Board of Aldermen Regular Session

~tt~ ODESSA fMtdtt IAkll ~ ~ jl ~ PO Box 128 • 125 SSecond •Odessa, MO64076 Phone: (816) 230-5577 • Fax: (816) 633-4985 • www.ci(l'o/odessamo.com NOTICE OF OPEN MEETINGS NOTICE is hereby given to all citizens and parties in interest that the Odessa Board of Aldennen will meet for a Regular Session Meeting at 7:00 p.m. on Monday, June 28, 2021. Please click the link below to join the webinar: https://zoom.us/j/95109749357?pwd=cDJkSERWR jNXR.k:5EbFpxbXpFUG9EZz09 Passcode: l 78394 In addition, the meeting will be viewable on the City of Odessa, Missouri Government Facebook page. https ://www.facebook.com/odessamissouri CALL TO ORDER Mayor Stephen Wright PLEDGE OF ALLEGIANCE Mayor Stephen Wright ROLL CALL City Clerk Peggy Eoff WELCOlvlE TO VISITORS Mayor Stephen Wright CONSENT AGENDA Approval of Minutes • May 24, 2021 - Closed Session distributed to Board prior to meeting for review • June 14, 2021 - Regular Session MAYOR'S REPORT ALDERMEN REPORTS PUBLIC COMMENTS Debbie Lewis 5496 Cumberland Road OLD BUSINESS NEW BUSINESS Update State Representative Terry Thompson Legislative Session Correspondence Bill No. 2021-14 Proposed Ordinance accepting the public works improvements (JS' & z•d Reading) within and for the Hunter's View- Phase One (1) Subdivision Infrastructure Dedication - Hunter's View - in Odessa, Missouri Phase One Nici Wilson, City Administrator Bill No. 2021-15 Proposed Ordinance amending Section 2-127 of the Odessa (J81 & 2"d Reading) Municipal Code regarding the membership of the Planning and Guidelines ofthe membership ofthe Planning Zoning Commission & Zoning Commission Nici Wilson, City Administrator Bill No. 2021-16 Proposed Ordinance amending Section 2-429 of the Odessa (J81 & 2 nd Reading) Municipal Code regarding the qualifications of appointive Guidelines ofthe qualifications ofthe Planning officers & Zoning Commission Nici Wilson, City Administrator Adjourn to Closed Session Pursuant to RSMO 610.021 (I) Legal actions, causes of action, litigation, or confidential attorney/client communication Pursuant to RSMO 610.021 (3) Personnel Adjourn Upcoming Schedule: June 28, 2021 - Board of Aldermen Regular Session - 7:00 pm Community Building July 5, 2021 - City Offices Closed - Independence Day July 12, 2021 - Board of Aldermen Regular Session- 7:00 pm Community Building July 15, 2021 -Planning & Zoning Commission Regular Session - 7:00 pm Corrununity Building July 20, 2021- Municipal Court-1:30 pm Community Building July 26, 2021 - Board of Aldermen Regular Session-7:00 pm Community Building July 27, 2021 - Parks Board Meeting- 7:00 pm Community Building ELECTED OFFICIALS Mayor Stephen Wright steve.wright@cityofodessamo.com (816) 918-6634 Ward 1 Alderwoman Mickey Starr mickey.starr@cityofodessamo.com (816) 260-8448 Ward 1 Alderman Steve Lockhart steve.lockhart@cityofodessamo.com (816) 263-3939 Wanl.2 Aldennan Ron Finn ronald.finn@cityofodessamo.com (816) 564-9709 Ward2 Alderman Bryan Barner bryan.barner@cityofodessamo.com (816) 985-0361 Ward3 Alderman Ray Harves ray.harves@cityofodessamo.com (816) 524-6311 Ward3 Alderman Mike Stevens mike.stevens@cityofodessamo.com (816) 674-6222 Posted June 25, 2021 Copies of trus agenda may be obtained by contacting: Peggy Eoff, City Clerk Phone: (816) 230-5577 I Fax: (816) 633-4985 I www.cityofodessamo.oom  City of Odessa Board of Aldermen Odessa Community Building 1601 W. Main Street Regular Meeting - June 14, 2021 17:00 pm Meeting Minutes CALL TO ORDER Mayor Stephen Wright called the meeting to order at 7:00 p.m. PLEDGE OF ALLEGIANCE Mayor Stephen Wright led the Pledge of Allegiance. ROLL CALL City Clerk, Peggy Eoff, called the roll. Mayor Stephen Wright Present Alderman Ray Harves Present Ald~r'man Ron Finn Present Alderman Steve Lockhart Present Alderwoman Mickey-Starr Absent Mike Stevens Present Alderman Bryan Barner Present OTHERS IN ATTENDANCE City Staff: Peggy Eoff - City Clerk, Nici Wilson - City Administrator, Josh Thompson - Police Chief, Shawna Davis - Finance Director, Darrin Lamb - Water/Street Superintendent, Kenny Snider - Wastewater Superintendent, Jeff Deane - City Attorney Public: Hannah Spaar - The Odessan WELCOME Mayor Stephen Wright welcomed visitors. APPROVAL OF CONSENT AGENDA Approval of minutes • May 24, 2021 - Regular Session Financial Reports Police Department Reports Circuit Court Monthly Report Community Planning & Development Report Special Event: Cruise Odessa Submitted by: Odessa Chamber of Commerce Date 3rd Friday of the Month Request: Modify the event to only close Mason Street, leaving 2 nd Street open for through traffic Motion was made by Alderman Stevens, seconded by Alderman Harves, to approve the consent agenda. Motion carried 5-0. MAYOR'S REPORT Mayor Wright thanked the city utilities and appreciated their work the last few weeks, he also announced that the Police Department has presented an offer to an individual for the animal control nuisance officer position. Additionally, he congratulated Chief Thompson on the grant he had received for radios. ALDERMEN REPORTS Alderman Barner stated that he spoke with Darrin Lamb on storm water issues for 617 Wells Terrace, he also had someone who had a concern about a pothole in front of the Post Office, Darrin Lamb stated that this is the Post Office's issue it is on their property. Alderman Harves thanked the city crews on the work in gettin,g the power back on during the outage. Alderman Lockhart asked if the street sweeper was down, Lamp stated that no, that they have just been busy and have had limited time fo do sweeping in the last two weeks. He also inquired if anyone has followed up with Charles Harvey. City Administrator Nici Wilson she had not yet, but plans to do so. Aldermen Lockhart also asked about the brush dumpster, noting it seems to be full all the time. Alderman Stevens thanked Chief Thompson on getting the radio grant and thanked city staff on getting the power back on. Addition_ally, he thanked Wilson for being persistent with trying to obtain additional funding for the downtown infrastructure project through the INVEST in America Act. NEW BUSINESS Approval - Engineering Water and Wastewater Improvements A proposal by Allstate Consultants was presented that would all for the expenditure of funds for the design and engineering of water and wastewater projects that would help with additional capacity and allow for growth on our existing systems. Motion was made by Alderman Stevens, seconded by Alderman Barner to approve this proposal. • Alderman Lockhart asked if this was for on the Hill. Wilson stated that it was not, and Alderman Stevens explained what projects it would allow for. Darrin Lamb also provided an explanation. Motion carried 5-0. ResoluUon No. 2021-13 - Destruction of Certain Records Mayor Wright read the title of the proposed resolution of the City of Odessa, Missouri, authorizing the destruction of certain records in accordance wsith RSMo Chapter 109 and applicable state retention schedules Motion was made by Alderman Lockhart, seconded by Alderman Stevens to approve resolution no. 2021·13. • Alderman Lockhart asked if records were 3 (three) plus years. City Clerk Peggy Eoff stated that different records hold a different retention period and all records had met or exceeded that retention period. Noting that most of the records were at least seven (7) years old. Motion carried 5-0. Bill No. 2021-13 {1§!. reading) -Transportation Alternatives Funds Program Mayor Wright read the proposed ordinance approving a transportation alternatives funds program agreement with the Missouri Highway and Transportation Commission in connection with the downtown infrastructure improvements. Motion was made by Alderman Harves, seconded by Alderman Barner to approve bill no. 2021-13 first reading. • Alderman Stevens asked if this is what we needed to receive the tap fund? • Wilson stated yes, this is the program agreement to move forward with the project. Motion carried 5-0. Bill No. 2021-13 {2nd reading) -Transportation Alternatives Funds Program Mayor Wright read the proposed ordinance approving a transportation alternatives funds program agreement with the Missouri Highway and Transportation Commission in connection with the downtown infrastructure improvements~ Motion was made by Alderman Lockhart, seconded by Alderman Barner to approve bill no. 2021-13 second reading. There was no further discussion. Roll call vote as follows: Alderman Harves yes Alderman Finn yes Alderman Lockhart yes Alderwoman Starr absent Alderman Stevens yes Alderman Barner yes Motion carried 5-0. Bill No. 2021-13 became Ordinance No. 3038 Adjourn There being no further business to come before the Board of Alderman, motion was made by Alderman Stevens, seconded by Alderman Harves to adjourn the meeting at 7:12 p.m. Motion carried 5-0. Approved: Stephen L. Wright, Mayor Peggy Eoff, City Clerk  City of Odessa Board of Aldermen []-- Name (please Print) Address ~ -/C8L Meeting Date Please Note Board of Aldermen meetings are held the second and fourth Monday's of each month. This request must be delivered to the City Clerk or the City Administrator prior to 5:00 p.m. on the Wednesday preceding the meeting in which you want to be placed on the agenda. Cit y of Odessa 125 S 2 Md Street Odessa, Missouri 64076  BOARD OF ALDERMEN ACTION REPORT ISSUE: Accepting the public works improvements and infrastructure Hunter's View {Phase 1) ACTION REQUESTED: Motion/Second to approve Bill No. 2021-14 accepting the public works improvements within and for the Hunter's View - Phase 1 Subdivision BACKGROUND: Fol lowing the board's vote on bill no. 2021-1 O from the May 24, 2021 meeting, city staff has worked with the developer to inspect the electric service casings and that construction has been signed off on. Additionally, we have received the maintenance bond on the public improvements from the developer. At this time all requirements for final acceptance have been met. Fl NANCJAL CONSIDERATIONS: None ATTACHMENTS: Bill No. 2021-14 RECOMMENDED BY: DATE: 06/23/2021 Nici Wilson, City Administrator Bill No. 2021-14 ORDINANCE NUMBER: AN ORDINANCE OF THE CITY OF ODESSA1 MISSOURI, ACCEPTING THE PUBLIC WORKS IMPROVEMENTS WITHIN AND FOR THE HUNTER'S VIEW - PHASE ONE (1) SUBDIVISION IN ODESSA, MISSOURI. BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF ODESSA, MISSOURI AS FOLLOWS: SECTION 1. That water, sewer, electric, streets, and other public improvements within and for the Hunter's View Phase 1 Subdivision, a subdivision in Odessa, Missouri, are hereby accepted with the attached Exhibit A noted herewithin by the Board of Aldermen of the City of Odessa, Missouri. 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 from and after its passage and approval. READ TWICE AND APPROVED BY THE BOARD OF ALDERMEN AND APPROVED BY THE MAYOR OF THE CITY OF ODESSA, MISSOURI THIS 24TH DAY OF MAY, 2021. (SEAL) Stephen L. Wright, Mayor ATTEST: APPROVED: Peggy Eoff, City Clerk Stephen L. Wright, Mayor  BOARD OF ALDERMEN ACTION REPORT ISSUE: Administrative amendments to the Planning and Zoning Commission ACTION REQUESTED: Motion/Second to approve Bill No. 2021-15 to modify the membership of the Planning and Zoning Commission BACKGROUND: Currently section 2-429 of the Odessa code of ordinances sets forth the guidelines of the membership of the Planning and Zoning Commission. Missouri Revised State Statutes sets forth that a Planning and Zoning Commission shall be made up of no fewer than seven (7) members and no more than fifteen (15). Currently in Odessa our ordinance establishes our Planning and Zoning Commission consists of eight (8) members. Historically, the city has had times where there are unfilled vacancies on this commission that remain vacant for periods of time that can ultimately disrupt the ability to conduct business tnat is required by statute due to quorum issues. Additionally, with an even number of commission members, it presents the possibility of a tie vote. Following conversations with the chairman of our Planning and Zoning commission, our legal counsel and Mayor Wright, in an effort to assist us with ensuring we have a quorum present each month so that Planning and Zoning can conduct its necessary business to ensure the continued positive growth and development of our community, staff has brought forth the proposed amended ordinance for consideration. FINANCIAL CONSIDERATIONS: None ATTACHMENTS: Bill No. 2021-15 RECOMMENDED BY: DATE: 06/23/2021 Nici Wilson, City Administrator BILL NUMBER: 2021-15 ORDINANCE NUMBER: - - - AN ORDINANCE OF THE CITY OF ODESSA, MISSOURI, AMENDING SECTION 2- 429 OF THE ODESSA MUNICIPAL CODE REGARDING THE MEMBERSIDP OF THE PLANNING AND ZONING COMMISSION. WHEREAS, the City has not been able to fill the member roster of the Planning and Zoning Commission; and WHEREAS, having an even number of member seats allows for the possibility of a tie vote, the City respectfully requests that the number of Planning and Zoning Commission members be reduced; and WHEREAS, the Board of Aldermen desires to amend Section 2-429 of the Odessa Municipal Code to reduce the number of citizen Planning and Zoning Commission members. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF ODESSA, MISSOURI, AS FOLLOWS: SECTION 1: That Section 2-429 of the Municipal Code shall be amended as follows: Sec. 2-429. - Established; membership appointment, compensation and removal. (a) The city has created a city planning and zoning commission consisting o f ~ eight citizen members appointed by the mayor and approved by the board of aldermen. Insofar as feasible, members shall represent different professions, interest or occupations in the city. Members shall serve without compensation. (b) Members shall serve four years ( except that the terms of the citizen members first appointed shall be for varying periods so that succeeding terms will be staggered). Any vacancy in a membership shall be filled for the unexpired term by appointment. (c) The board of aldermen may remove any citizen member for cause stated in writing and after public hearing. SECTION 2: There is currently one vacant seat on the Planning and Zoning Commission which will be removed and upon passage of this ordinance, the total membership will be seven (7) citizen members. SECTION 3: This Ordinance shall be in full force and effect from and after its passage and approval. SECTION 4: The provisions of this Ordinance are severable and if any provision hereof is declared invalid, unconstitutional or unenforceable, such determination shall not affect the validity of the remainder of this Ordinance. SECTION 5: The City Clerk is hereby authorized to correct any scriveners' errors made in amending the City Code. 1 SECTION 6: All existing ordinances or parts of ordinances in conflic..i with this Ordinance are hereby repealed to the extent of the conflict. READ TWICE by title only and adopted by the Board of Aldermen of the City of Odessa, M1ssouri, and approved by the Mayor of Odessa, this _ _ day of _ _ _ __ __ ~ 2021. (SEAL) Stephen L. Wright, Mayor ATTEST: APPROVED: Peggy Eoff, City Clerk Stephen L. Wright, Mayor NOTE: Text being eliminated by this ordinance is lined through and text being added by this ordinance is bolded and underscored. 2  BOARD OF ALDERMEN ACTION REPORT ISSUE: Administrative amendments to the Planning and Zoning Commission ACTION REQUESTED: Motion/Second to approve Bill No. 2021-16 amending the ordinance regarding the qualifications of the appointive officers. BACKGROUND: Currently section 2-127 of the Odessa code of ordinances sets forth the guidelines of the qualifications of the appointive officers of the Planning and Zoning Commission in which currently prior to an appointment they must live within the city limits for a minimum of one ( 1) year. Following review of the Missouri Revised State Statutes there are no residency lengths set forth from statutes. Historically, the city has had times where there are unfilled vacancies on this commission that remain vacant for periods of time that can ultimately disrupt the ability to conduct business that is required by statute due to quorum issues. During the discussions with the chairman of Planning and Zoning, legal counsel, and Mayor Wright, the recommended change to remove the residency length is just another step in an effort to assist us with ensuring we have a quorum present each month so that Planning and Zoning can conduct its necessary business to ensure the continued positive growth and development of our community. FINANCIAL CONSIDERATIONS: None ATTACHMENTS: Bill No. 2021-16 RECOMMENDED BY: DATE: 06/23/2021 Nici Wilson, City Administrator  BILL NUMBER: - - - - ORDINANCE NUMBER: - - - AN ORDINANCE OF THE CITY OF ODESSA, MISSOURI, AMENDING SECTION 2- 127 OF THE ODESSA MUNICIPAL CODE REGARDING THE QUALIFICATIONS OF APPOINTIVE OFFICERS. WHEREAS, the City has been unable to fill appointive member positions for its Boards and Commission because interested citizens have not lived within the city limits for one calendar year as currently required by Section 2-127 of the Odessa Municipal Code; and WHEREAS, the Board of Aldermen desires to amend Section 2-127 of the Odessa Municipal Code to allow the appointment of citizens who have not resided within city limits to its Boards and Commissions. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF ODESSA, MISSOURI, AS FOLLOWS: SECTION 1: That Section 2-127 of the Municipal Code shall be amended as follows: Sec. 2-127. - Qualifications. (a) No person shall be elected a member of the board of aldermen, or be elected er a:ppoieted to any office wider the city government, unless they are he-is at least 18 years of age (except the mayor who shall be at least 25 years of age), a citizen of the United States, a qualified voter under this Code and state law and, except where otherwise provided, a resident and an inhabitant ofthe city for not less than one year immediately preceding their ms election or appointment. (b) No person shall be appointed to any office under the city government, unless they are at least 18 years of age, a citizen of the United States, and, except where otherwise provided, a resident and an inhabitant of the state of Missouri for not less than one year immediately preceding their appointment. (c) Aldermen shall be residents of the respective wards from which they are elected and their removal from the ward from which they were elected during their term shall create a vacancy in their office. SECTION 2: This Ordinance shall be in full force and effect from and after its passage and approval. SECTION 3: The provisions of this Ordinance are severable and if any provision hereof is declared invalid, unconstitutional or unenforceable, such determination shall not affect the validity of the remainder of this Ordinance. SECTION 4: The City Clerk is hereby authorized to correct any scriveners' errors made in amending the City Code. 1 SECTION 5: All existing ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed to the extent of the conflict. READ TWICE by title only and adopted by the Board of Aldermen of the City of Odessa, Missouri, and approved by the Mayor of Odessa, this _ _ day of _ _ _ __ __ _ , 2021. (SEAL) Stephen L. Wright, Mayor ATTEST: APPROVED: Peggy Eoff, City Clerk Stephen L. Wright, Mayor NOTE: Text being eliminated by this ordinance is lined through and text being added by this ordinance is bolded and underscored. 2