT, WAS VERY CLEAR THAT WHEN YOU TRACK WHAT WAS HAPPENING. THEY WILL THROW THIS ON TO A BILL THAT WILL PASS AND HAVE NOTHING TO DO WITH THE IDS WHICH IS WHERE THE CURRENT PREEMPTION IS FOUND. THAT IS UNCONSTITUTIONAL. BY PASSING THE NEW STATUTE, WHETHER OR NOT THE OLD ONE IS VALID IS IRRELEVANT. THAT’S WHY THE OVERRIDE OF 722 BECOMES A CRITICAL DECISION POINT FOR WHAT WE HAVE TO DO AND THE TIMEFRAME WE HAVE TO DO IT IN.>>SO THE FACT THAT GOVERNOR’S AND HAS VETOED THIS, I KEEP GOING BACK TO THE WHOLE, THIS IS NOT OUR PROBLEM ISSUE. WE ARE MAKING THIS A CITY COUNCIL ISSUE AND IT IS STILL IN THE STATES HANDS?>>IT IS THEIR DECISION TO MAKE AT THIS POINT WITH CURRENT LAW?>>NOW, BECAUSE WE HAVE A REFERENDUM GOING ON, THE CITY COUNCIL ISSUE THE INITIATIVE PEOPLE HAVE GIVEN US IS NOT WHETHER OR NOT THERE SHOULD BE A $15 PER HOUR MINIMUM WAGE. THE ISSUE IS WHETHER OR NOT WE ARE REQUIRED UNDER THE CITY CHARTER TO PUT THE ISSUE TO THE VOTERS. IT’S A FINE NUANCE BUT ONE THAT IS IMPORTANT. IT FOCUSES THE DISCUSSION ON WHAT THE REAL ISSUE WOULD BE IN THE REAL ISSUE FOR US, IF WE DON’T DO THIS, IF WE DON’T THINK THIS IS ADMINISTEREAL, AND THIS IS NOT THE RIGHT TIME, WE THINK IT’S UNCONSTITUTIONAL BECAUSE OF THE STATUTE. SO WE WILL NOT PUT IT ON THE BALLOT, IF WE GO TO COURT AND SAY WE ARE NOT PUTTING IT ON BECAUSE HERE’S MY EVIDENCE TO SHOW PREEMPTION. THE JUDGE WILL SAY THAT’S IRRELEVANT. THAT IS NOT THE ISSUE. THE ISSUE IS WHETHER OR NOT YOU HAVE AN OBLIGATION UNDER THE CHARTER TO PUT THIS TO THE PEOPLE. OUR CHARTER SAYS YOU CAN DO IT. THE IDEA THAT WE HAVE WASTE BECAUSE NOBODY WOULD GET WHAT THEY WANT OUT OF ANY OF THIS, WE WOULD WASTE $500,000 IS A FUNCTION OF THE CHARTER AND HAVING DIRECT DEMOCRACY IS EXPENSIVE. IF WE DON’T WANT THAT SYSTEM, CHANGE IT. BUT WHEN PEOPLE PASS THE CHARTER WANTED IT. SO WE HAVE IT. IT’S NOT THE JUDGES FAULT WE HAVE TO SPEND $500,000 ON SOMETHING WE THINK IT’S ILLEGAL. IT IS HARSH>>I GUESS I KEEP GOING BACK TO THE 722 IS NOT THE LAW. SO I DON’T KNOW WHY?>>BUT 722 IS NOT THE ISSUE. PEOPLE COLLECTED ENOUGH SIGNATURES TO PUT IT ON THE BALLOT REGARDLESS OF 722. AND STATE LAW DOES NOT TRUMP THAT. 722 LEFT A WINDOW THAT SAID IF THERE IS AN ORDINANCE IN EFFECT BY AUGUST 28, IT WILL STAND. THE STATE LEGISLATURE SAID, WE PREEMPTED IT AND THEN THEY SAID, TO MAKE SURE, WE WILL TELL YOU IT IS PREEMPTED AGAIN BUT ANYTHING YOU DO UP TO AUGUST 28 IS OKAY. UNDER THAT SCENARIO, WE HAD TO DO SOMETHING IN ORDER TO SEE IF WE COULD FIT IN THE WINDOW. THE REFERENDUM BLOCKS US FROM PUTTING IT INTO EFFECT BUT THE ISSUE WE WERE DEALING WITH WITH RAISING THE MINIMUM WAGE AS A DIRECT RESULT OF THE STATE LEGISLATURES PASSAGE OF 722. THEY SAID, IF YOU HAVE SOMETHING THAT IS IN EFFECT BY AUGUST 28 REGARDING MINIMUM WAGE, IT IS NOT PREEMPTED. THEN IT’S LIKE, YOU ALMOST HAVE TO. SIMULTANEOUSLY, THE INITIATIVE PETITIONERS ARE GATHERING SIGNATURES TO PUT THIS ON THE BALLOT SO ON ONE HAND WE ARE STUCK WITH STATE LEGISLATION THAT SAYS YOU CAN DO IT WHICH WE DID AND WE FOLLOWED THEIR LEAD EVEN THOUGH THEY SAY THAT’S NOT WHAT THEY MEANT BUT THAT’S EXACTLY WHAT THEY SAID AND THEN WE HAD A GROUP OF PEOPLE WHO COLLECTED ENOUGH SIGNATURES TO PUT IT ON THE BALLOT PURSUANT TO OUR CHARTER AND WE ARE DEALING WITH THE CHARTER ISSUE NOW. WE WILL DEAL WITH THE ORDINANCE LATER.>>COUNCILWOMAN JUSTUS>>I HAVE A QUESTION DIRECTLY RELATED TO THE CITIES LIABILITY AND WHAT IT WOULD BE IF WE TAKE ONE ROAD OR ANOTHER. I’M STRUGGLING IF THAT IS A QUESTION ASKED AND OPEN OR CLOSED SESSION?>>I SUGGEST THAT THE QUESTION FOR CLOSE SESSION.>>THERE IS ANOTHER OPTION WE MIGHT EXPLORE FROM A FACTUAL PROCEDURAL BASIS. IS THERE A WAY FOR US NOTWITHSTANDING THE FACT THAT WE DON’T HAVE A DECISION FROM THE STATE LEGISLATURE ON WHETHER OR NOT TO OVERRIDE, IS THERE A WAY FOR US TO GET INTO COURT IN A PREEMPTIVE WAY IN SUCH A WAY THAT IF THEY OVERRIDE, WE CAN ASK THE COURT TO RULE BETWEEN THE TIME OF THE OVERRIDE AND THE 22ND CASE?>>IF THERE WAS NO OBJECTION BY ANYONE WHO TRIED TO INTERVENE, THE ISSUE DOES NOT HAVE TO COME UP. IF THERE WOULD BE AN OBJECTION WOULD BE FACED WITH A NOTION THAT THERE WAS A CONTROVERSY INVOLVED.>>THANK YOU.>>COUNCILMAN LUCAS>>THAT’S A SHAME SO THERE’S NO DECLARATORY ACTION, I WAS WONDERING THE SAME THING. TO TRY TO GET TO THE SPIRIT OF COUNCILWOMAN HALL’S POINT, THERE IS THIS IDEA WHICH IS ON AUGUST 28, THE CITY NEEDS TO DO SOMETHING. CAN WE JUST SAY, LOOKING AT THE LEGAL REALITIES OF THAT DATE WE WILL HAVE A VETO OF THE GOVERNOR, PERHAPS SUFFICIENT SIGNATURES ON THE PETITION AND THEN WE JUST HAVE TO ACT. I KNOW WE HAVE GONE THROUGH IT BUT IF THAT WAS THE CASE WE JUST NEED TO PUT SOMETHING ON THE BALLOT FOR NOVEMBER.>>THAT’S RIGHT. YOU WOULD NOT NEED THE SECTION I PROPOSED IF WE JUST SAY PUT IT ON THE BALLOT. MY ISSUE WAS, $500,000 IS A LOT OF MONEY. AND HOW WOULD I BE ABLE TO KEEP [INDISCERNIBLE] SOMETHING THAT DOES NOT NEED TO BE SPENT.>>OR THAT WON’T BENEFIT ANYONE AFTER IT IS SPENT?>>I DON’T HAVE A QUESTION BILL EXCEPT TO SAY THANK YOU. THE ETHICS AND LEGAL REVIEW COMMITTEE, WE SPENT SUBSTANTIAL TIME ON THIS THE OTHER DAY, GOING THROUGH THIS. AND HAVING EXTENSIVE DISCUSSION. AND THEN BILL SPENT ANOTHER HOUR OR SO IN YOUR OFFICE WITH FURTHER EXPLAIN. AFTER A WHILE I GOT IT. THIS IS EXTREMELY COMPLICATED AND IT IS AN ISSUE OF TIMING, AN ISSUE OF WHAT HAPPENS IF WHEN WE DON’T KNOW WHAT HAPPENS IF IS. I PERSONALLY WANT TO THANK YOU FOR YOUR ANALYSIS AND YOUR PATIENCE IN DEALING WITH THIS. BECAUSE THE BOTTOM LINE OF WHAT WE ARE TRYING TO DO IS AVOID SPENDING MONEY THAT WE MAY NOT NEED TO SPEND. SO THANK YOU.>>ANYBODY ELSE?>>BEFORE WE GET TO A MOTION, I HAVE A CARD FROM ROBERT BONNIE WHO WANTS TO TESTIFY REGARDING A MATTER. I ALSO UNDERSTAND AND I’M ASSUMING THAT MR. BONNIE IS THE PRODUCER OF THIS DOCUMENT THAT IS LOADED UP AND YOU ARE FREE TO TESTIFY HOWEVER, WE ARE NOT HERE TO DISCUSS THE UPS AND DOWNS OF THE MINIMUM WAGE. WE ARE HERE TO TALK ABOUT THE BALLOT INITIATIVE AND WHETHER OR NOT IT GOES UNDER BALLOT. IF YOU WANT TO TESTIFY REGARDING THAT ISSUE, YOU ARE WELCOME TO DO SO.>>I WASN’T SURE HOW THE PROCEEDINGS WOULD GO TODAY. THAT WAS A CARRY-ON OF THE BOY SCOUT MOTTO TO BE PREPARED. THE MERITS OF A MINIMUM-WAGE, THEY ARE ADDRESSED. I WAS PREPARED TO TALK TO THEM. I KNOW THE COUNCIL HAS ENTERTAINED TESTIMONY IN THE WEEKS PREVIOUS TO THIS. I THINK IT SHOWS THE EFFECT OF A MANDATE BUT THAT’S NOT THE TOPIC BEFORE THE COUNCIL TODAY.>>THANK YOU, SIR.>>ARE THERE ANY OTHERS IN THE AUDIENCE WHO WANT TO ADDRESS THE ISSUE OF WHETHER OR NOT THE INITIATIVE PETITION THAT IS JUSTIFIED BY A VALIDATED NUMBER OF SIGNATURES GOES ON THE BALLOT AND UNDER WHAT CIRCUMSTANCES IN NOVEMBER OR SOME SUBSEQUENT DATE?>>COUNCILMAN LUCAS>>I DON’T KNOW THIS IS APPROPRIATE OR NOT BUT MR. BONNIE DID SPEAK MY QUESTION IS DO YOU HAVE AN OPINION ON THE ORDINANCE PRESENTED TODAY?>>NO.>>ANYTHING ELSE? COUNCILWOMANJUSTUS>>I MOVE WE GO INTO CLOSED SESSION.>>SECONDED>>[READING CODE]>>IS THERE ANY DISCUSSION? CALL THE ROLL.>>UNANIMOUS>>WE ARE IN CLOSED SESSION.>>

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