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Board of Alderman Regular Meeting

Regular Meeting

Odessa, MO · April 28, 2025

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Agenda

BOARD OF ALDERMEN REGULAR AGENDA Monday, April 28, 2025 Community Building 601 W Main Street Odessa, MO 64076 The meeting can be viewed live on YouTube, by subscribing to @OdessaMO CALL TO ORDER Mayor Bryan Barner ROLL CALL City Clerk Karen Findora CALL TO ORDER Mayor Bryan Barner PLEDGE OF ALLEGIANCE Mayor Bryan Barner ROLL CALL City Clerk Karen Findora WELCOME TO VISITORS Mayor Bryan Barner CONSENT AGENDA Approval of Minutes All matters under the Consent Agenda, are ● April 14, 2025 – Regular Session Considered to be routine by the Aldermen and will be enacted by one motion with no separate discussion. If separate discussion is desired, that item may be removed from the Consent Agenda and placed on the Regular Agenda by request of a member of the Aldermen. MAYOR REPORT ALDERMEN REPORT CITY ADMINISTRATOR REPORT PUBLIC HEARINGS Planned Unit Development - Bill No. 2025-12 PUBLIC COMMENTS OLD BUSINESS NEW BUSINESS Bill No. 2025-11 Introduction and readings of Bill No. 2025-11 of proposed (1st & 2nd Reading) ordinance accepting the results of the April 8, 2025, General General Municipal Election Candidate Results Municipal Election as provided by the Lafayette County Clerk. Karen Findora, City Clerk Recognition of Outgoing Alderman Recognize Board of Aldermen Bob Carey for his years of service and dedication to the City of Odessa. Adjourn Sine Die The meeting will be recessed briefly for a presentation and for the Oath of Office of the newly elected officials. Alderwoman Ward One – Karla Polson Alderman Ward Two – Mike Plachte Alderman Ward Three – Bruce Whitsitt CALL TO ORDER Mayor Bryan Barner ROLL CALL Karen Findora, City Clerk With the Newly Elected Officials Proclamation “Local Government Week” Proclamation “National Day of Prayer” Motion of Approval Election of the “Acting President of the Odessa Board of Acting President of the Board of Aldermen Alderman” to serve a one (1) year term. Bryan Barner, Mayor Motion of Approval Approval of the appointment of the Finance Committee. Finance Committee Bryan Barner, Mayor Bill No. 2025-12 Introduction and readings of Bill No. 2025-12 of proposed (1st & 2nd Reading) ordinance approving Chapter 50 of the Code of Ordinances of the Chapter 50: Planned Unit Developments City of Odessa, Missouri relating to Planned Unit Developments. Karen Findora, City Clerk Resolution 2025-12 Proposed Resolution No. 2025-12 authorizing the City ARPA Geotechnical Report Administrator to approve the proposal and execute payment to Allstate Consultants for geotechnical work related to the railroad permitting as part of the ARPA Project. Shawna Davis, City Administrator Discussion Discuss the proposed ordinance for outside wood boilers. Outside Wood Boilers Shawna Davis, City Administrator Next Scheduled Meeting Monday, May 12, 2025, at 7:00 p.m. Regular Session Adjourn Pursuant to RSMO 610.021 (1) Legal actions, causes of action, litigation, or confidential attorney/client communication Pursuant to RSMO 610.021 (2) Real Estate Negotiations Pursuant to RSMO 610.021 (3) Personnel Up-Coming Meetings / Events: April 16 @ 7:00 p.m. - Odessa Park Board Meeting @ Community Building May 12 @ 7:00 p.m. – Board of Alderman Meeting @ Community Building May 13 @ 9:30 a.m. - Odessa Municipal Court @ Community Building May 13 @ 4:00 p.m. – Strategic Plan Meeting Session 1 @ Community Building May 15 @ 7:00 p.m. - Odessa Planning Commission Meeting @ Community Building May 21 @ 7:00 p.m. - Odessa Park Board Meeting @ Community Building May 22 @ 6:00 p.m. – Strategic Plan Meeting Session 2 @ Community Building May 26 – City offices closed in observance of Memorial Day May 27 @ 7:00 p.m. – Board of Alderman Meeting @ Community Building Other Events: For more information, please visit the City of Odessa website. ELECTED OFFICIALS Mayor Bryan D. Barner bryan.barner@cityofodessamo.com (816) 985-0361 Ward 1 Alderwoman Mickey Starr mickey.starr@cityofodessamo.com (816) 260-8448 Ward 1 Alderwoman Karla Polson karla.polson@cityofodessamo.com (816) 739-2224 Ward 2 Alderwoman Donna Ehlert donna.ehlert@cityofodessamo.com (816) 263-9559 Ward 2 Alderman Mike Plachte mike.plachte@cityofodessamo.com (816) 263-9997 Ward 3 Alderman Bob Carey bob.carey@cityofodessamo.com (805) 320-4877 Ward 3 Alderman Collin Carrigan collin.carrigan@cityofodessamo.com (801) 829-8482 AMERICANS WITH DISABILITIES ACT The City of Odessa is committed to ensuring compliance with the Americans Disabilities Act. Individuals who require an ADA accommodation to attend a meeting are encouraged to make those arrangements with the City Clerk at (816) 230-5577 ext. 6 or by email at karen.findora@cityofodessamo.com at least 72 hours in advance of the meeting to communicate their needs. Posted April 24, 2025 City Hall & City Website Emailed to The Odessan Karen Findora, City Clerk PO Box 128 ∙ 228 S Second ∙ Odessa, MO 64076 Email | Phone: (816) 230-5577 ext. 6 | www.cityofodessamo.com City of Odessa, Missouri Board of Aldermen Odessa Community Building | 601 W. Main Street Regular Meeting ~ Monday, April 14, 2025 | 7:00 p.m. Meeting Minutes @OdessaMO CALL TO ORDER / PLEDGE OF ALLEGIANCE Mayor Bryan Barner called the meeting to order at 7:00 p.m., and led in the pledge of allegiance. ROLL CALL Karen Findora, City Clerk called the roll and confirmed a quorum. Mayor Bryan Barner Present Alderman Bob Carey Present Alderwoman Karla Polson Present Alderwoman Donna Ehlert Absent Alderman Mike Plachte Present Alderwoman Mickey Starr Present Alderman Collin Carrigan Present OTHERS IN ATTENDANCE Shawna Davis, City Administrator Karen Findora, City Clerk Vacant, Finance Director Darrin Lamb, Streets/Water Josh Thompson, Police Chief Kenny Snider, Wastewater - Absent Troy Woutzke, Electric - Absent Lindsey Adams, Parks Lindsey Kolisch, Lauber Municipal Law PUBLIC IN ATTENDANCE Hannah Sparr, The Odessan Bruce Whitsitt Devon Harris David Bagley Marlon Dyer Talon Seales Terrica Jones ADJOURN TO CLOSED SESSION @ 7:01 p.m. Alderwoman Starr, moved to go into closed session Pursuant to RSMO 610.021 (1) Legal actions, causes of action, litigation, or confidential attorney/client communication & Pusuant to RSMO 610.021 (12) Sealed bids and related documents, until the bids are opened; and sealed proposals and related documents or any documents related to a negotiated contract until a contract is executed, or all proposals are rejected;, seconded by Alderman Plachte. Motion carried 5-0 Page 1 of 5 CALL TO ORDER / PLEDGE OF ALLEGIANCE Mayor Bryan Barner called the meeting to order at 7:33 p.m., and led in the pledge of allegiance. ROLL CALL Karen Findora, City Clerk called the roll and confirmed a quorum. Mayor Bryan Barner Present Alderman Bob Carey Present Alderwoman Karla Polson Present Alderwoman Donna Ehlert Absent Alderman Mike Plachte Present Alderwoman Mickey Starr Present Alderman Collin Carrigan Present WELCOME OF VISITORS Mayor Barner welcomed visitors and those viewing on YouTube. APPROVAL OF CONSENT AGENDA Approval of minutes and consent agenda. ● March 10, 2025 & March 24, 2025 – Regular Session The April 14, 2025, Finance Committee meeting was canceled. Alderwoman Starr, moved to approve the consent agenda and the meeting minutes for March 10 & March 24, 2025, as submitted, seconded by Alderman Plachte. Motion carried 5-0 MAYOR REPORT Mayor Barner expressed his condolences to the City of Lexington and to those affected by the recent tragedy, stating that our hearts, minds, and prayers are with them. On March 29th, the Mayor read a proclamation at the Masons Lodge honoring all who served in the Vietnam War. He thanked our officers who pursued and safely apprehended a suspect at speeds exceeding 136 mph. He also congratulated the Police Department for being ranked among the top five safest cities in Missouri by Safewise. Mayor Barner informed the Board that two focus groups will be formed to review the city's strategic plan, which will be hosted by Everstrive. Lastly, he mentioned that he and other board members will be attending a City Officials Training seminar hosted by Lauber Municipal Law. Page 2 of 5 ALDERMEN REPORTS ● Alderman Plachte – No Rpt. ● Alderman Carrigan – No Rpt. ● Alderwoman Polson – No Rpt. ● Alderwoman Ehlert – Absent ● Alderwoman Starr – No Rpt. ● Alderman Carey expressed gratitude to the residents of Odessa for their votes and congratulated Bruce Whitsitt on his victory in Ward 3. CITY ADMINISTRATOR REPORT Shawna Davis, City Administrator provided a brief update on city events. (visit the city website to hear update.) PUBLIC COMMENTS Devon Harris spoke on his interest in creating a mountain bike/hiking trails around Lake Lafayette. OLD BUSINESS None NEW BUSINESS May Board of Aldermen Meeting Date Mayor Barner requested a motion to change the Board of Aldermen meeting from Monday, May 26th to Tuesday, May 27, 2025, due to Memorial Day. Alderman Plachte, moved to move the Monday, May 26th Board of Alderman meeting date to Tuesday, May 27, 2025 due to the Memorial Day holiday, seconded by Alderwoman Polson. Motion carried 5-0 Introduction and Presentation ~ “Police Facility Focus Group Recommendation” Marlon Dyer, a member of the Police Facility Focus Group, provided a brief presentation on the Police Focus Group recommendations regarding the need for a police facility for the residents of the City of Odessa. Presentation ~ “Planning Commissioner Appointment ~ Steven Nance” Mayor Barner recommended the appointment of Steven Nance to the Planning Commission, and requested approval by the Board. Alderman Plachte, moved to approve the appointment of Steven Nance to the Planning Commission, seconded by Alderwoman Starr. Motion carried 5-0 Page 3 of 5 Resolution No. 2025-11 ~ “Missouri BLUE SHIELD Program” Mayor Barner read the proposed Resolution No. 2025-11 demonstrating its commitment to public safety, including a commitment to reducing violent crime, and authoring the city to pursue Missouri Blue Shield designation. Motion was made by Alderwoman Polson, to approve Resolution No. 2025-11 designating the City of Odessa’s commitment to public safety, including a commitment to reducing violent crime, and authoring the city to pursue Missouri BLUE SHIELD designation, second by Alderman Carey , and carried with the following vote. Motion carried 5-0. Bill No. 2025-10 Introduction and 1st Reading ~ “Replat of Lot 2 North Park Properties” Mayor Barner read the proposed Ordinance adopting and approving the Replat of Lot 2 North Park Properties a subdivision in Odessa, Lafayette County, Missouri, first reading. Motion was made by Alderman Plachte, to adopt Bill No. 2025-10 upon its first reading and pursue to second reading. Motion seconded by Alderwoman Polson, and carried with the following vote. Motion carried 5-0. Bill No. 2025-10 Introduction and 2nd Reading ~ “Replat of Lot North Park Properties” Mayor Barner read the proposed Ordinance adopting and approving the Replat of Lot 2 North Park Properties a subdivision in Odessa, Lafayette County, Missouri, second reading. Motion was made by Alderman Carey, to adopt Bill No. 2025-10 upon its second reading and approve the bill as an ordinance. Motion seconded by Alderwoman Starr, and carried with the following vote. Roll call vote as follows: Alderman Plachte yes Alderwoman Ehlert absent Alderman Carey yes Alderwoman Polson yes Alderwoman Starr yes Alderman Carrigan yes Motion carried 5-0. Bill No. 2025-10 became Ordinance No. 3150 Discussion ~ “Downtown Sidewalk Funding” Shawna Davis, City Administrator, along with representatives with Navigate Solutions. The Board instructed staff to move forward with option two (2). Next Regular Scheduled Meeting: Monday, April 28, 2025, at 7:00 p.m. Regular Session. Page 4 of 5 Adjourn There being no further business to come before the Board of Alderman, a motion was made by Alderwoman Starr, seconded by Alderman Cary, to adjourn the meeting at 9:01 p.m. Motion carried 5-0. Approved: CITY OF ODESSA _______________________ ________________________________ Bryan D. Barner, Mayor ATTEST _____________________ Karen Findora, City Clerk Page 5 of 5 BOARD OF ALDERMEN ACTION REPORT ISSUE: General Election Results ACTION REQUESTED: Motion of approval accepting the results of the April 8, 2025, General Election that was held in the City of Odessa to elect municipal officers and provided notice to the general public. BACKGROUND: The Board of Aldermen of the City of Odessa, Missouri did in compliance with Chapter 1, Section 1,401-1 of the Code of Ordinance of the City of Odessa, call for an election to be held on the 8th day of April 2025 for the purpose of submitting to the qualified voters the election of: • Alderman Ward One • Alderman Ward Two • Alderman Ward Three FINANCIAL CONSIDERATIONS: None ATTACHMENTS: Bill No. 2025-11; Affidavit of Publication; Certification of Election Results by County Clerk; Bill No. 2023-18 Ord. 3104 Conflict of Interest PREPARED BY: ______ DATED: April 28, 2025 Karen Findora, City Clerk BILL NUMBER: 2025-11 ORDINANCE NUMBER: 0000 AN ORDINANCE OF THE CITY OF ODESSA, MISSOURI, DECLARING THE RESULTS OF THE GENERAL ELECTION HELD IN THE CITY OF ODESSA, MISSOURI, ON THE 8th DAY OF APRIL 2025. BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF ODESSA, MISSOURI, AS FOLLOWS, TO WIT: WHEREAS, the Board of Aldermen of the City of Odessa, Missouri, did in compliance with Chapter 1, Section 1.401-1 of the Code of Ordinances of the City of Odessa, call for an election to be held on the 8th day of April 2025, for the purpose of submitting to the qualified voters the election of Alderman in the First Ward, Alderman in the Second Ward, and Alderman in the Third Ward within the City of Odessa, Missouri; and WHEREAS, as provided by the election laws of this City, the General Election was held on the 8th day of April 2025; and WHEREAS, the results of said election have been certified by the Lafayette County Clerk to the Board of Aldermen; and WHEREAS, the County Clerk has examined the election returns of said General Election and Certification of Election Results made by the County Clerk shows the following results, to-wit: For the Office of Aldermember: Ward I Karla Polson 97 Ward II Mike Plachte 132 Ward III Robert “Bob” Carey 112 Ward III Bruce Whitsitt 118 Section 1. We, the Board of Aldermen, do hereby certify that according to the ballots cast at said General Election, the following were elected to their representative offices, to-wit: Alderwoman – Ward I Karla Polson Alderwoman – Ward II Mike Plachte Alderman – Ward III Bruce Whitsitt Section 2. It is hereby ordained that certificates of election be issued to the elected officials above named. Section 3. This ordinance shall be in full force and effect from and after its passage and approval. READ TWICE and passed by the Board of Aldermen of the City of Odessa, Missouri, and approved by the Mayor of Odessa this 28th day of April, 2025. (SEAL) ______________________________ Bryan D. Barner, Mayor ATTEST: APPROVED: _________________________________ ________________________________ Karen Findora, City Clerk Bryan D. Barner, Mayor CERTIFICATION STATE OF: MISSOURI COUNTY OF: LAYFAYETTE I, Karen Findora, City Clerk, do hereby certify that I have been duly appointed City Clerk of the City of Odessa, and that the foregoing ordinance was introduced for first and second reading at a meeting of the Board of Alderman held on the 28th day of April, 2025, and adopted as Ordinance No. 3151 of the City of Odessa, Missouri, by the following vote, to-wit: AYES: 6 Alderman Carrigan – Alderman Plachte – Alderman Carey Alderwoman Polson – Alderwoman Starr - Alderwoman Ehlert NOES: 0 ABSENT: 0 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Odessa, at my office this 28th day of April, 2025. (SEAL) ___________________ Karen Findora, City Clerk City of Odessa, Missouri Office of Mayor Bryan Barner City of Odessa, Missouri Proclamation WHEREAS, local governments in Missouri make important decisions that affect the lives of all Missourians, and WHEREAS, local governments are the level of government closest to the people, and WHEREAS, local governments include city councils, county commissions, school boards among others, and WHEREAS, local governments are the ultimate expression of grassroots democracy, and WHEREAS, local governments play an essential role in the quality of life in Missouri communities, and NOW, THEREFORE, I, Bryan D. Barner, Mayor, of the City of Odessa, Missouri do hereby name May 5 – 9, 2025 as “LOCAL GOVERNMENT WEEK “ in Odessa, Missouri and urge all Missourians to join me in recognizing local governments as they serve their communities. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Odessa, Missouri, to be affixed this 28th day of April the year of our Lord two thousand and twenty-five. Signed Mayor Bryan D. Barner ATTEST: Karen Findora, City Clerk Office of Mayor Bryan D. Barner City of Odessa, Missouri Proclamation WHEREAS, the National Day of Prayer has been a part of our country’s heritage since it was declared by the First Continental Congress in 1775; and WHEREAS, the 74th annual observance of the National Day of Prayer will be held May 1, 2025, as mandated by both houses of Congress and by our President; and WHEREAS, leaders of our nation have relied upon the power of prayer throughout American history; and WHEREAS, we as a nation and a state give thanks for the freedoms we enjoy and pray that the City of Odessa and its people will continue to be blessed and protected from those who threaten democracy; and WHEREAS, Isaiah 25:1(NIV), which says, “Lord, you are my God; I will exalt you and praise your name, for in perfect faithfulness you have done wonderful things, things planned long ago”; and WHEREAS, this year’s National Day of Prayer theme is “Faithfulness; and WHEREAS, it is appropriate that we acknowledge God is sovereign and call upon Him in prayer. NOW, THEREFORE, I, Bryan D. Barner, by virtue of the authority vested in me as Mayor of the City of Odessa, Missouri, do hereby proclaim May 1, 2025, as the “Odessa National Day of Prayer” IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Odessa, Missouri, to be affixed this 28th day of April the year of our Lord two thousand and twenty-five. Signed Mayor Bryan D. Barner ATTEST: ____________________________ Karen Findora, City Clerk BOARD OF ALDERMEN ACTION REPORT ISSUE: Adopt Ordinance No.3152 to Amend Chapter 50 of the Code of Ordinances to relating to Planned Unit Developments (PUDs). ACTION REQUESTED: Motion/Second to adopt Bill No. 2025-12, Ordinance No. 3152, amending Chapter 50 of the Code of Ordinances of the City of Odessa to add Division 20 - Planned Unit Development. BACKGROUND: The City of Odessa’s current zoning regulations under Chapter 50 do not provide for a Planned Unit Development (PUD) zoning district. A PUD is a zoning tool that allows for flexible land use planning, encouraging cohesive development that can incorporate a mixture of residential, commercial, office, and open space within a single unified plan. PUDs are commonly utilized in two situations: first, when a developer wants to incorporate multiple uses on a single parcel of land, and second, when deviations from the standard requirements of a zoning ordinance are proposed in exchange for creating a "better" project than what the City of Odessa Code of Ordinances would typically allow. On April 17, 2025, the Planning and Zoning Commission held a duly noticed public hearing to consider the proposed text amendment to establish a PUD zoning district. Public notice of the hearing was published in The Odessan on April 3, 2025, and interested parties were invited to testify. No interested parties spoke, but some local developers/builders attended. Following the hearing, the Planning and Zoning Commission voted to recommend approval of the ordinance to the Board of Aldermen. The proposed ordinance creates Division 20 – Planned Unit Development within Article II of Chapter 50 of the City Code. It outlines the purpose of the PUD district, permitted uses, development standards, and establishes a two-phase review process involving a concept plan and a final plan. The ordinance provides a framework for the orderly and flexible development of land and supports the long-term growth goals of the City. The adoption of this ordinance will enable the City to consider innovative development proposals that enhance land use efficiency and improve the building environment while maintaining consistency with the City’s planning policies. FINANCIAL CONSIDERATIONS: None ATTACHMENTS: Bill No. 2025-12 - Planned Unit Development PREPARED BY: ______ DATED: April 28, 2025 Shawna Davis, City Administrator BILL NUMBER: 2025-12 ORDINANCE NUMBER: ______ AN ORDINANCE OF THE CITY OF ODESSA, MISSOURI, CHAPTER 50 OF THE CODE OF ORDINANCES OF THE CITY OF ODESSA, MISSOURI RELATING TO PLANNED UNIT DEVELOPMENTS. WHEREAS, pursuant to Chapter 89, RSMo., the Board of Aldermen of the City of Odessa is authorized to regulate the location and use of buildings, structures, and land for trade, industry, residence, and other purposes; WHEREAS, Chapter 50 of the Code of Ordinances of the City of Odessa, Missouri does not currently allow for planned developments; and WHEREAS, the Board of Aldermen now desires to amend Chapter 50 to allow for a planned unit development zoning district; WHEREAS, the Planning and Zoning Commission held a public hearing on April 17, 2025 for which notice was properly published in The Odessan on April 3, 2025 and all those who interested and wishing to testify were given the opportunity to do so; WHEREAS, upon conclusion of the public hearing, the Planning and Zoning Commission recommended approval of this Bill No. _______. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF ODESSA, MISSOURI, AS FOLLOWS, SECTION 1. That a new Division 20 – Planned Unit Development is created within Article II, Chapter 50 of the City Code to read as follows: Chapter 50 – Zoning, Article II – District Regulations Division 20 – Planned Unit Development Section 50-555. Planned Unit Development. A. Purpose. The purpose of the Planned Unit Development (“PUD”) is to encourage the unified design of residential, commercial, office, professional services, retail and institutional uses and facilities or combinations thereof in accordance with an approved planned unit development plan. This district allows for flexibility and latitude in placement of buildings and structures, use of open and green space, pedestrian-friendly uses, and variations of zoning regulations found throughout this Chapter. The district allows variations of the zoning regulations contained within Chapter 50 in exchange for open and green space and pedestrian-friendly improvements to the district. 1 B. Permitted Uses. Any use listed in this Section 50-555 may be permitted. However, each use must be listed within the PUD concept plan and PUD final plan and must be approved by the Planning and Zoning Commission and the Board of Aldermen. (1) Any use permitted by this Chapter 50. (2) Any accessory buildings, accessory structures, or accessory uses customarily incidental to any use permitted by this Section when the permitted use is located on the same lot as the accessory building, structure, or use. C. Development Standards. Minimum standards for developments in this district are set forth as follows: (1) The PUD District in this Chapter is a floating zone. The location of a proposed PUD district must be carefully reviewed to assure that the requirements of this Division can be met. (2) Approval of a PUD final plan shall constitute a rezoning to the PUD District. (3) Applications for PUD concept plan and PUD final plan shall be submitted by each applicant for PUD zoning in accordance with the provisions and conditions outlined herein. (4) Unified control. The proposed planned development district shall be limited to parcels that are under the single control of an entity who is responsible for completing the proposed development. This provision shall not prevent a transfer of ownership or control after the development has been completed in accordance with the PUD final plan. (5) The PUD concept plan and PUD final plan shall be in general conformity with the spirit and intentions of this Chapter and any other adopted policy resolutions or ordinances. (6) The PUD shall not have a substantially adverse effect on the development of the neighboring area. D. The PUD District may be established exclusively for residential, commercial or industrial development or any combination of those types of development. 2 Section 50-556. Planned Unit Development Review. This Section sets out the required review and approval procedures for planned unit developments. A. Overview Of Process. The Planned Unit Development (PUD) review process involves at least two (2) steps: PUD concept plan review and PUD final plan review. Land may need to be subdivided in order to carry out a PUD plan. The subdivision process, however, is a separate process, although it can run concurrently with (or following the conclusion of) the PUD review process of this Division. (1) PUD concept plan review. During PUD concept plan review, the PUD concept plan application is reviewed with respect to such issues as density, including the number, type and location of dwelling units, primary structures and other uses; impacts on surrounding areas; and the adequacy of facilities and services. The result of this review is the establishment of the basic parameters for development of the PUD project. PUD concept plan approval establishes the maximum development envelope for the project with regard to density, number of structures on a single lot, lot sizes, setbacks, overall scale, open space, pedestrian uses, environmental protection and other land development service provision issues. (2) PUD final plan review. The PUD final plan review stage is the point where applicants bring forward detailed plans for carrying out the type of project approved conceptually during PUD concept plan review. The applicant must submit the detailed and technical information necessary to demonstrate that all applicable standards, requirements and conditions have been met. Approval may only be granted if the PUD final plan is in substantial conformance with the approved PUD concept plan. B. Applications. Applications for PUD concept plans and PUD final plans shall include the following: (1) Filing fee; (2) Legal description of all parcels included in the proposed PUD; (3) The present zoning district of all parcels included in the proposed PUD; (4) The typewritten names, addresses and contact information of all owners of all parcels included in the proposed PUD and their designated representative, if any; (5) The signatures of all owners, or their designated representative, if any; 3 (6) If a designated representative is utilized, notarized proof of designated representative authorization from the owner; (7) The names of all property owners within 185 feet of the boundaries of the proposed PUD; (8) Proposed plan for the development of the PUD, which shall include the following: i. Approximate location and designated uses of buildings and structures, as well as parking and green space; ii. Proposed ingress and egress to the proposed district, including adjacent streets; iii. Plans for provision of utilities; iv. Proposed landscaping and screening, if any; and v. Proposed timeline for the development of the PUD; vi. Any other requirements necessary for development of the PUD that may be required by this Chapter or other City Codes; and vii. Any other information or plans that the City may require. C. PUD Concept Plan. (1) Pre-application conference. Before submitting a PUD concept plan application, the applicant shall confer with the Community Development Coordinator or their designee and other City staff as may be necessary, determined by the Community Development Coordinator. The purpose of this pre-application conference is to discuss the proposal and the applicable development review and approval procedures. (2) Purpose of PUD concept plan. A PUD concept plan is a generalized land use plan for the entire area proposed to be included within a PUD, which may be a single lot or multiple lots. The purpose of a PUD concept plan is to allow very early review of a proposed PUD plan before substantial technical planning work has been undertaken. 4 (3) Procedure. The process for PUD concept plan review shall be as follows: i. Upon receipt of a completed application, the Community Development Coordinator or their designee shall review the application for compliance with this Chapter. The Community Development Coordinator shall place the application on the Planning and Zoning Commission’s agenda within 60 days of verification of an application in compliance with this Chapter, as long as such placement on the agenda allows for adequate public notice. ii. The Planning and Zoning Commission shall review and consider the application and hold a public hearing on such application. Fifteen (15) day’s notice of the time and place of such hearing shall be published in an official paper or paper of general circulation in the city. Mailed notice shall be provided to all property owners within one-hundred and eighty- five (185) feet of the boundaries of the proposed PUD. Upon conclusion of the public hearing, the Planning and Zoning Commission shall make a recommendation to the Board of Aldermen to approve, deny, or approve the application with conditions. iii. Upon receipt of the Planning and Zoning Commission’s recommendation, the Board of Aldermen shall review and consider the application. The Board of Aldermen may approve, deny, or approve the application with conditions. (4) PUD concept plan review criteria. Applications for PUD concept plan approval may be approved if the following criteria are met: i. The plan represents an improvement over what could have been accomplished through strict application of otherwise applicable base zoning district standards based on the purpose and intent of this Chapter; ii. The PUD concept plan is in conformance with the PUD standards of Section 50-555 and all ordinances and regulations of the City; iii. The existing or proposed utility services are adequate for the proposed development; iv. The development is consistent with and implements the planning goals and objectives of the City as contained in the City Code and any other adopted policy resolutions or ordinances; and 5 v. The PUD concept plan is consistent with good general planning practice and the development will promote the general welfare of the City. (5) Effect of PUD concept plan approval. Approval of a PUD concept plan shall constitute acceptance of the overall general planning concepts for the proposed PUD development and is a prerequisite for the filing of a PUD final plan. (6) Lapse of PUD concept plan approval. An approved PUD concept plan shall lapse and be of no further force and effect if a PUD final plan for the PUD has not been approved within two (2) years of the date of approval of the PUD concept plan. D. PUD Final Plan. (1) Pre-application conference. Before submitting a PUD final plan application, the applicant shall confer with the Community Development Coordinator or their designee and other City staff as may be necessary, determined by the Community Development Coordinator. The purpose of this pre-application conference is to discuss the proposal and the applicable development review and approval procedures. (2) Purpose of PUD final plan. A PUD final plan is a final version of the PUD concept plan for the entire area proposed to be included within a PUD. The purpose of a PUD final plan is to verify that the PUD final plan complies with the PUD concept plan after substantial technical planning work has been undertaken. (3) Procedure. The process for PUD final plan review shall be as follows: i. Upon receipt of a completed application, the Community Development Coordinator or their designee shall review the application for compliance with this Chapter. The Community Development Coordinator shall place the application on the Planning and Zoning Commission’s agenda within 60 days of verification of an application in compliance with this Chapter, as long as such placement on the agenda allows for adequate public notice. ii. The Planning and Zoning Commission shall review and consider the application and hold a public hearing on such application. Fifteen (15) day’s notice of the time and place of such hearing shall be published in an official paper or paper of general circulation in the city. Upon conclusion of the public hearing, the Planning and Zoning Commission shall make a recommendation to the Board of Aldermen to approve, deny, or approve the application with conditions. 6 iii. Upon receipt of the Planning and Zoning Commission’s recommendation, the Board of Aldermen shall review and consider the application. The Board of Aldermen may approve, deny, or approve the application with conditions. (4) PUD final plan review criteria. A PUD final plan may be approved if it is determined to be in substantial compliance with the approved PUD concept plan. The PUD final plan may be deemed to be in substantial compliance with the PUD concept plan as long as, when compared with the PUD concept plan, it does not result in: iv. An increase of ten percent (10%) or more in density or intensity, including the number of housing units per acre or the amount of non-residential floor area per acre; v. A change in the mix of housing types or the amount of land area devoted to non-residential uses; vi. A reduction in the amount of open space; vii. Any change to the vehicular system that results in a significant change in the amount or location of streets, common parking areas and access to the PUD; viii. Any change within fifty (50) feet of a residential district or less intensive zoning district; ix. Any change determined by the Planning and Zoning Commission to represent an increase in development intensity; x. A change in use categories; or xi. A substantial change in the layout of buildings. (5) Effect of approval — lapse of approval. Approval of a PUD final plan shall constitute a rezoning and shall confer upon the applicant the right to develop the subject property in accordance with the approved PUD final plan. The right to develop in accordance with an approved PUD final plan shall lapse and be of no further effect if all development shown on the PUD final plan is not complete within the time frame established by the approval of the PUD final plan. Once approval lapses, the PUD final plan is no longer valid and shall have no further 7 force and effect. If approval lapses, on further development shall be allowed on the parcels included in the PUD final plan until the parcels have been rezoned to a non-PUD district or until a new PUD concept plan and PUD final plan have been approved in accordance with this Chapter. Sec. 50-557–50.574. – Reserved. SECTION 2. Division 19 – Accessory Uses and Structures, Sec. 50-549 – 50-574. – Reserved. shall read as follows: Sec. 50-549 – 50-554. – Reserved. SECTION 3. Appendix A to the City Code shall be amended to include the filing fee of $300 plus notice fees for applications for PUD concept plans and $200 plus notice fees for PUD final plans. SECTION 4. That all ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed. SECTION 5. That this Ordinance shall be in full force and effect from and after its passage and approval. SECTION 6. That should any section, sentence or clause of this Ordinance be declared invalid or unconstitutional, such declaration shall not affect the validity of the remaining sections, sentences or clauses. SECTION 7. That the City Clerk is hereby authorized to correct any scrivener’s errors contained herein. READ TWICE and passed by the Board of Aldermen of the City of Odessa, Missouri, and approved by the Mayor of Odessa this 28th day of April, 2025. (SEAL) ____________________________________ Bryan D. Barner, Mayor ATTEST: APPROVED: ____________________________________ __________________________________ Karen Findora, City Clerk Bryan D. Barner, Mayor 8 BOARD OF ALDERMEN ACTION REPORT ISSUE: Purchase approval for Geotechnical Service by Allstate Consultants for the ARPA Water and Wastewater Project. ACTION REQUESTED: Motion/Second to authorize the City Administrator to approve the proposal and execute payment to Allstate Consultants for geotechnical work related to railroad permitting as part of the ARPA Waterline Upsize and Wastewater Redirection Project. BACKGROUND: In December 2024, the City of Odessa awarded the construction contract for the ARPA-funded Water and Wastewater project. Construction is scheduled to begin on May 15th. Since the award, Allstate Consultants has been diligently working to prepare and secure all necessary permits, including those required by Canadian Pacific - Kansas City (CPKC). All permits have been obtained except for the water permit from the railroad. As of January 1, 2025, following the merger of Kansas City Southern and Canadian Pacific, new permitting regulations were adopted. These regulations now require a geotechnical report for any infrastructure exceeding 12 inches in diameter that crosses beneath railroad property. Such reports must be approved by an engineering firm recognized by the railroad before permits can be reviewed for approval. This new regulation was not known or anticipated during the planning or budgeting phases of the project. However, compliance is now mandatory to obtain the railroad permit. To minimize any potential delays for the project, city staff are requesting authorization for the City Administrator to proceed with the geotechnical proposal from Allstate Consultants, who are currently overseeing the project. Allstate estimates the cost of the geotechnical work will not exceed $50,000. Due to the stringent regulations imposed by the railroad, Allstate is mindful of the additional requirements that will need to be included in the report. Preliminary approval from the Board of Aldermen is essential for the City to move forward in a timely manner. If any issues arise from the proposal, the City Administrator will not authorize it. FINANCIAL CONSIDERATIONS: $50,000 to be paid for by the Water Fund ATTACHMENTS: Resolution No. 2025-12; proposal to be provided via future meeting minutes upon approval. PREPARED BY: ______ DATED: April 28, 2025 Shawna Davis, City Administrator RESOLUTION NO. 2025-12 RESOLUTION OF THE CITY OF ODESSA, MISSOURI, AUTHORIZING THE CITY ADMINISTRATOR TO APPROVE THE PROPOSAL AND EXECUTE PAYMENT TO ALLSTATE CONSULTANTS, LLC FOR A GEOTECHNICAL STUDY WHEREAS, In December 2024, the City of Odessa was awarded the construction contract for the ARPA funded Water and Wastewater project; and WHEREAS, Allstate Consultants, LLC previously engineered the wastewater redirection project and the water 9th street project for the purpose of utilizing ARPA funds, and has diligently worked to prepare and secure all permits and; WHEREAS, as of January 1, 2025, following the merger of Kansas City Southern and Canadian Pacific, new permitting regulations were adopted; and WHEREAS, the new regulations now require a geotechnical report, such reports must be approved by an engineering firm recognized by the railroad before permits can be reviewed and approved; and WHEREAS, Allstate estimates the cost of the geotechnical study will not exceed $50,000. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF ODESSA, MISSOURI, AS FOLLOWS: That the Board of Aldermen authorizes the City Administrator to approve the proposal and execute payment to AllState Consultants, LLC for a Geotechnical Study so that work can proceed for the ARPA Waterline Upsize and Wastewater Redirection Project. APPROVED AND PASSED by the Board of Aldermen of the City of Odessa, Missouri, this 28th day of April, 2025. (SEAL) Bryan D. Barner, Mayor ATTEST: Karen Findora, City Clerk BILL NUMBER: 2025-00 ORDINANCE NUMBER: 0000 AN ORDINANCE AMENDING CHAPTER 50, ARTICLE II, DIVISION 17 IN THE CITY OF ODESSA CODE OF ORDINANCES RELATING TO OUTDOOR WOOD BOILERS WHEREAS, the Board of Aldermen is authorized by 89.020, RSMo. to promote health, safety, morals, and the general welfare of the community through the regulation of location and use of buildings, structures, and land; and WHEREAS, the purpose of this ordinance is to ensure that outdoor wood boilers are located in appropriate areas of the City of Odessa, Missouri and within appropriate places on parcels of property, operated in a manner that limits particulate matter emissions and operated to avoid the creation of nuisance conditions; and NOW THEREFORE BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF ODESSA, MISSOURI, AS FOLLOWS, TO WIT: Sec. 50-495. Outdoor Wood Boilers. This ordinance shall be known and may be cited as the "Outdoor Wood Boiler Ordinance" of the City of Odessa, Missouri. The purposes of this ordinance are to ensure that outdoor wood boilers are located in appropriate areas within the City and within appropriate places on parcels of property, operated in a manner that limits particulate matter emissions, and avoids the creation of nuisance conditions. (1) The following words and phrases shall have the meaning given herein: (a) "Clean Wood" means wood that has no paint, stain, or other coatings, and has not been treated with any chemical preservatives including but not limited to copper chromium arsenate, creosote, or pentachlorophenol. (b) "Property Line" means a line bounding a lot which divides one lot from another or from a street or any other public or private space. (c) "Nuisance" means the emission of air contaminants to the outdoor atmosphere that are injurious or unreasonably interfere with the comfortable enjoyment of life or property. (d) "Outdoor Wood Boiler" means a fuel-burning device (a) designed to burn wood or other solid fuels, (b) specified by the manufacturer for outdoor installation or use in unoccupied structures, and (c) used to heat building space and/or water through the distribution of a fluid, typically water or a water-antifreeze mixture. (2) This ordinance applies to all land areas within the boundaries of the City of Odessa, Missouri. (3) No person shall install, use, operate, or maintain an outdoor wood boiler without first obtaining a permit from the City of Odessa. (4) Applications. (a) Applicants must provide a complete application to the Community Development Department including property address, tax map/lot number, contact details, and identifying all co-applicants or agents. (b) A scaled drawing showing property lines, structures, and proposed boiler location with distances from property lines must be submitted. (c) Applications must be signed by property owners or those with legal control, with proof of authorization if necessary. (d) Applications must include a non-refundable fee as established by the Board of Aldermen. All applications shall be dated and time-stamped upon receipt. (5) Use Standards. (a) Only clean wood may be burned. (b) Boilers must meet an emissions limit of 0.32 lbs/MMBtu. (c) Boilers must be certified by the U.S. EPA or a DEP-approved certification program. (d) Boilers may be operated only between October 15 and April 15 annually. (e) Boilers must not be operated in a way that creates a nuisance. (f) Replacement of boilers requires a new permit. (g) Boilers shall be operated in compliance with all State and federal laws. (6) Setback and Stack Requirements. (a) Boilers shall be setback at least 100 feet from any property line. (b) If no residence is within 300 feet, the chimney stack must be at least 10 feet tall. (c) If a residence is within 300 feet, the chimney stack must extend 2 feet above the peak of the structure being served by the boiler. (7) Boilers are prohibited in zones ADD ZONED AREAS. (8) Permits may be suspended immediately if the boiler poses a threat to public health or safety. If the permit is suspended, the boiler may not be operated until the threat to public health or safety is remedied. (9) Appeals of permit denials or suspensions shall be in accordance with Sec. 50-803. Use of the boiler is prohibited during the appeal process. Section 1: Outdoor wood boilers in operation at the time of the adoption of this Section shall be non-conforming uses. Owners shall register the outdoor wood boiler with the City within 60 days of the passage of this ordinance. Upon replacement or relocation of such outdoor wood boiler, owners shall comply with all provisions of this Section. Section 2: All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 3: This ordinance shall be in full force and effect upon passage. Section 4: The codifier is hereby authorized to make edits to formatting to conform with formatting of the City Code. READ TWICE and passed by the Board of Aldermen of the City of Odessa, Missouri, and approved by the Mayor of Odessa this _______ day of ___________, 2025. (SEAL) _______________________________ Bryan D. Barner, Mayor ATTEST: APPROVED: ________________________________ Karen Findora, City Clerk

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