Board of Aldermen Regular Session

1 BOARD OF ALDERMAN REGULAR AGENDA Monday, July 25, 2022 7:00 p.m. Community Building 601 W Main Street Odessa, MO 64076 Please click the link below to join the webinar: Zoom Meeting Passcode: 178394 In addition, the meeting will be viewable on the City of Odessa, Missouri Government Facebook page @odessamissouri CALL TO ORDER Mayor Stephen Wright PLEDGE OF ALLEGIANCE Mayor Stephen Wright ROLL CALL City Clerk Karen Findora WELCOME TO VISITORS Mayor Stephen Wright CONSENT AGENDA Approval of Minutes All matters under the Consent Agenda, are ● July 11, 2022 – 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’S REPORT Proclamation – Project Connect Day ALDERMEN REPORTS PUBLIC COMMENTS OLD BUSINESS 1 2 NEW BUSINESS Special Event Application Borgman’s Dairy Farm – Octoberfest event Street Closure / Open Container Law Request No.1: Close Mason Street from 2nd Street (MO-131) to Octoberfest the Alley on W. Mason just pass The Odessan Borgman’s Dairy Farm Request No.2: Allow open container alcohol within the boundaries of the event (serving beer and brats) and hosting a polka dance. Date: Saturday, October 1, 2022 from 2:00 p.m. – 11:30 p.m. Submitted by: Janet Smith, Borgman’s Dairy Farm Bill No. 2022-17 Introduction and reading of Bill No. 2022-17 Amending Sections 1st Reading & 2nd Reading 2-125, 2-126, and 2-280 of the City Code of Ordinances for the Amend Sections of the Code of Ordinances purpose of changing the residency requirements for the City City Collector Collector position and clarifying that the City Collector is an appointed position. Nici Wilson, City Administrator Motion of Approval Appointment of Kate Collins as City Collector for the City of City Collector Odessa, Missouri Nici Wilson, City Administrator Presentation Presentation of the Annual Parks and Recreation Report Park Board Annual Report Jannan Bradley, President, Odessa Parks & Recreation Board Resolution No. 2022-23 Proposed Resolution authorizing the Mayor to enter into a Ripple Glass contract between the City of Odessa and Ripple Glass for glass recycling Nici Wilson, City Administrator Next Scheduled Meeting Regular Session Monday, August 8, 2022 at 7:00 p.m. Adjourn to Closed Session 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 Adjourn Upcoming Municipal Schedule: July 26, 2022 – Parks Board – 7:00 p.m. @ Community Bldg. August 8, 2022 – Board of Alderman Regular Session – 7:00 p.m. @ Community Bldg. August 16, 2022 – Municipal Court – 1:30 p.m. @ Community Bldg. August 18, 2022 – Planning & Zoning Commission – 7:00 p.m. @ Community Bldg. August 22, 2022 – Board of Alderman Regular Session – 7:00 p.m. @ Community Bldg. August 23, 2022 – Parks Board – 7:00 p.m. @ Community Bldg. Upcoming Community Schedule: July 29, 2022 – 6th Annual Project Connect @ Odessa High School Every Thursday, Farmers Market – 4:00 p.m. @ Railroad Park Third Friday each month, Country Gospel Jubilee – 6:00 p.m. @ Community Bldg. August 4, 5, 6, & 7, 2022 – Odessa Puddle Jumper Days 2 3 ELECTED OFFICIALS Mayor Stephen Wright steve.wright@cityofodessamo.com (816) 918-6634 Ward 1 Alderwoman Mickey Starr mickey.starr@cityofodessa.com (816) 260-8448 Ward 1 Alderman Steve Lockhart steve.lockhart@cityofodessamo.com (816) 263-3939 Ward 2 Alderwoman Donna Ehlert donna.ehlert@cityofodessamo.com (816) 263-9559 Ward 2 Alderman Bryan Barner bryan.barner@cityofodessamo.com (816) 985-0361 Ward 3 Alderman Mike Stevens mike.stevens@cityofodessamo.com (816) 674-6222 Ward 3 Alderman Shawn Cramer shawn.cramer@cityofodessamo.com (816) 522-3827 Posted July 22, 2022 City Hall & City Website Emailed to The Odessan Karen Findora, City Clerk PO Box 128 ∙ 125 S Second ∙ Odessa, MO 64076 Email | Phone: (816) 230-5577 | Fax: (816) 633-4985 | www.cityofodessa.com 3  4 City of Odessa, Missouri Board of Aldermen Odessa Community Building | 601 W. Main Street Regular Meeting ~ July 11, 2022 | 7:00 p.m. Meeting Minutes CALL TO ORDER / PLEDGE OF ALLEGIANCE Mayor Stephen Wright 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 Stephen Wright Present Alderman Steve Lockhart Present Alderman Mike Stevens Present Alderwoman Donna Ehlert Present Alderman Shawn Cramer Present Alderman Bryan Barner Present Alderwoman Mickey Starr Present OTHERS IN ATTENDANCE Nici Wilson – City Administrator, Shawna Davis - Finance Director, Karen Findora – City Clerk, Josh Thompson – Chief of Police, Troy Woutzke – Electric, Darrin Lamb – Streets, Kenny Snider – Wastewater, Joe Lauber – Lauber Municipal Law, LLC PUBLIC IN ATTENDANCE Hannah Spaar – Odessan, Terry Thompson – Missouri State Representative, Jerry Gartner – Resident, Denise Watts - Resident APPROVAL OF CONSENT AGENDA Approval of minutes ● June 27, 2022 – Regular Session (distributed to each Board member for review prior to meeting) Motion was made by Alderman Stevens, seconded by Alderwoman Starr, to approve June 27, 2022 meeting minutes. Motion carried 6-0. MAYOR’S REPORT Mayor Wright thanked the VFW for the fireworks display. He went on to thank the Electric Department for their work during the power outage. ALDERMEN REPORTS ● Alderman Barner stated that he created a survey on his District Two Facebook page, and asked the question would voters be in favor of a tax increase for roads. He stated that 91% of those that filled out the survey stated that they would be in favor on a tax increase for roads. He also stated that people were in favor of 4 5 contracting the work out to fix the roads. He stated that he would like to see the tax levy back on the ballot. ● Alderman Cramer thanked the VFW for the fireworks display, as well as the Electric Department for their work on the power outage. ● Alderman Lockhart – No report ● Alderwoman Starr – No report. ● Alderwoman Ehlert – No report. ● Alderman Stevens – No report. PUBLIC HEARING None PUBLIC COMMENTS Mr. Terry Thompson, MO State Representative 53rd District, thanked Nici Wilson, City Administrator and Josh Thompson, Police Chief for keeping the lines of communication open. He stated that the State needs to give more local government more control. He stated that he is expecting challenging times ahead. He stated that Lieutenant Governor Mike Kehoe visited Odessa to see the interchange. He stated that MoDOT needs to better communicate with the city on the changes to the interchange. They also visited Owl Creek RV Park. Jerry Gartner, Resident 608 S Connor Street Odessa, MO 6407 Mr. Gartner stated that he had been speaking with Alderman Barner through Facebook on the new city hall remodel. He stated that he spoke with Chief Thompson, and he now understands that the new city hall is not suitable for a new police department/emergency management location. Mr. Gartner stated that the city does need to find a location for a police department. He stated that he would like for the city to hold off on remodeling the new city hall and move in as is. He would like the city to use the money that they get out of the sale of the old city hall for the new city hall remodel project. He thanked the Street and Electric departments for the work they conduct for the city. OLD BUSINESS None NEW BUSINESS Special Event Application: Odessa High School Homecoming Parade Angie Sallee & Mat Vleisides, Odessa High School, requested street closures and traffic control assistance for Second Street for the Odessa High School Homecoming Parade that will take place Friday, September 16th from 1:00 p.m. – 3:00 p.m. Motion was made by Alderwoman Elhert, seconded by Alderman Barner, to approve the street closure and traffic control assistance for Second Street for the Odessa High School Homecoming Parade scheduled for September 16, 2022. Seconded by Alderman Barner. 5 6 Motion carried 6-0. New Employee Introduction Shawna Davis, Finance Director introduced Kate Collins, Accounts Payable Clerk, and Josh Thompson, Police Chief, introduced Kim Woods, Animal Control & Nuisance Compliance Officer. The Board welcomed both employees to the City of Odessa. Resolution No. 2022-22 – Caterpillar Financial Svc. Corp. Paver & Roller Mayor Wright proposed a Resolution authorizing the Mayor to Execute the Finance Proposal Agreement between the City of Odessa and Caterpillar Financial Services Corporation. Discussion: None. Motion was made by Alderman Stevens, Seconded by Alderman Cramer, to approve Resolution No. 2022-22. Motion carried 6-0. Discussion / Motion to Approve City Hall Renovations Mayor Wright started off with saying that streets have, and always will be a priority. He stated that when he got the call from NASB Bank that the building will be for sale, his first thought was that would be the perfect place for a new city hall, and council chambers. There is a need to have a better location with quality video and audio for future meetings. He stated that even though it was a perfect location, it was terrible timing. This was an opportunity that came about and he stated that he didn’t think the city should pass it up. The sturdy building, permanent boardroom, additional parking, and future growth expansion was perfect to carry the city into the future. He stated that he hopes the board can see the advantages and proceed to follow through with the complete remodel. Other comments were as follows: The building is solid; Feedback received on the remodel has been negative; Concerns the money that will be taken from the General Fund will not be returned to the fund; Would prefer to conduct the remodel in phases; Concerns on the timing and future inflation cost; Reserve at least 50% of the General Fund; Put the building remodel out for Bid; May cost more later, act now and complete the project. Motion was made by Alderman Cramer to bid the project with the minimal remodel not adding the board room and an alternate bid for the entire completed remodel project, Seconded by Alderwoman Ehlert. Motion carried 4-2. Next Scheduled Meeting: Monday, July 25, 2022 at 7:00 p.m. 6 7 Adjourn There being no further business to come before the Board of Alderman, motion was made by Alderwoman Ehlert, seconded by Alderman Stevens, to adjourn the meeting at 7:33 p.m. Motion carried 6-0. Approved: CITY OF ODESSA _______________________ ________________________________ Stephen L. Wright, Mayor ATTEST _______________________ Karen Findora, City Clerk 7 8 8 9 9 10 10 11 BOARD OF ALDERMEN ACTION REPORT ISSUE: Ordinance amendments reflecting the change to the Code of Ordinances relating to the appointment of the City Collector following the results of the April 6, 2021, General Municipal Election to appoint a collector versus electing. ACTION REQUESTED: Motion/Second to approve Bill No. 2022-17, approving the amendments to Sections 2-125, 2-126, and 2-280 of the City Code of Ordinances in reference to City Collector. BACKGROUND: On December 14, 2020, the Board of Aldermen voted to approve an ordinance that would place Proposition I before the voters of Odessa to allow for the City Collector to be appointed (similar to the City Clerk and Chief of Police) versus elected. This change helps to ensure the administrative continuity of operations. Following the vacancy of the collector position, the ordinances relating to the fulfillment of the position needs to be updated reflecting the outcome of ballot initiative. This proposed ordinance will do just that. FINANCIAL CONSIDERATIONS: None ATTACHMENTS: Bill No. 2022-17 PREPARED BY: Nicole B. Wilson DATED: July 21, 2022 Nici Wilson, City Administrator 11 12 BILL NUMBER: 2022-17 ORDINANCE NUMBER: _____ AN ORDINANCE OF THE CITY OF ODESSA, MISSOURI, AMENDING SECTIONS 2- 125, 2-126, AND 2-280 OF THE CITY CODE OF ORDINANCES FOR THE CITY OF ODESSA FOR THE PURPOSE OF CHANGING THE RESIDENCY REQUIREMENTS FOR THE CITY COLLECTOR POSITION AND CLARIFYING THAT THE CITY COLLECTOR IS AN APPOINTED POSITION. WHEREAS, on December 14, 2020, the Board of Aldermen (“Board”) for the City of Odessa (“City”) passed an ordinance to place on the April 6th, 2021 ballot, Proposition No. 1, which was the question of whether to make the City Collector an appointed position; WHEREAS, on April 6, 2020, the majority of the voters of the City voted to approve Proposition No. 1, thus making the City Collector an appointed position as opposed to an elected one; WHEREAS, Section 2-125 of the City Code, passed by the Board in 2013, is obsolete in that it references the City Collector as an elected position; WHEREAS, Section 2-126 of the City Code, granting the Mayor appointive powers, does not include the City Collector as an appointable position; WHEREAS, Section 2-280 of the City Code, referencing the City Collector’s qualifications for office expresses that the City Collector is an elected position; WHEREAS, Section 2-280 of the City Code, also requires the City Collector to have been a City resident for 90 days immediately preceding his election; and WHEREAS, the Board believes it to be in the best interest of the City to amend Sections 2-125, 2-126, and 2-280 to clarify that the City Collector is an appointed position, and to remove the residency requirement in Section 2-280. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF ODESSA, MISSOURI, AS FOLLOWS: SECTION 1: That Section 2-125 of the City Code of Odessa is hereby amended as follows with struck through portions representing language to be removed: The qualified voters of the city shall elect a mayor for the term of two years and one aldermen from each ward for a term of two years so that the term of office of one-half of the members of the board of aldermen shall expire annually. The voters shall also elect a city collector for a term of two years. Elected officers shall continue to serve until their successors are elected and qualified. SECTION 2: That Section 2-126 of the City Code of Odessa is hereby amended as follows with bold portion representing language to be added: The mayor, with the consent and approval of the board of aldermen, shall have the power to appoint a treasurer, city attorney, city collector, and any other officers as he may be authorized by ordinance to appoint. 12 13 SECTION 3: That Section 2-280 of the City Code of Odessa is hereby amended as follows with struck through portion representing language to be removed. A candidate for the office of collector shall meet the qualifications set forth in section 2-127. except such candidate shall be an inhabitant of the city 90 days immediately preceeding his election SECTION 4: This Ordinance shall be in full force and effect from and after its passage and approval. SECTION 5: 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 6: The City Clerk is hereby authorized to correct any scriveners’ errors made in amending the City Code. SECTION 7: 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 25th day of July, 2022. Stephen Wright, Mayor ATTEST: Karen Findora, City Clerk 13 14 BOARD OF ALDERMEN ACTION REPORT ISSUE: Ripple Glass Site Agreement ACTION REQUESTED: Motion and second to approve Resolution No. 2022-23 authorizing the Mayor to enter into a contract between Ripple Glass and the City of Odessa to provide glass recycling for its residents. BACKGROUND: The City desires to enter into a contract with Ripple Glass to recycle glass for the residents of Odessa. Ripple Glass collects and recycles post-consumer glass, and the parties desire to place a glass collection bin on property owned by the City. Within ninety (90) days from the effective date, Ripple Glass will place a bin at 400 N 1st Street, Odessa. The bin will be a roll-off container, measuring approximately 21’ X 7.5’ X 7.5’, and will be owned by Ripple Glass. Residents will be able to deposit glass food and beverage containers into the bin, once the bin is full Ripple Glass will replace it with an empty bin on a regular basis. FINANCIAL CONSIDERATIONS: None ATTACHMENTS: Resolution No. 2022-23 PREPARED BY: DATE: July 21, 2022 Karen Findora Karen Findora, City Clerk 14 15 RESOLUTION NO. 2022-23 A RESOLUTION OF THE CITY OF ODESSA, MISSOURI, AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT BETWEEN RIPPLE GLASS AND THE CITY OF ODESSA WHEREAS, it is vital to the continued success of the City of Odessa to continue its recycling efforts; and WHEREAS, Ripple Glass collects and recycles post-consumer glass, and the City desires to place a glass collection bin on property owned or leased by Host, with an address of 400 N 1st Street, Odessa, MO; and WHEREAS, within ninety (90) days from the effective date, Ripple Glass will place a roll- off container, measuring 21’ X 7.5’ X 7.5” on the property, and; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF ODESSA, MISSOURI, AS FOLLOWS: SECTION 1. That the Board of Aldermen authorizes the Mayor to execute a contact with Ripple Glass on behalf of the City of Odessa to recycle its glass. APPROVED AND PASSED by the Board of Aldermen and approved by the Mayor of the City of Odessa, Missouri, this 25th day of July, 2022. (SEAL) ___________________________ Stephen L. Wright, Mayor ATTEST: ________________________________ Karen Findora, City Clerk 15  16 This Site Agreement (the “Agreement”) is entered into this 11th Day of July, 2022 (the “Effective Date”), between Ripple Glass, LLC, a Delaware limited liability company, with an address of 1642 Crystal, Kansas City, Missouri 64126 (“Ripple”), and The City of Odessa a COMPANY, with an address of 125 S 2nd Street, Odessa, MO 64076. (“Host”). Ripple collects and recycles post-consumer glass, and the parties desire to place a glass collection bin (a “Bin”) on property owned or leased by Host, with an address of 400 N 1st Street, Odessa, MO 64076. (the “Property”). NOW, THEREFORE, in consideration of the mutual covenants herein contained, and other good and valuable consideration, the parties agree as follows: 1. Term. The term of this Agreement will begin on the Effective Date and will continue in effect until terminated by either party by giving ten (10) days’ prior written notice to the other party. 2. Placement of Bin. Within ninety (90) days from the Effective Date, Ripple will place a Bin on the Property, in a location mutually agreed upon between the parties (the “Site”). The Bin will be a roll-off container, measuring approximately 21’ x 7.5’ x 7.5’, and will be owned by Ripple; Host will have no ownership or leasehold interest in the Bin. 3. Use of Bin Host will provide the Site for the Bin; permit and encourage the general public to deposit glass food and beverage containers into the Bin; permit Ripple, or its subcontractor, to pick up the Bin when full and replace it with an empty Bin; provide access to the Bin for the purposes contemplated by this Agreement; regularly maintain and police the areas around the Bin, including keeping such areas free from broken glass, trash, ice and snow; and telephone Ripple or its subcontractor when the Bin is approaching capacity, using the telephone number provided by Ripple. Host will designate one or more of its employees to carry out its responsibilities under this Section 3, and provide contact information for such employee(s) to Ripple. 4. Removal and Replacement of Bin. After Host advises Ripple or its designated subcontractor that a Bin is full, Ripple will have the Bin picked up and replaced with an empty Bin. 5. Consideration. Neither party will owe any rentals or similar charges or fees to the other party under this Agreement. Each party believes it will benefit from this Agreement, in part by providing a public service and being associated with an environmentally-friendly local initiative. 6. Losses. Neither party nor its subcontractors will be liable to the other party for any damages, losses, expenses, obligations, claims, actions or other liabilities (“Losses”) caused by, or arising out of or in connection with, the acts or omissions of such party or its subcontractors with respect to this Agreement, including, without limitation, any damages caused by Host to a Bin or any damages caused by Ripple or its subcontractors to the Property, the Site, or the surrounding areas, or any Losses caused by either party in connection with the presence, condition, use, pick-up or delivery of the Bins, whether or not caused by the negligence of a party; provided, however, that each party will be responsible for any such Losses caused by (i) its intentional misconduct, (ii) its breach of its express obligations under this Agreement, or (iii) its negligence, but only to the extent such negligence has resulted in a liability owed by the other party to this Agreement to a third party claimant. CONTINUED ON FOLLOWING PAGE > 16  17 7. Insurance. Each party will be responsible for carrying its own public liability insurance, with such carriers, in such amounts, and upon such other terms and conditions, as such party deems appropriate. 8. Notice. Except as otherwise provided in this Agreement, all notices or communications to a party under this Agreement will be in writing and will be considered received when hand-delivered, or one business day after being sent by courier delivery service or by a nationally-recognized prepaid express service, in each case addressed as set forth in the first paragraph of this Agreement (or at such change of address as provided in accordance with this Section 8). 9. Miscellaneous. This Agreement will be governed by the laws of the state of MO without regard to conflict of law principles. This Agreement contains the entire agreement between the parties with respect to the subject matter hereof, and it may not be modified except by an agreement in writing signed by both parties after the date hereof. This Agreement may be signed in counterparts, each of which will constitute an original, and both of which together will constitute one and the same agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. HOST RIPPLE GLASS, LLC BY: BY: NAME: NAME: Morgan Henderson TITLE: TITLE: Metro Program Manager DATE: DATE: 7/11/2022 17