Westside CID and Recreational Marijuana Tax Headline Lengthy Council Agenda

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City Council missed their January 1st meeting due to the New Year’s Day holiday making the January 17th meeting especially lengthy. 14 agenda items filled the evening docket with topics including a Public Hearing and Approval for West Side Community Improvement District (CID), the purchase of a Concession Trailer for the Outdoor Aquatic Center, zoning and code amendments, and the proposal of a 3% sales tax on recreational marijuana sales in Excelsior Springs.

Public Hearing and Approval for West Side Community Improvement District (CID)

The West Side committee of the Chamber of Commerce has been working to create a community improvement district (CID) for the past couple of years. The attorney for the Chamber of Commerce and the West Side CID, Jennifer Baird, was in attendance to give a brief presentation on the establishment of the West Side CID. The CID is a funding mechanism that will utilize a self-imposed tax to match the 21.5 million dollars the City received for the RAISE grant which will provide infrastructure and safety improvements for the west side of Excelsior Springs.

Baird explained that the community improvement district act required that a petition including a map and legal description of the district be submitted. She shared the map which shows the properties that are proposed to be included within the district, which are contiguous and mainly commercial retail properties. Baird also mentioned that an addendum was filed to clarify that the legal descriptions include the right-of-way for the railroad and roads because a lot of trail and sidewalk improvements will be happening within those right-of-way areas.

The West Side Community Improvement District filed its petition on December 30th, 2022. The city clerk reviewed the petition to determine if it substantially complies with the statute and determined that it does. The public hearing took place to consider the establishment of the CID. Baird said that CIDs are a familiar concept to the City Council as they already have one established for the downtown area and a couple more that are project-specific.

Broadbent Replaces Richey on Community Center Board

Doug Richey requested to be removed from the Community Center Board stating he does not have the time to participate due to his responsibilities as a state legislator. It was proposed that Gregory Broadbent be appointed as his replacement.

Concession Trailer for Outdoor Aquatic Center Approved

Agenda item number four was a resolution approving the purchase of a concession trailer from Custom Trailer Pros for the amount of $58,066. The trailer is for Phase 2 of the Community Center project (outdoor pool). The aim of this purchase was to cut costs on the project while increasing the flexibility of the community center to serve concessions at special events throughout the community. The trailer is designed to be able to serve from both sides increasing the flexibility of locations. Custom Trailer Pros will deliver the trailer to the Community Center upon completion and Ashlock Signs will add the Community Center logo and branding.

Outdoor Pool Construction Change Order Approved

Council was informed that an element of the inflatable dome, a cable support system, could potentially interfere with the future expansion of the outdoor pool and aquatic center. Council approved a change order to replace the cable system with a deflation protection fan at a cost of $44,772. It was noted that even with this additional cost, the construction project was still under budget.

Addition of an Enclosed Walkway for the Outdoor Aquatic Facility

Agenda item number six was a resolution approving the purchase of a walkway canopy from Lawrence Fabric and Metal Structures for the amount of $86,822. The canopy will be an accessible walkway that will be an enclosed air dome structure between the Community Center and the new aquatics facility dome. The walkway will provide an area that will allow weatherized accessibility to the dome while also protecting the inside of the building from humidity and other outside elements. The canopy will be removable in the summer and is also made of fire-retardant fabric. It was noted that there is adequate storage for the canopy during the summer months.

Additional Truck for Parks Services

Agenda item number seven was a resolution approving the purchase of a one-ton pickup truck from Chuck Anderson Ford for the amount of $49,771.16. The pickup truck comes equipped with a flatbed on the back and a snow plow system on the front. The delivery date for the truck is yet to be confirmed, but it is expected to be delivered within 120 days to be ready for the next season.

Final Plat for Marocco Estates AKA Clacton Estates Approved

Agenda item number eight was an ordinance for the approval of a final plot for Moroccan Estates Final Plan, a 16-lot, two-family residential subdivision. The preliminary plat and rezoning of the subject site to the R-2 Two Family Residential District was approved last year by the Planning and Zoning Commission and City Council as Clacton Estates, Phase Two, however, the property has changed ownership and the applicant is now requesting final plat approval for the 16-lot two-family residential development, now known as Marocco Estates Final Plat. The eight single-family residential development in Phase 1 (Clacton Estates First Plat) to the north of the subject site was also approved last year and has been constructed. The site is served by Kearney Road, water is accessible via an existing six-inch water main along Kearney Road and sanitary sewer is accessible as a main sewer line runs along the existing drainage way adjacent to the site. A common detention area on the northwest corner of the subdivision will be provided for stormwater management. The proposed final plat appears to conform substantially to the approved preliminary plat, it meets the City’s Minimum Design Standards, and the final plat appears to conform with the Comprehensive Plan. Staff recommends approval of the final plat application.

Consideration of Code Amendments to Chapters 400 & 401 of the Municipal Code

Agenda item nine was an ordinance that amends the definitions section of the zoning regulations and the floodway and floodway Fringe overlay District of the city’s municipal code. The code review process began over a year ago and this is the second to the last step in the process. The proposed amendments to the definition section within the zoning regulations will cover all new items or clarifications that were necessary after other changes. The non-policy-related changes to the floodway and floodway Fringe regulations were made to ensure consistency with the Federal Emergency Management Agency and the National Flood Insurance Program to maintain eligibility in that program. The last step in the code review process will be the sign regulations, but it is not for consideration this evening as the city is starting a public engagement process to discuss how some of the changes can be best implemented. The Planning Commission considered the proposed changes and recommended approval unanimously at their December meeting.

Consideration of Crop Lease at Water Plant, Wells and Waste Water Plant 2023-2027

Public Works Director, Chad Birdson proposed an ordinance for the city of Excelsior Springs to enter into crop lease agreements for city-owned property around the water plant, well field, and Wastewater Plant. The property will be leased out for agricultural purposes for a five-year period, with bids being accepted and evaluated. The highest bid was submitted by Rash Brothers LLC, which was recommended to be accepted for an amount of 276 dollars per acre per year for both the water plant and Wastewater Plant, totaling $30,636 per year for the five-year lease. The city plans to use the land for buffer zones around the plants and for potential expansion, and the lease agreement includes provisions for early termination in case the land is needed for other purposes such as lime abatement or applying sand or sludge from the Wastewater Plant.

Highway Safety Study

Agenda item eleven was the consideration of a contract between the City of Excelsior Springs and the Missouri Highway and Transportation Commission for a traffic engineering assistance program (TEAP) study along 69 Highway at the intersections of 92 Highway, C.E King, Italian way, and Jill Lane. The study, which will cost $15,000, will focus on intersection safety and perform an operational analysis of the intersections. The grant for the study is $12,000 with a local match of $3,000 coming from the City’s funds. The study is being conducted in an area with high accident rates, and it will provide the City with a set of plans and data if they decide to move forward with improvements in the future. This study does not authorize any construction, it’s only a study.

Tax on Non-Medical Marijuana Sales to go to Public Vote April 4th, 2023

An ordinance was proposed which would impose a 3% sales tax on all tangible personal property retail sales of adult-use non-medical marijuana sold within the city of Excelsior Springs, Missouri. This is in line with a new Missouri law that has legalized non-medical marijuana and allows local governments to impose a 3% sales tax on the retail sale of non-medical marijuana. The revenue from this tax would be used for Public Safety and prevention education for drug abuse. The ordinance also calls for a public vote on this tax to be held on April 4th, 2023. The public safety sales tax committee has expressed interest in this tax to address any negative impacts that may result from the legalization of marijuana, such as an increase in traffic fatalities and impaired driving, marijuana use by youth and adults, increased hospitalizations and suicide incidences, and societal impacts. The Council noted that this tax will help fund efforts to mitigate these impacts and keep the community safe.

*Unless noted, all agenda items were approved unanimously.

Additional Remarks

City Manager, Molly McGovern shared information that the household hazardous waste mobile event held in December was successful, with more than 30,000 pounds of hazardous waste being collected.

Sonya Morgan, Stephen Spear, and Mark Spohn all thanked Chief Dull for organizing a celebratory dinner recognizing the efforts of the Excelsior Springs Police and their families.