City Council Roundup March 4, 2024

The Excelsior Springs City Council convened for a meeting on Monday, March 4, 2024, addressing topics vital to the community’s development and well-being. With a focused agenda, council members deliberated on various applications, proposed ordinances, and collaborative agreements to enhance the city’s infrastructure, environmental sustainability, and overall quality of life, from zoning amendments to approving special use permits and public element acceptance for a new subdivision.

Public Hearing & Consideration of 526 Isley Blvd. Amended Redevelopment Agreement

The Council approved an application for Chapter 353 Tax Abatement by Kevin and Sonya Morgan for their property at 526 Isley Blvd., situated within the Historic District: Boarding House District. Neighborhood Specialist Laura Mize delivered a staff report reviewing the application. The Morgans sought tax abatement for various improvements, including siding and porch repair, exterior paint application, and gutter replacement. According to the staff’s analysis, the project aligns with the criteria in the Residential Guidelines for tax abatements. 

Consideration of Zoning Text Amendment to City Code 400.240

A zoning text amendment was approved to regulate the city’s short-term rentals (STRs). City Planner Shantele Frie presented this amendment. 

The amendment was developed from several months of study sessions and formal meetings conducted by the Planning and Zoning Commission to address the city’s approach to short-term rentals. Initially, in October 2023, a proposal for a zoning text amendment (ZTA) was brought before the Commission, which led to requests for further discussion due to concerns about the specifics of the amendment.

A revised version of the ZTA was subsequently presented in December 2023, during which the Commission recommended its approval. That recommendation did not include adopting a density or separation standard for STRs outside the downtown tourist area, a point of contention for those seeking to manage the expansion of such rentals in residential areas.

However, upon reviewing the Planning and Zoning Commission’s recommendation in January 2024, the City Council opted to amend the proposed ordinance. The Council advocated reconsidering a density or separation standard for STRs outside the downtown tourist area. This led to creating a new provision in the ordinance, establishing a separation standard of 1,000 feet between STRs outside the designated tourist area.

Consideration of Special Use Permit Renewal for 608 Benton Ave.

The council approved a renewal application for a Special Use Permit, allowing the continued operation of a short-term rental (STR) at 608 Benton Avenue. This property, which functions as a single-family residence, was initially granted a Special Use Permit in 2022 for a two-year period, sanctioning its use as an STR.

The city’s Zoning Regulations acknowledge the existence of special land uses that, due to their distinctive characteristics, require individualized scrutiny to ascertain their compatibility within specific zoning districts. These unique cases necessitate a Special Use Permit, ensuring that the potential impact on neighboring properties is thoroughly evaluated and mitigated.

Over the course of the two-year period, since the Special Use Permit was first issued for 608 Benton Avenue, there have been no documented complaints or negative repercussions on the surrounding neighborhood attributable to the operation of the STR, according to city staff reports. This conclusion is supported by a verification process undertaken with the Excelsior Springs Police Department, which confirmed the absence of any service calls related to the property that would suggest an adverse effect on the local community.

Consideration of Special Use Permit Renewal for 1012 Sunset Strip

The Council also approved a similar application for the renewal of a Special Use Permit for the operation of a short-term rental (STR) at 1012 Sunset Strip. This property, which is utilized as a short-term rental and functions as a single-family residence, was initially granted a Special Use Permit by the City Council in 2022, valid for a period of two years, to facilitate its operation as an STR.

Consideration of Rezoning 517 S. Kansas City Ave.

Council approved a rezoning application submitted by Chuck Duckworth for the property located at 517 S. Kansas City Avenue, currently serving as a parking lot for the Mill Inn Restaurant. This approval changes the zoning classification from District “C-2A” – Special Business District to District “C-3” – Service Business District.

This parcel, is approximately 0.12 acres in size and positioned directly south of 415 St. Louis Avenue, has historically been used by the Mill Inn Restaurant primarily for parking. Following a change in ownership, the new owner has proposed the rezoning to better reflect and facilitate the property’s current and future use. Specifically, the shift to a “C-3” – Service Business District zoning will enable the merging of this parcel with an adjacent one, creating a larger unified property. The change aligns with the new owner’s management strategy and the property’s practical use.

Consideration of Environmental Consultant for the State EIERA Grant

Council approved the selection of an Environmental Consultant for the State EIERA Grant, a proposal presented by Melinda Mehaffy, the city’s Economic Development Director, to remove asbestos at the old Wyman School. Mehaffy elaborated that after a thorough review and evaluation of the qualifications submitted for the consultancy role, the selection committee identified Terracon as the most fitting candidate for this assignment.

Mehaffy said several key factors influenced the decision to recommend Terracon. Terracon has shown significant experience overseeing abatement projects related to Lead-Based Paint (LBP) and Asbestos-Containing Materials (ACM), which is particularly relevant under the stipulations of the EIERA grant from the State of Missouri. Their history of handling hazardous materials aligns with the grant program’s requirements.

Additionally, the educational background and professional experience of the individuals on Terracon’s project team match the qualifications the State EIERA program sought. This expertise is vital for navigating the intricacies of environmental consulting and achieving the grant’s objectives.

Finally, Terracon’s prior work with Wyman School at 108 Dunbar Ave also played a crucial role in their selection. Their established familiarity with the site and successful management of environmental issues there underscores their ability to tackle similar challenges within the city’s projects.

Consideration of MOU with the Excelsior Springs School District

The Council approved a Memorandum of Understanding (MOU) with the Excelsior Springs School District, as presented by Fire Chief Joe Maddick. This agreement facilitates the use of the FEMA Safe Room located at Cornerstone Elementary School, meant to enhance community safety during severe weather events.

Under this MOU, the Excelsior Springs Fire Department is authorized to open the safe room to the public outside of school hours, providing a secure shelter during inclement weather. Conversely, during regular school operations, the responsibility of managing the safe room’s accessibility will fall to the District’s Director of Safety and Security.

Additionally, the agreement includes provisions to protect the city from any potential liabilities or damages that might arise from the use of the safe room. It also stipulates that representatives from the city and the school district will collaboratively develop a Standard Operation Procedure (SOP) for the effective and safe management of the safe room.

Consideration of Public Element Acceptance for Marocco Estates Subdivision

During the council meeting, Chad Birdsong, the Director of Public Works, detailed the final inspection process and outcomes for the Marocco Estates Subdivision’s public element. Birdsong reported that this comprehensive inspection, conducted in alignment with the City of Excelsior Springs’ subdivision regulations, verified the subdivision’s compliance with development standards encompassing street access, fire protection, water, and sanitary sewer services, storm drainage systems, and street lighting.

He noted a particular observation regarding the subdivision’s stormwater management. The public and private storm sewer systems have been installed, but the private detention basin’s underdrain system remains pending, a consequence of its current use as a sedimentation basin. This component is slated for future inspection and approval and is planned for the upcoming spring, weather permitting. In anticipation of completing this requirement, Marocco Estates LLC has secured a financial guarantee from their bank, amounting to $6,750.00, for this specific work.

Furthermore, Birdsong highlighted the submission and filing of “as built” plans by the developer’s engineer, which serve as official documentation of the subdivision’s development and are securely held at Public Works. Additionally, the developer has provided a substantial maintenance bond totaling $483,887.00. This bond is designated for the upkeep of the public element for one year following its final acceptance, ensuring the integrity and maintenance of these newly established infrastructure elements.

Upon reviewing these comprehensive measures and assurances provided by Marocco Estates LLC, the Council approved the Public Element Acceptance agreement.