Cass County Commission - Regular Meeting

Okay, we're going to go ahead and call the September 2nd, 2026 Board of Zoning Adjustments to order. Roll call, please, Sarah.

Bob Houston. Present. Mike Moreland. Jeff Fletcher.

Here. We have a quorum. Please rise for the pledge. I need a motion to accept the agenda presented. So moved. I'll second that. All in favor? Two votes for, zero against. I need a motion to approve the BZA meeting minutes from April 1st, 2026. So moved. I'll second that. All in favor? Two votes for, zero against. Cascade Codes and Zoning Department, BZA variance number ZB34 for a zoning variance to allow for a one-time event for the dates of October 16th and 17th, 2026, commonly known as 20906 South State Route Y Highway, Belton, Missouri 64012. I need a motion. So moved. I'll second that. Valerie, staff report, please.

This group did a fundraiser last year for a local boy, and they had, my understanding, it was very successful. They want to do another event this year to be able to help more families and people in the community. They may continue this. We went through the process of what it would look like if they decide to do that, but we would like to go ahead and go through this one-time variance for this event coming up this year.

Thank you, Valerie. Any questions for Valerie?

No. At this time, we're going to open to public comment for variance number ZV34. If you'd like to speak for or against it, please step forward and state your name. Seeing none, we're going to close public comment on EZA variance ZV34. Any further discussion? No. All in favor? Two votes for, zero against. Variance ZV34 passes. Cascadia Codes and Zoning Department, BCA variance number ZV35. For a zoning variance of a lot width submitted by Hannah Taylor on behalf of Boone Land Partners LLC, Generally located on the south side of East 285th Street between South O'Bannon Road and South Index Road, Garden City, Missouri. Need a motion? So moved. I'll second that. Staff report, please, Valerie.

This property by survey is 189.4 feet in width. Our minimum apartment is 220 feet. It was surveyed out by an out-of-county surveyor back in 2009. The property has switched hands multiple times since then and ultimately ended up being its own 5.76 acre tract that was transferred. The current owner did their due diligence when the title company did everything that they thought they needed to do only to find out that it never went through the proper zoning process to begin with even though it had been sold. so they're wishing to request this variance for the narrower lot fit. The setbacks on this property would still be 25 feet from side property lines and 50 feet from the front and rear, which they are aware of that and feel that they can meet it with a new single family dwelling should it be approved.

You know how long ago that was put?

In 2009 was when the survey was done. It was originally sold off as a separate track from what I could tell in 2010. And zoning has been in effect in the county since 1958. All right.

Thank you, Valerie. Any questions for her right now? No.

Okay. At this time, we're going to open the public comment for variance number ZB35. If you'd like to speak for or against it, please state your name and address.

Okay. Randy Steckley, Garden City, Missouri.

Melinda Steckley, Garden City.

Okay, our land lays on the south side of this piece of land. We want a house there. That's why we're here. But the codes ladies told me it had to be 250 foot wide. Now you're saying 220 today, but still it's only 190 or 189, whatever. This piece of property is a quarter mile long by 190. That's just not fit for a building lot, in my opinion. Okay, so next thing I'd like to say is that property was sold for hunting. Which, that is Brown and Cass County hunting with the rolled rock quarry being across the road. That's what the last person did with it. But the problem I got here is, is this Texas bunch that bought this, they obviously didn't check with the codes department about wanting to sell this to build a house. Or they would have knew it was too narrow. So my plea is, they're asking you to bend the rules so they can profit. And I think that's wrong. So I'll let my wife talk.

Like she said, the width is a codes violation. There's also a codes violation. There's supposed to be a 1 to 4 ratio of width to length. And the ratio is 6.95. It's quite a bit over the one to four ratio. So there's, as far as we can tell, there's two code violations there.

Thank you. Thank you all very much.

Thank you.

Anyone else like to speak for or against zoning variance 35, please state your name.

This is Connie Williams, and we live at 39001 East, 285th Street. We are right next door. And we would also not like to see a house built there, too. We originally bought the property, knowing that it was only hunting property all the way around the city. We're hunting, or it was zoned for agriculture. And that piece of property was originally a right-of-way. to Randy's property, which he bought in 80 acres below that to the south of that, and that's where it attached to. He eventually sold it to one of his buddies. He thought he was a hunt man. He said, you know, it's a big, narrow thing. I can't put my cattle on there. I can't do much about it. So, you know, here you go. So he gave him a little bit of money, and he went on about it. to our knowledge from that point on you know that we know all of our neighbors around us and everything and people have said no fun but it's like all they did was hunt all there so it's no big deal so and they always took care of the property everything but it was not expecting to have you know a piece of uh any kind of house on there also on the east side there's a creek pretty substantial creek it's dry most of the time but when it rains it rains It fills up very large, and it comes down. It washes out that road almost every time, right in front of it.

I know we called the county to come in and put two loads of gravel on it just over the summertime because we couldn't even drive a car down there.

We have a road there that's got a, what is it? Low water bridge. Low water bridge, and it floods very large. several times every year and sometimes we get closed down we can't even get out we have to go the other way and that road gets washed out so then it doesn't get washed out so we can't get out but it had so far but it it washes out too and you know it's like it's just like we got more traffic in there and a building on there but all kinds of traffic coming in anyway there's supposed to be a certain distance between our fence or our yard and a house and i can't figure out how you could ever put a house on there with the creek on the other side, worrying about washing out from that creek. I just don't, that's about all I can say.

We don't want to bend the rules. We were forced to pay the rules when we built over there, and this is a rule that helps us. And we think you guys should stick to it because you're trying to cram a tiny little house in there. They don't know about the flood because they've probably never been out here when it's flooded, but it floods fast. and it just is it's just going to be a problem all the way around and we need you know no less than a thousand square foot house and then we need our 24 feet on both sides but they may not be able to do that on the side of where that pond or where that creek is it may have to be more than that to

to get it to fit and it's another thing too it's like this real estate agent come in and they they go around and they just buy a piece of property and they develop it and that's that's fine and dandy but this this property is not set up for developing And they came in and offered this guy a ton of money, twice as much as he had paid for it. And then she's going to go and turn around and sell it for twice as much as it is. Because eventually it has to become residential so that they can sell it for the house line. And that's the only way that she could ever make the money on it. I understand that.

on the other hand she shouldn't have bought it in the first place they didn't do the due diligence the sellers needed to hear i don't think so that's what happened thank you thank you anyone else like to speak for against zoning barriers 35 my name is emmy and my husband and i just got on the property to the east of this um we are on the side that has the creek and i've wondered that also how it does it'll it'll it it floods it washes out um but i just agree with the other two of lived in cass county i've had to follow rules and i just feel like it's fair to ask others to do that also okay thank you very much anyone else like to speak for variants of zb35 hi i'm anna turner i represent the owner moon land partners

I would just reiterate what the staff report found. This has been a non-compliant parcel from, for as far as we can tell, from 2009. It's currently zoned agricultural, but my understanding is it does not comply with those requirements which require at least a 20-acre lot, I think, and this is less than six. So it's currently non-compliant with the existing zoning designation. um this current variance we're requesting is a difference of you know 30 feet essentially and that would bring this parcel in compliance for the first time in almost 20 years with the code the owner did do substantial due diligence before it was purchased and has since worked with the cleaning department to do everything he is able to bring this in compliance with the zoning code. And I'm happy to answer any questions if anyone has any.

Thank you.

Okay, thank you.

So Valerie, when it split up in 2009, who sold it? It was illegal to start with.

It was sold by the Stegleys and Holwigs.

I'll speak again if you don't mind. So when I talk to the codes, ladies. They told me they said, Well, you sold that illegally. That's piece of land. Okay, so I went to a professional real estate agent, he brought up the paperwork, took it to the recorder's office, did everything. Sometime later, the recorder called me some lady and said, Okay, this is kind of an odd piece of land. Is this this right? I said, That's right. She goes, Okay. So I'd like for somebody to tell me how I sold it illegally. I sold it for agriculture purposes. I wasn't trying to sell it for residential.

Okay. It's not a question and answer. It's just a statement someday. Okay.

So I sold it.

So, Valerie, I guess we're doing a variance, but I'm not sure I understand 100% what's going on here.

how much are we variance on the the minimum is 220 foot anyway because what was required by the zoning order this tract i've heard a lot of numbers today and i was told 189.4 foot and went based on the survey that was done in 2009 the depth is 1324.83 feet 5.76 acres total is what this tractor ground is.

Okay. So if we do the variance, it doesn't go back to planning and zoning, correct?

It is set under the commission for later this day. Based on what the planning board heard at that planning board meeting, their vote was to deny it for the simple fact that typically these go to the VCA before it comes to them due to time wise all of that i made the administrative decision to go ahead and have planning board hear it you guys hear it and then you can make that vote as the commission based off you know the planning board's recommendation or the only reason for denial on them was just procedural that it had not the variance had not been approved by the vca prior to them hearing it at the planning board meeting i was not at that meeting to explain further the situation can we go back to planning and zoning i know you made that until the end of october

And is there a reason that, I know you made that decision, can we go back to planning and zoning? Is there a reason?

You can. The only reason was time-wise. The person that owns the property, they've already done their soil testing. They were ready to get moving on it, on a build on this property whenever this came to light. They did do their due diligence. They went to the title company. They even stated they called our office. And if you look at the plat books, even from 2009, by looking at it, you would think it was its own tract. Whether that's right or wrong is either here or there. But it has been indicated as a separate tract since that 2009 plat book.

I'm at the opinion of, I don't know if this is one of those conversations we can have right now. I think that we need to give the Planning and Zoning their chance to do it beyond the procedural piece. That's what they're here for, correct?

Right now the only thing the BZA is hearing is the variance on the lot width. The file for the actual split is to be heard by the Commission.

This is whether we approved the variance. The narrow variance, right. Like we've approved in the past for potty ponds that may have set closer to a property line or a barn. It may have just for the figuration of the lots.

But we don't have approval from the planning and zoning.

This is only the variance. The part that you get the approval from the planning and zoning is on the next file 32-0. On the commission. They would not weigh in on the variance. They would not weigh in on the variance. Sorry, that.

Sure.

Any other questions? We have a motion to approve BZA variance ZV35. No. So do not have a motion to approve. I'll make a motion to approve it. Do I have a second? No. OK. So it's going to die and go, I guess, be denied at this time. Died for a lack of a second. Died for a lack of a second at this time. OK. Any motion to adjourn the BZA meeting at this time? So moved. I'll second that. All in favor? Two votes for, zero against. At this time, we're going to call to order the September 2nd, 2026 Commission meeting. I need a roll call, please, Sarah.

Bob Houston?

Yes, President.

Mike Moreland? Jeff Fletcher? Here.

We have a quorum. Any motions to accept the agenda as presented? So moved. I'll second that. All in favor? Two votes for, zero against. Any motion to approve the Commission meeting minutes for August 19, 2026? So moved. I'll second that. All in favor? Two votes for, zero against. Any motion to approve the work session minutes from August 12th, 2026, effective new sales tax in the Rogan-Bridge department. August 19th, 2026, review applications for Cass County Planning Board. And August 19th, 2026, the Senate Bill 3. And August 20th, 26, the department meeting. So moved. I'll second that. All in favor? Two votes for, zero against. Cascade Circuit Clerk's Office Resolution 2684, authorizing signers on bank accounts held by the Cascade Circuit Clerk. I need a motion.

So moved.

Second that, Steve?

That's just simply because Kim York resigned and we're putting Sandy Massey, the interim circuit clerk's name, on the bank account so they can do business. Okay.

Thank you very much. Any discussion? All in favor? Two votes for, zero against. Resolution 2684 passes. Cascadia Codes and Zoning Department. Application 3207, minor subdivision file of apparent track of 96 plus or minus... Particle with agriculture reading commonly known as 32701 South State Route 7, Creighton, Missouri 64739. Any motion? So moved. I'll second that. Valerie, staff report, please.

This was heard by the planning board. There was a neighboring couple that showed up that had questions where the tracks were located. They didn't want one of the tracks to be zoned residential, but it falls under the 20-acre threshold for agriculture zoning. So buyer zoning order requires residential zoning. The board ultimately approved unanimously in favor to recommend approval of this application. It will get rid of the C zoning. There was kind of when 7th Highway was two lane, there was like a strip, it was a trim and fiberglass repair place. Roxy and her husband owned it for years and she continued to own it afterwards. This will get rid of that. extra little c2 zoning on each side of it but the old actual boat repair place but there's a lot line adjustment it's already been sold it retains it it is not part of this action okay any discussion for about no at this time we're going to open any public comment for application 3207 if you'd like to step forward speak for against that application

Thanks, Mark. Appreciate that. Anyone else? Seeing no, we're going to close the public comment portion on application 3207. Any further discussion? All in favor? Two votes for, zero against. Application 3207 passes. Thank you. Cass County Codes and Zoning Department application 3208, lot split and rezoning with parent tract of 77 plus or minus acres with the zoning designation Agriculture, commonly known as 29101 South Nelson Road, Cleveland, Missouri 64734. I need a motion. So moved. I'll second that. Valerie Staff, report please.

This application was heard by the Planning Board. It's kind of just a little 17 acre tract that is off a very nice rectangular agricultural tract. The current owner chose to sell it off as a residential tract just because there's kind of a little more value there than there is to continue farming it. The planning board recommended approval six to zero. Thank you.

At this time, we're going to open the public comment portion of application 3208. If you'd like to speak for or against the application, please step forward and state your name. I'm Ron Smith. I'm representing Harvest Creek Land Company, and I'd love for you to get this approved. Thank you, Ron. Any further comments today? If you'd like to speak for that application number. Seeing none, we're going to close the public comment portion of application 3208. Any further discussion? All in favor? Two votes for, zero against. Application 3208 passes. Cass County Zoning Department, application 3209. Is this the one that we just, so I guess we will strike that from the agenda, and there will not be a vote on that since the variance was not approved on that. So we will.

Why don't you go ahead, though, since it's on there, and it came with a recommendation, right? It did come with a recommendation, yeah. So we should just print it.

for finality go ahead and make a motion one way or the other okay cass county zoning application number 3209 lot split and rezoning parent traffic a plus or minus acres uh generally located on the south side of east 208 fifth street and between south o'bannon road and south index rural garden city missouri six four seven four seven any emotion

off to make the motion.

Well, I know where this is going to go, so I guess we're going to live down table for a lack of a motion. And we will go on to the next item. Cascadia Codes and Zoning Department, ordinance 2608, an ordinance amending section 410.040 of Cascadia Code relating to water pollution hazards and setback requirements for concentrated animal feeding operations. I need a motion. So moved. I'll second that. So this was Mike Moreland working with the Agarelli designation for the county. The setbacks had to get changed to align with this organization's force to be designated as an Agarelli county. So that's what this was for. Been working on that for a long time. Been working on it for a long time. So any further discussion? All in favor? Two votes for, zero against, four against, number 2608 passes. Cass County Collector's Office requesting disbursement of 2025 tax sale surplus money, certificate of purchase number 25-17, tax sale number 346, taxpayer name Michael and Roberta Tipton, in amount of $34,644.11, payable to Teresa Hunt. I need a motion. So moved. Mr. Mullendore. Good afternoon.

This is a good story. This is a parcel I sold on the steps a year ago. The Tipton's got in right under one year mark and we're able to redeem. So this is simply the surplus money that will go back to the real estate investor, Mrs. Harmon.

Thank you, Mr. Mullendore. Any further discussions? No. All in favor? Two votes for, zero against, to reimburse the certificate number 2517. Thank you, Mr. Mullendore. Thank you. At this time, we'll open the public comment portion of the meeting. If you'd like to speak, please step forward and state your name.

Good afternoon again. Chris Mullendore, Cass County Collector of Revenue. For the record, last week, as many of you heard, we had our annual tax sales required by Chapter 140. of the revised statutes of Missouri. We offered 25 properties. We sold 23 of them were first offerings. One was a second offering. One was a third offering. We sold 21 of those. Cass County Land Trustee David Kaufveld took one. Three parcels weren't sold at all, so they'll be offered again next year. We cleaned up $64,098.33 of back taxes and interest and we're going to deposit with Mr. Cheslik a whopping $860,419 in surplus. Our total proceeds for the day, $928,080.50. I think it was a successful sale and I think it makes sense now to bring it into the second floor. And I'm looking forward to the new acoustics and sound system for that room, make it a little bit easier. On my website at CassCounty.com, you can see the full report if you're interested in any of the bidders, interested in any individual parcel or any taxpayer that had a lien placed on their home. Have a good sale. We will return again the fourth Monday of August next year in the second floor courtroom. I would like to end this in public record too. I'll leave this. Second item from my office, we're 32 days in. Brand new computer system. We've had some good days. We've had some bad days. I'm dragging us into 2026 one way or the other. The AS-400 is still running. We're leaving it running for now so we can get the tax return filed to the state in March of 205, just to make sure. But we're balancing right now. We have an AI function in the search bar. Some folks are calling about that. It's getting faster the more we use it. It has been a major investment, and it is a major change of how we operate. So taxpayers, by and large, have been somewhat relatively understanding, and frankly, the payment on my website is faster. And now that receipt is instantaneous. So we're going to be saving dramatic sums of money in postage and paper. We are refining that. We're with the programmers again today. We had a programmer on site yesterday. We're trying to work through all the bugs. We're taking every complaint seriously. I'm trying to make this as, you know, friendly, computer friendly. We want this to be a good experience for folks, mainly a fast experience because nobody likes to pay property taxes. So if you all hear anything, have any input, please let me know. We're taking that input to the programmers. We have a daily email. Here are the issues. Here's what was resolved. Here's unresolved. Here are the new issues. And so they're on site. They're physically on site about every other day. And I'm working with the lead developer remotely today on a couple of issues. We went from 1990 to 2026 like that. There have been a few bumps, but all in all, we're plugging away and going forward.

Thank you, Mr. Mullenberg. Appreciate that. Any other public comment at this time? Seeing none, we're going to close the public comment. We are going to go into executive session under RSMO 610.021.1 legal. As soon as we come out, we will adjourn the general meeting. So I will need a motion to go into executive. So moved. I'll second that. Roll call, please, Sarah.

Bob Houston? Yes. Mike Moreland? Jeff Fletcher? Yes.

We're adjourned. Thank you all.