When his proposal for an $11 million townhome project near downtown Shawnee was voted down last year in the face of a neighborhood protest petition, developer Kevin Tubbesing picked up a pencil and started anew – this time with a plan for 14 single-family homes that is more in line with what the neighbors said they wanted.
But there’s still a problem, he told city councilmembers Monday night.
What’s up? Digging a connection to the sanitary sewer system for the lower-density project near downtown Shawnee will cost exactly as much as it would have for the 26-unit townhomes. Only now, with fewer units, there will be less opportunity to offset the infrastructure cost.
Driving the news: Tubbesing on Monday asked for and got a rebate on the $27,000 in excise tax he paid to address the sewer issue, but the question of giving back tax money already collected on a tax the city only recently started collecting again made some councilmembers uncomfortable.
- Ultimately, the council was evenly split until Mayor Michelle Distler broke the tie with a “yes” vote.

How they voted: Others voting in favor were councilmembers Eric Jenkins, Mike Kemmling, Kurt Knappen and Jill Chalfie.
- Voting against the refund were councilmembers Tony Gillette, Tammy Thomas, Angela Stiens and Jacklynn Walters.
What was said: Knappen said the vote summed up the reason he was against reinstating the excise tax in 2021 after an eight-year moratorium.
- “I wish we wouldn’t have brought this back,” he said.
Zooming out: Excise tax is paid by developers when their property is platted in preparation for development.
- Shawnee excise tax revenue goes into the general fund, per state law.
- Typically, the tax is meant to be an incentive to developers to help with infrastructure costs.
Background: In the past, Shawnee offered developers a chance to avoid the excise tax through abatement.
- From 2012-2021, forty projects were granted abatements totaling in the millions of dollars, said City Manager Nolan Sunderland and any developer could qualify.
- Last year the city ended the abatement program in favor of rebates that would be reviewed on a case-by-case basis.
- “What I don’t like is now we’re in the position of picking winners and losers,” Knappen said.

More discussion: As someone who didn’t like the idea of reinstating the excise tax, Knappen said the discussion of a rebate of revenue the city has already collected puts him in a bind.
- He voted against returning to the excise tax because, “I liked the idea of being pro-business. Tonight I’m a little caught. On one hand I don’t like the idea of giving away taxpayer money to developers. We never used to collect it and now the question is should we give it back.”
- The developer Tubbesing noted he has been a specialist in unique infill projects on sometimes difficult locations.
- The original Stag’s Garden townhome proposal in the 5500 block of Nieman Road just north of downtown that was previously shot down would have put seven two-story attached townhome buildings on three acres. But it was opposed by neighbors, who presented a valid protest petition. It failed to get the supermajority needed to overcome the petition.
More on Stag’s Garden Shawnee revised plan
The newly reworked project is considerably smaller at $5 million.
- It includes one existing house and 13 new single-family homes on a single road with a cul-de-sac.
- The price range for the single-family homes once built is expected to be $300,000 to $500,000, he said.
Roxie Hammill is a freelance journalist who reports frequently for the Post and other Kansas City area publications. You can reach her at roxieham@gmail.com.