City Council Recap: No Nuisance is Good Nuisance

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Excelsior Springs, June 20, 2023 – The Excelsior Springs City Council convened in a recent meeting to deliberate on several important issues concerning the city’s development and governance. The meeting, which was rescheduled in observance of the Juneteenth Federal Holiday, saw important discussions surrounding the city’s infrastructure development and public welfare in the community. With only a few agenda items requiring a vote, the meeting was quite short, clocking in at under 20 minutes.

2023 Streetscape Chip Seal Project with Vance Brothers and Streetscape Ultrathin Bonded Asphalt Surface (UBAS) Project with McAnany Construction

Excelsior Springs’ Director of Public Works, Chad Birdsong, presented a proposal for the approval of an agreement with Vance Brothers for the 2023 Streetscape Chip Seal Project. The project, which involves improving the city’s streetscape, comprises a chip seal and a UBAS overlay.

Bids for both projects were due on June 12 at 2:00 p.m. Vance Brothers submitted the sole bid for the chip seal project, amounting to $648,803.10. This bid encompasses base repair, crack seal, and chip seal work for St Louis Ave and South Marietta, extending to the city limits. The Engineer’s estimate for the project was $519,196.70. Lamp Rynearson, an engineering firm, verified and recommended Vance Brothers’ bid, emphasizing their past successful collaboration on overlay projects.

The project budget was allocated $800,000.00 from the Transportation Trust on March 13th, 2023. Additionally, a contract with Lamp Rynearson for Design and Contract Administration, valued at $48,200.00, had already been approved, leaving $751,800.00 available for the construction phase. Chad Birdsong recommended awarding the chip seal project to Vance Brothers for $648,803.10. However, considering the additional UBAS contract with McAnany, this would exceed the budget. To address this, a change order is planned to be issued to Vance Brothers, amounting to $103,886.00 upon contract award. This change order would remove some base work from this year’s streetscape, ensuring the project remains within budget constraints. The resolutions were presented and approved unanimously by the Council.

The resolution was approved unanimously.

Property/Liability & Worker’s Compensation Insurance

City Manager Molly McGovern presented a proposal regarding the consideration of Property/Liability & Worker’s Compensation Insurance. The city’s current insurance coverage is set to expire on July 1st, and Travelers, the insurance provider, recently submitted a renewal proposal.

The proposal outlined significant increases in both Worker’s Compensation and Property insurance. The Worker’s Compensation premiums have risen due to a 19% increase in payroll and the occurrence of high-value claims, notably an ongoing officer-involved shooting claim amounting to approximately $347,000 and another large, unspecified loss of around $85,000. As for Property insurance, Travelers adjusted insured values to account for soaring reconstruction costs in recent years. Additionally, reinsurance costs have doubled, leading to increased Property rates. The wind/hail deductible has been raised by 1% with a $100,000 minimum, up from the previous $50,000.

McGovern noted that the city’s insurance broker was surprised by the mandatory Property valuation increase without prior notice or discussion. Although discussions were held in March to address potential changes, pricing details became available only recently. McGovern also pointed out that although the insurance proposal was higher it was still lower than it had been prior to switching to Travelers. “The 2022-23 premiums amounted to $741,872, and Travelers’ proposal for the following year was $439,131, resulting in savings of over $300,000. The proposed premiums for 2023-24 are $559,182, still significantly lower than the previous year’s premiums and below all other proposals received during the previous year’s evaluation,” she stated in a letter to the Council. 

The resolution was approved unanimously.

Amendment to Chapter 235, Nuisances, of Title II, Public Health, Safety, and Welfare, by Adding Article IV, Nuisance Properties

Police Chief Gregory Dull presented a proposal for the consideration of amending Chapter 235, Nuisances, of Title II, Public Health, Safety, and Welfare, by adding Article IV, Nuisance Properties – Ordinance No. 23-06-03. The purpose of this proposed ordinance is to provide the City of Excelsior Springs with a legal framework to address properties or locations that are deemed chronic nuisances due to illegal activities taking place.

The proposed ordinance establishes that it is unlawful for any owner or occupant of a property to permit or allow a chronic nuisance to exist. It defines a chronic nuisance property as any property, structure, or portion thereof where specific activities or behaviors occur, such as the illegal use or possession of drugs, firearms, or weapons, prostitution, public alcohol consumption, offenses against public order, assaults, or any activity that constitutes a felony or misdemeanor under federal or state law.

The ordinance also outlines administrative procedures for identifying chronic nuisance properties. If the city police department or other law enforcement agencies respond to a property multiple times within a 12-month period for the listed activities, the Chief of Police may declare it a chronic nuisance. Written notice is then provided to the property owner, and if the nuisance activities are not abated or the property owner does not make reasonable efforts to do so, a hearing is conducted by the City Manager or their designee to determine if the property is a chronic nuisance. If the property is deemed a chronic nuisance, the abatement hearing officer may order actions necessary to abate the nuisance, including closure of the property for up to one year.

The ordinance specifies enforcement measures, such as submitting a plan of action to prevent future nuisances after closure and the assessment of costs to the owner for enforcement actions. It also addresses violations and penalties, making it unlawful to cause, permit, or allow a chronic nuisance, occupy a closed property, interfere with closure procedures, or remove posted orders. The ordinance further prohibits landlord retaliation against tenants who report nuisances and defines the penalties for violating the ordinance.

This proposed amendment aims to equip the City of Excelsior Springs with the legal means to address chronic nuisance properties and maintain public safety and welfare within the community. 

The ordinance was approved unanimously.

View the full agenda PDF below or visit the City of Excelsior Springs Website for agendas and other meeting information.

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