Council Scrambles to Pass Chicken Ordinance in Egg-celsior Springs

Watch a full replay of the July 15, 2024, Excelsior Springs City Council meeting on the Excelsior Citizen YouTube Channel.

Excelsior Springs, MO–At their July 15, 2024 meeting, the Excelsior Springs City Council approved tax abatements for improvements at 414 S Thompson Avenue and 415 St. Louis Avenue. It authorized the purchase of two 2023 Dodge Charger police vehicles. The council also passed a backyard chicken ordinance with strict guidelines following public demand. Additionally, they adjusted the video service provider franchise fee, approved the Fiscal Year 2023 budget amendments, and reviewed the June 2024 financials.

Redevelopment Agreement for 414 S. Thompson Avenue

Council approved an application by Mark and Brenda Kilgore for a Chapter 353 Tax Abatement related to improvements on their property at 414 S Thompson Avenue. Neighborhood Specialist Laura Mize presented the report, noting that the building, currently used as retail space, had suffered interior damage from multiple roof leaks.

Mize detailed the Kilgores’ proposed repairs, which included roof restoration, interior damage remediation, and installation of sump pumps in the basement to prevent future water damage. Additionally, the applicants planned to replace cement-blocked window openings with new windows and install new signage.

The Excelsior Springs Redevelopment Corporation reviewed the application on June 13, 2024, and confirmed that it met the guidelines for commercial properties. According to Mize, the project qualified for Level A-2 “Minimum” under the Commercial Guidelines for 353 Projects, which provides for either an abatement of the cost of improvements or 100% abatement for ten years, whichever is reached first. The projected expenditures for the improvements totaled $151,199.77.

Redevelopment Agreement for 415 St. Louis Avenue

Council approved a second application for a Chapter 353 Tax Abatement, presented by Laura Mize on behalf of TD SYLLA LLC, owned by Chuck and Sonja Duckworth. The application pertained to improvements at 415 St. Louis Avenue, located in the Elms District.

Mize outlined the Duckworths’ plans to renovate the building at the corner of South Kansas City Avenue and St. Louis Avenue, historically known as The Mill Inn Restaurant, to house a new establishment, The Springs Restaurant. The Historic Preservation Commission had approved all elements of the proposed improvements, including roof replacement, parking lot enhancements, window upgrades, a fence at the back of the property, a dumpster enclosure, painting, and landscaping.

Permits have been secured for extensive work, including roof replacement, framing, HVAC, electrical, plumbing, and a complete interior remodel.

The Excelsior Springs Redevelopment Corporation had evaluated the application on June 13, 2024, and found it met the requirements for tax abatement. According to staff review, the project qualified for Level C abatement, which provides for either the abatement of the cost of improvements or 100% abatement for ten years followed by 50% abatement for five years, whichever is reached first. The projected expenditures for the improvements totaled $625,898.27.

Police Vehicles Purchase

Council approved the purchase of two new police vehicles to be funded by the public safety sales tax fund. The approved resolution authorized the purchase of two 2023 Dodge Charger police vehicles from Grapevine Dodge in Grapevine, Texas. The total cost for the vehicles amounted to $79,254.

Ordinance to Allow Backyard Chickens in Certain Situations

In a 4-1 vote, the Excelsior Springs City Council approved an ordinance to permit backyard chickens under specific conditions. Council member John McGovern cast the sole “nay” vote. This decision followed over a year of public debate and a rejection by the Planning and Zoning Commission. The council took on the issue due to significant public demand.

Despite approval, the ordinance imposes stringent requirements, including a minimum 150-foot setback from neighbors and a $50 annual licensing fee. The ordinance outlines specific definitions, permit requirements, and conditions for maintaining chickens:

  • Definitions: Only female chickens (hens) are allowed; no roosters or other fowl.
  • Permit Requirements: A Chicken Permit must be obtained annually, with an annual renewal fee of $50.
  • Property Requirements: Chickens can only be kept on properties with single-family detached dwellings on lots at least 8,712 square feet in size.
  • Setback and Enclosure Regulations: Chicken coops and pens must be located in fenced rear yards, with enclosures set back at least 10 feet from property lines and 150 feet from neighboring buildings.

Other provisions include sanitation standards, predator-proofing requirements, and restrictions on the number of chickens based on lot size. The ordinance also allows for the revocation or suspension of permits if conditions are not met, with an appeals process outlined for permit denials or revocations.

Police Chief Dull collaborated closely with his team, including animal control officers, to craft the ordinance. He said they drew on policies from nearby communities such as Richmond, Liberty, and Overland Park to ensure the new regulations were comparable and fair.

The council emphasized that while the ordinance provides a pathway for residents to keep backyard chickens, the restrictions aim to balance the interests of chicken enthusiasts with those of neighboring residents​​. See the full draft of the ordinance below. (The council requested that the initial licensing fee be reduced from $100 to $50, which is not reflected in the included draft). 

Adjustment to Video Service Provider Franchise Fee

Molly McGovern, City Manager, presented a consideration for the adjustment of the Video Service Provider Franchise Fee. McGovern explained that the city has imposed a franchise fee on video service providers, historically known as “cable” fees, since cable television was introduced to the community. This fee, which generates an estimated $50,000 annually for the General Fund, grants operators the rights to use the city’s streets and other public properties.

In 2018, the fee was updated to include modern video service providers such as Charter Spectrum and AT&T DirecTV. The maximum allowable fee was set at 5%. However, recent state legislation mandates an annual step-down of this fee until it reaches a maximum allowable rate of 2.5% in 2027. The current allowable rate is 4.0%, and the proposed ordinance adjusts the fee accordingly for the second year of the step-down process.

The City Council unanimously approved the adjustment.

Fiscal Year 2023 Budget Amendment and June 2024 Revenue Report and Financials

Vonda Floyd, Finance Director, presented a consideration of Fiscal Year 2023 Budget Amendments to the City Council, which were subsequently approved. Floyd detailed the necessary adjustments to ensure the city’s budget accurately reflects expenditures and revenues for the past fiscal year.

In addition to the budget amendments, Floyd reviewed the June 2024 financials. Her report highlighted key financial metrics and provided an overview of the city’s financial health. The review informs the council about current financial standings and any significant changes from previous reports.

The council unanimously approved the fiscal adjustments

Full Agenda:

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