Board of Aldermen Regular Session

BOARD OF ALDERMAN REGULAR AGENDA Monday, June 10, 2024 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 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 ● May 13, 2024 – Regular Session Considered to be routine by the Aldermen and will be enacted by one motion with no separate discussion. If separate discussion is Police May Rpt. desired, that item may be removed from the Circuit Court May Rpt. Consent Agenda and placed on the Regular Agenda by request of a member of the Aldermen. MAYOR REPORT Proclamation “Juneteenth” June 19, 2024 ALDERMEN REPORT CITY ADMINISTRATOR REPORT PUBLIC COMMENTS B.D. Smith, Request to place a Garden Club sign on the Missouri silhouette at Rail Road Park. OLD BUSINESS NEW BUSINESS Special Event Permit Date: Saturday, June 22, 2024 Mid Missouri Tractor Club Memorial Cruise 10:00 a.m. – 2:00 p.m. Request: 15 police-escorted Tractors cruising the neighborhoods in Odessa in memory of past members. (see attached map) Lunch at Dyer Park (reserved through Parks) Submitted by: Benita Young, Mid Missouri Tractor Club Special Event Permit Date: Saturday, June 22, 2024 R/C Rainforest Challenge USA (Round #3) 8:00 a.m. – 5:00 p.m. Request: 10th-scale radio-controlled Rock Crawling competition to be held at the Odessa Reservoir. Submitted by: Matt Dankenbring, Kansas City Scale Motorsports Special Event Permit Date: Thursday, June 13, 2024 Fox 4 News Zip Trip 5:00 a.m. – 11:00 a.m. Request: Street closure 2nd Street from W Main St. to W Dryden St., and W Mason to S 3rd St. and S 1st St. (see attached map) Submitted by: Leslie Shier, Chamber of Commerce Special Event Permit Date: Saturday, June 15, 2024 Odessa High School Varsity Cheer Car Wash 7:30 a.m. – 12:30 p.m. Request: Utilize the water spigot at Railroad Park for the OHS Varsity Cheer National Competition fundraiser. Submitted by: Nicole Prado, OHS Varsity Cheer Discussion Item Mayor Bryan Barner Stop sign at 1st and Chestnut Discussion Item Mayor Bryan Barner Proposed Ordinance Amendment allowing for one Board of Alderman meeting per month Motion to Extend Motion to extend the current business license period to an August Business License Renewal 31st expiration date. Bill No. 2024-09 Introduction and reading of Bill No. 2024-09 proposed Ordinance 1st Reading & 2nd Reading approving the real estate purchase and redevelopment agreement Real Estate Purchase Agreement between the City of Odessa, Missouri, and the 1912 Development Group, LLC and authorizing the Mayor to execute the contract. Karen Findora, City Clerk Resoution No. 2024-18 Proposed Resolution authorizing the City Administrator to Fireworks Display Contract execute the Turn-Key 1-Year Contract for Services with Premier Pyrotechnics for the annual fireworks display. Karen Findora, City Clerk Discussion Item Mayor Bryan Barner Use of Fireworks in the City of Odessa Next Scheduled Meeting Monday, June 24, 2024 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: June 11 @ 9:30 am – Municipal Court @ Community Bldg. June 20 @ 7:00 p.m. – Planning Commission @ Community Bldg. June 24 @ 7:00 p.m. – Board of Alderman @ Community Bldg. June 25 @ 7:00 p.m. – Parks Board @ Community Bldg. July 4th – Independence Day – City Hall Closed July 8 @ 7:00 p.m. – Board of Alderman @ Community Bldg. Other Events: Each Thursday of the Month @ 4:00 pm – Farmers Market @ Rail Road Park June 13 @ 7:00 a.m. – Fox 4 Summer Zip Trip – Downtown Odessa June 14-15 Odessa Chamber of Commerce Rodeo @ Dyer Park Rodeo Arena June 22 @ 8:00 am – Memories Matter Walk to End Alzheimer’s – Higginsville Confederate Park July 1 – Life Line Screening @ Community Bldg. For more information, please visit the City of Odessa website. ELECTED OFFICIALS Mayor Bryan 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 Posted June 7, 2024 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 | www.cityofodessamo.com  City of Odessa, Missouri Board of Aldermen Odessa Community Building | 601 W. Main Street Regular Meeting ~ May 13, 2024 | 7:00 p.m. Meeting Minutes MEDIA LINK 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 Present Alderman Vacant Alderwoman Mickey Starr Present Alderman Collin Carrigan Present OTHERS IN ATTENDANCE Shawna Davis, City Administrator Darrin Lamb, Streets/Water – Absent Karen Findora, City Clerk Troy Woutzke, Electric Josh Thompson, Police Chief Kenny Snider, Wastewater James Newell, Lauber Municipal Law, LLC PUBLIC IN ATTENDANCE Hannah Spaar, Odessan Laura Sanders Amanda Plachte Kelley Burrus Deborah Fiene Scott & Amy Burnett APPROVAL OF CONSENT AGENDA Approval of minutes ● April 22, 2024 – Regular Session Alderwoman Ehlert moved to approve the consent agenda and the meeting minutes for April 22, 2024, seconded by Alderwoman Starr. Motion carried 5-0 MAYOR REPORT Mayor Barner has been quite busy since taking office. He recently attended a Chamber of Commerce luncheon and the National Day of Prayer event hosted by the Faith Alliance, where he read a Proclamation. He expressed his gratitude to the Electric Department, the City of Harrisonville, the City of Higginsville, and other city crews for their help in repairing the damaged power poles. The Mayor also informed the Board that two Journeymen and one Apprentice had traveled to Carthage, MO to assist with storm damage. Additionally, Mayor Barner mentioned that all official flags would be replaced with proper lighting in the next few months. He also encouraged residents to share their opinions by filling out the City survey, that is also available in hard copy at city hall. PROCLAMATION: “Local Government Week” May 6-10-2024 Mayor Barner had graciously issued a proclamation designating May 6-10, 2024, as Local Government Week and expressed sincere gratitude to all city staff for their dedicated service. ALDERMEN REPORTS ● Alderman Carrigan thanked the city employees for their work on the damaged power poles and acknowledged that not all city employees don’t always get to clock out at 5:00 p.m. as they work 24/7 when needed. ● Alderman Carey thanked the staff for their hard work. He stated that there is an enormous amount of work to fix and replace issues that occur in the city. He mentioned that citizens are recognizing the great job that city staff is doing. ● Alderwoman Ehlert thanked the staff for the 225-page agenda, emphasizing the substantial effort required behind the scenes to compile the packet and expressing her appreciation for the hard work. ● Alderwoman Polson – No Report ● Alderwoman Starr thanked staff for their work on the damaged power outage. Alderwoman Starr stated that she had trouble completing the survey. Shawna Davis, City Administrator, mentioned that the issue had been fixed and urged residents to participate in the survey. CITY ADMINISTRATOR REPORT Shawna Davis, City Administrator, provided a brief update on the city's happenings. PUBLIC COMMENTS None. OLD BUSINESS None NEW BUSINESS APPOINTMENT “Alderman Ward 2” Mayor Barner asked for a motion to approve the appointment of Mike Plachte as Alderman Ward 2 to fill the vacancy with the term set to expire in April 2025. Motion was made by Alderwoman Ehlert to appoint Mike Plachte as Alderman Ward 2 to fill the vacancy with the term set to expire in April 2025, seconded by Alderman Carey. Motion carried 5-0. Adjourn Sine Die Alderwoman Starr made a motion to adjourn Sine Die at 7:19 p.m., seconded by Alderman Carrigan. Motion carried 5-0. The meeting was recessed briefly for the Oath of Office of the newly elected official. CALL TO ORDER Mayor Bryan Barner called the meeting to order at 7:24 p.m. 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 Present Alderman Mike Plachte Present Alderwoman Mickey Starr Present Alderman Collin Carrigan Present APPOINTMENT “Boards & Commissions” Mayor Barner stated that, due to having family on one of the boards and commissions, he would recuse himself from voting. Mayor Pro-Tem Donna Ehlert stepped in, and Mayor Barner stepped out of the room. Mayor Pro-Tem Ehlert asked for a motion to approve the appointments for the Planning Commission: Matthew Modlin and Vicki Pavlovsky. Alderwoman Starr made a motion to approve the Planning Commissioner appointments, seconded by Alderman Carey. Motion carried 6-0. Mayor Pro-Tem Ehlert asked for a motion to approve the appointments for the Board of Adjustment: Jason Hawkins and William “BJ” Begeman. Alderwoman Starr made a motion to approve the Board of Adjustment appointments, seconded by Alderman Carey. Motion carried 6-0 Mayor Pro-Tem Ehlert asked for a motion to approve the appointments for the Board of Appeals: Rick Barker and Dennis Summers. Alderwoman Starr made a motion to approve the Board of Appeals appointments, seconded by Alderman Plachte. Motion carried 6-0 Mayor Pro-Tem Ehlert asked for a motion to approve the appointments for the Parks Board: Gerald Gitteneger, Alan Barner, Logan Seals. Alderman Carey made a motion to approve the Parks Board appointments, seconded by Alderman Carrigan. Motion carried 6-0 Special Event Permit “Puddle Jumper Days Street Closure” Laura Sanders, President Odessa Puddle Jumper Days is requesting street closure Thursday – Saturday, August 1-4, 2024 for the annual Puddle Jumper Days event. Ms. Sanders stated that the carnival will have all the rides off the street by 9:00 a.m. Sunday morning so that traffic will not be impeded. She went on to say that the streets need to be closed on Monday, due to inspections that have to be completed for safety. Motion was made by Alderwoman Ehlert, to approve the Special Event Permit for street closure for the annual Puddle Jumper Days event, seconded by Alderwoman Starr. Motion carried 6-0. Special Event Permit “Annual Downtown Wine Walk” Kelley Burrus, Downtown Odessa Merchants Group requested street closer for Saturday, June 8, 2024 from 3:00 p.m. – 9:00 p.m. for the annual Wine Walk. Ms. Burrus wanted to confirm if barriers would be in place. Chief Thompson stated that barriers would be placed on the outer streets so that no traffic can impede the area. Just like it is set up for the annual Halloween event. Alderwoman Polson wanted to make sure there was enough time for everyone to get their picnic and caterer's permits for alcohol. Motion was made by Alderman Carey, to approve the Special Event Permit for street closure for the annual Wine Walk event, seconded by Alderman Plachte. Motion carried 6-0. Motion of Approval “MOU for 2024-2025 School Resource Officers” Alderwoman Ehlert made a motion to approve the MOU for 2024-2025 School Resource Officers with the Odessa Missouri R-VII School District, seconded by Alderwoman Starr. Motion carried 6-0. Presentation “Crisis Intervention Program Chief Thompson gave a presentation on the Crisis Intervention Program. Resolution No. 2024-12 “Law Enforcement Security Services” Mayor Barner read the proposed Resolution authorizing the Mayor to execute the Law Enforcement Security Services (“MOU”) Memorandum of Understanding with the First Baptist Church-Odessa. Motion was made by Alderwoman Ehlert, to approve Resolution No. 2024-12, second by Alderman Carey, and carried with the following vote. Motion carried 6-0. Resolution No. 2024-13 “Emergency Dispatching Agreement” Mayor Barner read the proposed Resolution authorizing the Mayor to execute the emergency dispatching agreement with the City of Higginsville. Motion was made by Alderwoman Starr, to approve Resolution No. 2024-13, second by Alderwoman Polson, and carried with the following vote. Motion carried 6-0. Resolution No. 2024-14 “CivicPlus” Mayor Barner read the proposed Resolution authorizing the Mayor to execute the Statement of Work (“SOW”) agreement with CivicPlus (formerly known as Municode) for supplementation and codification of the City of Odessa Code of Ordinances. Motion was made by Alderwoman Polson, to approve Resolution No. 2024-14, second by Alderman Carrigan, and carried with the following vote. Motion carried 6-0. Resolution No. 2024-15 “Cloudpermit Software” Mayor Barner read the proposed Resolution authorizing the Mayor to execute the agreement between the City of Odessa and Cloudpermit for software services for building permits, code enforcement, licensing and registration. Motion was made by Alderwoman Ehlert, to approve Resolution No. 2024-15, second by Alderman Carrigan, and carried with the following vote. Motion carried 6-0. Resolution No. 2024-16 “Lafayette County Gun Club” Mayor Barner read the proposed Resolution authorizing the Mayor to execute the agreement with the Lafayette County Gun Club and the Odessa Police Department for private use of the firearms training range. Motion was made by Alderwoman Ehlert, to approve Resolution No. 2024-16, second by Alderwoman Starr, and carried with the following vote. Motion carried 6-0. Resolution No. 2024-17 “Contract Agreement” Mayor Barner read the proposed Resolution authorizing the Mayor to enter into a contract agreement between the City of Odessa and Triple C Underground for the construction of a waterline located in Downtown Odessa. Motion was made by Alderwoman Ehlert, to approve Resolution No. 2024-17, second by Alderman Carrigan, and carried with the following vote. Motion carried 6-0. Bill No. 2024-08 Introduction and 1st Reading – “MPUA Mutual Aid Agreement” Mayor Barner read the proposed Ordinance authorizing the Mayor to execute the Mutual Aid Agreement with MPUA. Motion was made by Alderwoman Ehlert, to adopt Bill No. 2024-08 upon its first reading and pursue to second reading. Motion seconded by Alderman Carrigan, and carried with the following vote. Motion carried 6-0. Bill No. 2024-08 Introduction and 2nd Reading – “MPUA Mutual Aid Agreement” Mayor Barner read the proposed Ordinance authorizing the Mayor to execute the Mutual Aid Agreement with MPUA. Motion was made by Alderwoman Polson, to adopt Bill No. 2024-08 upon its second reading. Motion seconded by Alderman Carrigan, and carried with the following vote. Motion carried 6-0. Roll call vote as follows: Alderman Carrigan yes Alderwoman Ehlert yes Alderman Carey yes Alderwoman Polson yes Alderwoman Starr yes Alderman Plachte yes Motion carried 6-0. Bill No. 2024-08 became Ordinance No. 3120 Next Regular Scheduled Meeting: Monday, May 27, 2024, at 7:00 p.m. Cancelled due to Memorial Day Monday, June 10, 2024, at 7:00 p.m. Regular Session Adjourn There being no further business to come before the Board of Alderman, a motion was made by Alderwoman Ehlert, seconded by Alderman Carey, to adjourn the meeting at 8:15 p.m. Motion carried 6-0. Approved: CITY OF ODESSA _______________________ ________________________________ Bryan Barner, Mayor ATTEST _____________________ Karen Findora, City Clerk  Odessa Police Department 310 S First Street • Odessa, MO 64076 Phone: 816-633-7575 • Fax: 816-633-7221 • odessapd@cityofodessamo.com June 5, 2024 Shawna, Officers worked over 747 incidents in May. Here are just a few statistics: * 134 traffic stops resulting in 8 vehicle searches and 27 arrests. 1 in 5 stops resulted in a citation/ticket. 14% of these traffic stops were conducted on city streets and residential areas (86% State highways i.e., 131, 40, and OO) * 7 charged felony investigations * 67 mental health calls, check the well-being calls, citizen assist calls, or similar calls * 13 various disturbances * 32 assist other agency calls * 65 follow-up investigations on previously reported incidents On May 2, 2024, Captain Liese and Lieutenant Salmon attended the Odessa Prayer Breakfast at the Church of Christ. There was a nice service and breakfast meal provided. On May 10, 2024, nearly 550 5th grade DARE graduates attended the 2024 Lafayette County Law Enforcement Day in Higginsville. This was the 30th annual Law Enforcement Day! SRO Dyllan Ratigan, SRO Greg Daniel, Sergeant Derek Zarda with Hawkeye, Detective Phillip Salmon, Officer Ty Bell, Officer Austin Summitt, Officer Kane Dobson, and I attended the event and had a great time interacting with all of the students. Odessa graduated about 160 DARE students from the program, and they were all able to attend. We shared some photos of the event on social media. May 12-18, 2024, we celebrated National Police Week. In 1962, President John Kennedy proclaimed May 15 as National Peace Officers Memorial Day. National Police Week was then established by joint resolution of Congress and pays special recognition to those peace officers who have lost their lives in the line of duty for the safety and protection of others. According to the Officer Down Memorial Page, there have already been 61 line of duty deaths in 2024 in the United States (including Officer Cody Allen and Chief of Police Steven Singer). I would encourage everyone to visit the ODMP website and read the stories. On May 14, 2024, the Odessa Municipal Court was held at its new date and time. The new date and time will help municipal court staff process cases as well as police staff, attorneys and the municipal judge manage the court docket more efficiently. On May 15, 2025, Captain Liese and I met with our current police software vendor – Caliber Public Safety. Higginsville 911 hosts the software and we lease the software from Higginsville. Our discussion involved acquiring an eCitation (electronic citation and ticketing) module to assist police staff in issuing, processing and uploading issued citations into the police software and state software systems. Instead of filling out a paper form during a traffic stop, a law enforcement officer can scan the bar code on a driver's license and use the transmitted information to automatically populate a citation form on an electronic device. The officer can then print the citation for the motorist and send the citation digitally to the courthouse. Here are some other things you should know about this increasingly popular technology. An eCitation product automates forms, reduces errors, increases efficiency, increases officer safety and saves money. On May 21, 2024, we kicked off our implementation of our new Cloudpermit Professional Services permitting and code enforcement software. A schedule of implementation was agreed and we provided Cloudpermit with documentation 1|Page necessary for them to build the software to the needs of Odessa. We hope the entire project is completed and fully operational by this late summer, early fall. On May 23, 2024, I met with Mayor Bryan Barner regarding steps my staff and I have completed to provide information on the proposed ½ cent Public Safety Sales Tax to the Odessa community. If passed, the sales tax would be used to fund the construction of a new justice center, more staffing, and additional public safety needs. I have presentations scheduled in the upcoming months. Police Clerk Jenny Riedl helped prepare a QR code for a public safety survey that was mailed out to utilities customers. I hope the survey will provide administration and elected officials with information and incite from the community. In addition, I procured table top tents with a QR code directing the public to our City website designed to provide public safety sales tax information. I’ve included both documents with my report. On May 29, 2024 the Missouri River CIT (Crisis Intervention Team training) program graduated a spring class of CIT trained police officer. Officer Kane Dobson, Officer Ty Bell and Officer Samantha Bell all completed the training and received their CIT credentials. I’m proud that our entire Odessa police staff have basic CIT certification. Officer Andrew Lockhart assistance as an instructor for the class. As you know, I’ve brought many mental health programs and training to the Odessa Police Department and the Odessa community. Our crisis intervention program is helping many (old and young) in need every day. On May 30, 2024, Captain Liese and Officer Mat Osborn held our first firearms training under the new agreement with the Lafayette County Gun Club. Law enforcement use of the range was agreed to between the LCGC and the City of Odessa. This training involved partnering with the Higginsville Police Department. Respectfully, Josh Thompson Chief of Police & Emergency Management Director 2|Page 3|Page 4|Page  IN THE CIRCUIT COURT OF LAFAYETTE COUNTY, MISSOURI CITY OF ODESSA MUNICIPAL DIVISION The Municipal Division of the Circuit Court of Lafayette County for the City of Odessa was held in regular session on May 14, 2024, at 9:30 am. Court is held in the Community Building Courtroom at 601 W Main St, Odessa. Municipal Presiding Judge: Carl Scarborough City Prosecuting Attorney: Jeffrey W. Deane Municipal Court Clerk: Jennifer LeBlanc In compliance with COR 4.29, please find attached the monthly Municipal Division Summary Reporting Form. The next scheduled court date is June 9, 2024, at the Odessa Community Building.  Office of Mayor Bryan D. Barner City of Odessa, Missouri Proclamation WHEREAS, President Abraham Lincoln signed the Emancipation Proclamation on January 1, 1863, declaring the slaves in Confederate territory free, paving the way for the passing of the 13th Amendment which formally abolished slavery in the United States of America; and WHEREAS, word about the signing of the Emancipation Proclamation was delayed some two and one-half years, to June 19, 1865, in reaching authorities and African- Americans in the South and Southwestern United States; and WHEREAS, Emancipation Day observations are held on different days in different states in the South and Southwest, and in other parts of the nation; and WHEREAS, June 19th has a special meaning to African-Americans, and is called “JUNETEENTH” combining the words June and Nineteenth, and has been celebrated by the African-American community for over 150 years; and 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 June 19, 2024, as JUNETEENTH in the City of Odessa, Missouri, and urge all citizens to become more aware of the significance of this day in African-American History and in the heritage of our nation and City. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Odessa, Missouri, to be affixed this 10th day of June the year of our Lord two thousand and twenty-four. Signed Mayor Bryan D. Barner ATTEST: ____________________________ Karen Findora, City Clerk  Special Event Permit Application 125 S. 2nd St. Odessa, MO 64076- (816) 230-5577 ~ Fax (816) 633-4985 Application must be completed in full and turned into City Hall no less than 4- weeks prior to date of event. Name of Event: \f\r\ t D l/v\ , ssov. ifL t 1 ttz /)--e \OlL Q_L u a W\ Ervio �, JH'.__. C te.. 01 Sf Type of Event: 1 R A-c__ rv fl_ c. -e u rs e Date of Event:� rv E ':A;;>_ ';)o :l V Set up time: IO uA'rv\, Tear down time: ;)• do.t)h ✓ I 1 Location of Event: ____________________________ StreetClosure: _____________________________ Time of StreetClosure: To: __________ From: ________ Have all addresses affected by the street closure been contacted: YesD NO <(_ p,Pj)_O ��5 \ t; Police Dept. Assistance: Yem No □ Applicant's Name=35E JJ 11 A n V JO U I\J b Phone: Email: b tj OU.� :) I d-LJ @ SjlA V\to · C,o Y"1 Address: ea box Lo(e City N l+ fO LED rJ StatJV\ 0 ZipCode i t/o 7 (/ Organization's Name: (I½ \ \) \rv\ \ SSuu (/.. \ ·1(2. A-Cf>� {!_ L. I).D Phone:_________ Address: ___________Citg-Y..-l N&ToAJ State MDzipCode {;,.foG? Event's On-SiteCoordinator:_:] ____-=-2---'-N_/ -'-\ _A_-'-¼-�_U_N_G c _____Phone: �/ /_p ·� 4 f q-) 3 5-0 AdditionalConsideration: JZs::r 6-e �u,sNG ,�A-t,f< Srflf:E-1·s I w \f\/\E)vt.ort.u of l.- u� @ (.D � t7'L pM-'rd- } �: 00 *Any events that will include e sale of Ii • I be required additional licensing in accordance with the City of Odessa and the State of Miss u Approved/ Date:___ Denied/ Date:___ Nici Wilson, City Administrator Bryan Barner, Mayor 4.13.2022  Special Event Permit Application 228 S 2nd St. Odessa, MO 64076 (816) 230-5577 ~ Fax (816) 633-4985 www.cityofodessamo.com karen.findora@cityofodessamo.com Application must be completed in full and turned into City Hall no less than 4- weeks prior to date of event. Name of Event: R/C Rainforest Challenge USA (Round #3) Type of Event: 10th scale Radio-controlled Rock Crawling Competition Date of Event: 06/22/24 Set up time: 8am Tear down time: 5pm Location of Event: Odessa Lake Reservoir Street Closure: Time of Street Closure: From: N/A ______ To: _____________________________ Have all addresses affected by the street closure been contacted: Yes ___ ✔ No___ ✔ Police Dept. Assistance: Yes___ No___ ✔ Electric Dept. Assistance: Yes___ No___ Will you have alcohol: ✔ (State of Missouri Liquor regulations must be met before the event) Yes___ No___ Applicant’s Name: Matt Dankenbring Phone: 816-730-5314 Email: muddauber7@gmail.com ________ Address: 104 N. Austin St. City Oak Grove State MO Zip Code 64075 Organization’s Name: Kansas City Scale Motorsports Phone: 816-730-5314 Address: 104 N. Austin St. City Oak Grove State MO Zip Code 64075 Event’s On-Site Coordinator: Matt Dankenbring Phone: 816-730-5314 Please give a very detailed description of the event(s) taking place: R/C Rock Crawling events are great family fun for all ages. Competiton events will consist of 10th scale electric powered vehicles being driven on designated courses, and are no more than 4-5ft away from the operator at any given time. Please reference the added notes to this email for more event details and information. *Any events that will include the sale of liquor will be required additional licensing in accordance with the City of Odessa and the State of Missouri Liquor regulations. All liquor license must be submitted to the City before the event. 06/03/2024 Permit Received By: Date: City Clerk Approved / Date:_____ Denied / Date:__________ __________________________ Stephen L. Wright, Mayor 01.25.2023 Request for Street Closure v  BOARD OF ALDERMEN ACTION REPORT ISSUE: Motion to extend the current business license period to August 31st. ACTION REQUESTED: Motion to extend the current business license period to August 31st. BACKGROUND: City staff are currently working to implement a new online automated permitting process that will allow residents and business owners to apply for and track licenses and permits. To give staff the time to implement and test the platform successfully, we are asking that the current license period be extended to August 31st. The software platform is anticipated to be publicly available by July 1st allowing businesses a two-month renewal period. Renewed licenses will be for the period covering the date issued to June 30th, 2025. FINANCIAL CONSIDERATIONS: None ATTACHMENTS: None PREPARED BY: ______ DATED: June 10, 2024 Shawna Davis, City Administrator  BOARD OF ALDERMEN ACTION REPORT ISSUE: Enter into a real estate and redevelopment agreement for the sale of the 1912 Building property, located at 310 S 1st Street, Odessa. ACTION REQUESTED: 1st & 2nd Reading of Bill No. 2024-09 approving the real estate purchase and redevelopment agreement between the City of Odessa, Missouri and the 1912 Development Group, LLC and authorizing the Mayor to execute the contract. BACKGROUND: In the Fall of 2022, the City of Odessa requested proposals for the purchase and use of the historic 1912 Public School Building located at 310 S 1st Street in Odessa. The property was originally acquired on November 2nd, 2009 and the building was once part of the Odessa R-VII School District. It is approximately 38,850 square feet. One bid was received by JHW Investments, LLC now referred to as The 1912 Development Group, LLC. The bid consisted of a proposal to purchase the building for $100,000 for redevelopment to approximately 25-30 affordable maintenance-free housing units. Last year, the City of Odessa processed the lot split and vacation of the existing alley through Planning and Zoning to separate the North lot for a future site for a Public Safety Facility. Tonight the Board of Aldermen are being asked to approve the final real estate purchase and redevelopment agreement between the City of Odessa and The 1912 Development Group, LLC for the redevelopment of the Historic 1912 School Building. This is the final step in the sale of this property and will allow the steps towards the redevelopment of this site to officially begin. FINANCIAL CONSIDERATIONS: None ATTACHMENTS: None PREPARED BY: ______ DATED: June 10, 2024 Shawna Davis, City Administrator BILL NUMBER: 2024-09 ORDINANCE NUMBER: 3121 AN ORDINANCE APPROVING THE REAL ESTATE PURCHASE AND REDEVELOPMENT AGREEMENT BETWEEN THE CITY OF ODESSA, MISSOURI AND THE 1912 DEVELOPMENT GROUP, LLC AND AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT WHEREAS, the City of Odessa issued Bid No. 09-22, which requested proposals for the purchase and use of the historic 1912 Public School Building (“1912 Building”) at 310 S. First Street; and WHEREAS, The 1912 Development Group, LLC responded and proposed the purchase and use of the 1912 Building for approximately 25-30 affordable, maintenance-free housing for persons 55 years of age or older, with additional details; and WHEREAS, the Board of Aldermen desires to award the real estate purchase agreement to The 1912 Development Group, LLC. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF ODESSA, MISSOURI, AS FOLLOWS: SECTION 1. The Board of Aldermen of the City of Odessa hereby accepts the bid of The 1912 Development Group, LLC for the purchase of 310 S. First Street in substantial conformity with the terms shown in Exhibit A, the Purchase and Redevelopment Agreement, in an amount not to exceed $100,000 dollars and incorporated by this reference as set out here in full, together with such changes therein as shall be approved by the officers of the City executing same which are consistent with the provisions and intent of this legislation and necessary, desirable, convenient, or proper in order to carry out the matters herein authorized. The Mayor, City Administrator, and other appropriate City officials are hereby authorized to execute the Agreement and such additional documents and take any and all actions necessary, desirable, convenient, or prudent in order to carry out the intent of this legislation. SECTION 2. That this Ordinance shall be in full force and effect from and after the date of its passage approval. SECTION 3. That the City Clerk is hereby authorized to correct any scrivener’s errors contained herein. Read the first time by title only and approved by the Board of Aldermen of the City of Odessa, Missouri, this 10th day of June, 2024. Read the second time by title only and passed by the Board of Aldermen and approved by the Mayor of the City of Odessa, Missouri this 10th day of June, 2024. ________________________________ Bryan Barner, Mayor ATTEST: ________________________________ Karen Findora, City Clerk  EXHIBIT A PURCHASE AND REDEVELOPMENT AGREEMENT  PURCHASE AND REDEVELOPMENT AGREEMENT THIS PURCHASE AND REDEVELOPMENT AGREEMENT (hereinafter referred to as “Agreement”) is made and entered into on this ______ day of _________________, 2024 (the “Effective Date”), by and between the CITY OF ODESSA, MISSOURI, a Missouri municipal corporation (“City”) and THE 1912 DEVELOPMENT GROUP, LLC, a Missouri limited liability company (“Developer”) (hereinafter referred to collectively as the “Parties” and individually as a “Party”). RECITALS WHEREAS, Developer has submitted a response to the City’s Request for Proposals, Bid No. 09-22 (the “RFP”) for the purchase and redevelopment of the historic 1912 School Building and associated improvements located at or about 310 S. First Street in Odessa, Missouri; WHEREAS, the 1912 School Building is situated on a tract of land located between East Dryden Street to the north and East Orchard Street to the south (the “Land”) as shown on the Final Plat of Historic 1912 Building, a Replat of Lots 1-7, Block 1, Russell’s Fourth Addition Subdivision (the “Plat”); WHEREAS, the Developer will purchase Lot 1B of the Plat (the “Property”) upon which is located the 1912 School Building and associated structures, including a Cafeteria Building and Gymnasium, and Lot 1A of the Plat will be retained by the City; WHEREAS, the Parties desire to enter into this Agreement to set forth the obligations of the Parties with respect to the purchase, redevelopment and use of the Property. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, the Parties hereto hereby agree as follows: 1. Transfer of the Property. A. The Property. The Property is described as Lot 1B of the Final Plat of Historic 1912 Building, a Replat of Lots 1-7, Block 1, Russell’s Fourth Addition Subdivision, as shown on the copy of said Plat which is attached to this Agreement and incorporated herein by reference as Exhibit A. B. Agreement to Transfer the Property. The City shall transfer the Property to Developer pursuant to a Quit-Claim Deed. The Property will be conveyed in an “as-is” condition with no warranties. C. Consideration. The consideration to the City for the transfer of the Property to the Developer shall be: (1) Developer’s agreement to complete the Project Improvements in accordance with this Agreement; and (2) One Hundred Thousand and No/100 Dollars ($100,000.00). 1  D. No Incentives. No public economic development incentives or public assistance shall be provided to the Project by the City. 2. Inspection A. Developer shall be under no obligation to purchase the Property or otherwise perform under this Agreement unless Developer determines the Property to be, in all respects, suitable for its intended purposes. The decision as to whether the Property is suitable for its intended purposes shall be the sole decision of Developer, determined in the absolute discretion of Developer, with Developer’s decision being final and binding upon both Parties. Developer shall have until August 10, 2024 to notify City of its termination of this Agreement due to Developer's determination that the Property is unsuitable for its intended purpose ("Inspection Period"). B. During the Inspection Period, City shall afford Developer reasonable access to the Property to conduct any inspections deemed necessary by Developer. Developer authorizes Developer’s inspector(s) to provide City with a copy of any written inspection report obtained by Developer. Developer shall pay for any damage to the Property resulting from the inspections(s) and assumes all risk of lost associated with such inspections. C. The City shall cooperate with Developer in obtaining any approvals required from any Federal, State, or Local Government ("Governmental Approvals") necessary for Developer to satisfy their needs during the Inspection Period for the suitability of the Property. Notwithstanding the foregoing, any Governmental Approval required by the City, or otherwise sought from the City by the Developer shall be processed and reviewed in the same manner as such Governmental Approvals are otherwise processed and reviewed by the City in full conformity with the City’s Code of Ordinances and other applicable laws. Said Governmental Approvals shall be obtained during the Inspection Period unless the Parties agree otherwise. Any additional agreements related to this Section must be done in writing and attached to this Agreement. Notwithstanding the foregoing, the Developer represents and confirms that the current zoning of the Property is suitable for its proposed use of the Property 3. Utilities/Maintenance/Casualty Loss A. City agrees to leave all utilities on until the day after the Closing Date unless otherwise agreed in writing. B. City agrees to perform ordinary and necessary maintenance, up-keep and repair to the Property and to keep the improvements on the Property fully insured until delivery of City’s Quit-Claim Deed to Developer. If before the delivery of the Deed to Developer, improvements on the Property are damaged or destroyed by fire or other causes including those that could be covered by what is known as fire and extended coverage insurance, the Parties agree that the risk of damage or 2  destruction shall be borne as follows: If the damage is minor, City may repair and replace the Property, if the work can be completed before the Closing Date. If City elects not to repair or replace the Property, or if the damage is substantial, City shall notify Developer in writing and Developer may enforce or cancel this Agreement by written notice to City within ten (10) days after receiving notice of the damage or destruction of the Property. If Developer elects to enforce this Agreement, the Purchase Price shall not be reduced and the Property shall be conveyed in its existing condition at the time, provided City shall credit Developer the insurance deductible and assign City’s fire and extended coverage proceeds to Developer at closing. 4. City’s Disclosures A. In order to meet the Developer’s obligations during the Inspection Period, the City shall be required to provide the following documents and records, to the extent they are within the possession or control of the City, at the City’s sole cost and expense, with the City providing such disclosures within twenty (20) calendar days after the Effective Date of this Agreement: 1. Title Commitments: Any prior title commitments for the Property that are in the possession of the City; 2. Agreements: A true and correct copy of all management agreements and contracts affecting the Property, if any; 3. Studies And Reports: All copies in the City’s possession of studies and/or reports which have previously been performed in connection with or for the Property, including without limitation, environmental reports, soils studies, seismic studies, physical inspection reports, site plans and surveys, and identification of such studies of which City is aware but are not in its possession; and 4. Written Notices: All copies of written notices relating to a violation of a local, state, or federal law including, without limitation, environmental laws relating to land use, zoning compliance, or building codes, if any. 5. Closing A. The closing of the transaction contemplated by this Agreement shall take place at a time and place to be mutually agreed upon by Developer and City on a date no later than October 8, 2024 (“Closing Date”). Any extension of the Closing Date must be agreed upon, in writing, by the Parties. 3  B. Any applicable taxes, rents, fees, and expenses relating to the Property for the year in which the sale is closed shall be paid by the City and prorated as of the Closing Date. C. The costs associated with the Closing of the Property shall be the responsibility of Developer. D. As a condition to Closing, the Lease Agreement, defined in Section 6, below, shall be executed by the Parties at or prior to Closing. E. Developer and City agree that before the recording of the Quit-Claim Deed can take place, funds provided shall be in one (1) of the following forms: cash, interbank electronic transfer, money order, certified check or cashier’s check drawn on a financial institution located in the State of Missouri, or any above combination that permits the City to convert the deposit to cash no later than the next business day. 6. Police Station Lease. At or prior to Closing the City and the Developer shall enter into a lease agreement in substantially the form attached as Exhibit B hereto and incorporated herein by reference (“Lease Agreement”) for the grant of a leasehold interest in those portions of the Property necessary for the continued use and operation of the City of Odessa Police Department and Emergency Management Department (the “Police Station”) in its current location and use. For the first three years of the term of the Lease Agreement the Police Station may remain at its current location without payment of rent. Beginning in year four of the Lease Agreement, rent will be $1,000 per month, subject to a $500 increase in monthly rent every two years thereafter. Upon relocation of the City’s Police Station from the Property and cessation of use of the Police Station located on the Property, the City will provide notice of such relocation to the Developer (the “Police Station Relocation Notice.”) 7. The Project. The Developer will convert the 1912 School Building into approximately 25-30 units of affordable maintenance free housing intended to serve residents 55 years of age or older, as demand permits (the “Project”); however, the determination as to whether the housing component of the Project will be limited to residents 55 years of age of older is subject to the Developer’s sole determination. The Project will involve demolition of the Cafeteria Building and renovation of the School Building and Gymnasium, and include the following “Project Improvements”: A. School Building Renovations: 1. Approximately 25-30 apartments. 2. ADA upgrades. 3. Elevator upgrades. 4. Creation of community space (which may be used by the City through a rental agreement for a 10-year term at rent of $1.00 per year). 5. Upgrade HVAC and electrical. 6. Stair and handrail upgrades. 4  7. Energy efficient lighting. 8. Roofing repairs. 9. Flooring repairs and refurbishing. 10. Insulations and new paint throughout building. B. Gymnasium Upgrades: 1. Stair and handrail upgrades as needed. 2. Energy efficient lighting. 3. HVAC upgrades. 4. New paint throughout and general cleaning. 8. Redevelopment Schedule. The Developer will commence construction of the Project Improvements no later than ninety (90) days following the Closing Date or such later date as may be agreed to by the City. The Project Improvements will be completed within one (1) year after City provides the Police Station Relocation Notice to Developer (the “Project Deadline”). 9. Developer Failure to Construct Project. The Developer agrees it is a material inducement to consummate the Closing of the transfer of the Property by the City that the Developer complete the Project Improvements in accordance with this Agreement and by the Project Deadline. In the event of a default by the Developer in the completion of the Project Improvements as set forth herein (“Completion Default”), the City shall have all the remedies set forth in this Section available to it. The City shall designate in any notice of Completion Default to the Developer which of the following remedies are being elected by the City. The City’s election of one of the following remedies shall preclude the City from pursuing any of the other remedies set forth in this Section and the City shall take action to release any security (bond, letter of credit, escrow deed, etc.) being held by the City for the remedies set forth in this Section for those remedies that the City does not elect to pursue. A. Letter of Credit. The Developer will deliver to the City at or prior to Closing a letter of credit in a form approved by the City (the “Letter of Credit”). The amount of the Letter of Credit will be the estimated total cost of Project Improvements. The Letter of Credit will guaranty Developer’s performance under this Agreement. The Letter of Credit shall remain in full force and effect until a Certificate of Substantial Completion for the Project Improvements is issued by the City, at which time the Letter of Credit will be released. B. Reconveyance. The Developer will deliver to the City at or prior to Closing a Quit-Claim Deed conveying the Property from the Developer to the City, which Deed shall be held in escrow pursuant to an escrow agreement that provides that the City may elect, upon notice to the escrow agent of a default under this Agreement, to have the Property reconveyed from the Developer to the City. In the event the City elects this remedy upon a Developer default, the City and the Developer shall agree on an appraiser and have the Property appraised, and the City shall pay fair market value to the Developer as consideration for the reconveyance of the Property to the City. 5  10. Notices A. All notices shall be in writing and may be delivered by the following acceptable method(s): E-Mail, Certified Mail (with return receipt), and Personal Delivery. Such notices shall be sent to the respective Parties’ email and mailing address listed below: A. Developer 1. Physical Address: 213 W. Mason Street, Suite B, Odessa, MO 64076 2. Email Address: mscinvestmentsllc@gmail.com C. City 1. Physical Address: City of Odessa, Attn: City Administrator, 228 S. 2nd Street, Odessa, MO 64076 2. Email Address: shawna.davis@cityofodessamo.com 11. Cure Period. Prior to any claim of default being made, either the Developer or City shall have an opportunity to cure any alleged default. If either Developer or City fails to comply with any provision of this Agreement, the other party will deliver written notice to non-complying Party specifying non-compliance. The non-complying Party shall have thirty (30) calendar days after delivery of such notice to cure non-compliance; provided, that if such default cannot be fully remedied within such thirty (30) calendar day period, but can reasonably be expected to be fully remedied and the non-complying Party is diligently attempting to remedy such default, such default shall not constitute an event of default if the non-complying Party shall immediately upon receipt of such notice diligently attempt to remedy such default and shall thereafter prosecute and complete the same with due diligence and dispatch. Notwithstanding the foregoing, the maximum cure period for a Completion Default by the Developer under Section 9 is sixty (60) days. 12. City’s Default. If the sale and purchase of the Property contemplated by this Agreement is not consummated on account of City’s default or failure to perform hereunder, Developer may, at Developer’s option and as its sole remedy, elect to either: A. Specifically enforce the terms hereof; or B. Terminate this agreement. 13. Developer’s Default. For any other Developer default under this Agreement other than a Completion Default as addressed in Section 9, if the sale and purchase of the Property contemplated by this Agreement is not consummated on account of Developer's default hereunder, City shall be entitled, as its sole and exclusive remedy hereunder, recovery of its actual damages, if any, and City hereby waives and releases any right to (and hereby covenants that it shall not) 6 sue Developer for any claims, injury, or loss arising from or in connection with this Agreement, including without limitation, for specific performance of this Agreement. 14. Binding Effect. This Agreement shall be for the benefit of, and be binding upon, the Parties, their heirs, successors, legal representatives, and assigns, which, therefore, constitutes the entire agreement between the Parties. No modification of this Agreement shall be binding unless signed by both Developer and City. 15. Severability. In the event any provision or part of this Agreement is found to be invalid or unenforceable, only that particular provision or part so found, and not the entire Agreement, will be inoperative. 16. Governing Law. This Agreement shall be interpreted in accordance with the laws in the State of Missouri. 17. Effective Date; Computation of Time. The “Effective Date” of this Agreement is the date on which the last one of the Parties signed this Agreement. The Parties further represent that the persons signing the Agreement are duly authorized and have full power to execute the Agreement and bind the respective Parties. Calendar days will be computed without including Saturday, Sunday, or national legal holidays. Any time period ending on a Saturday, Sunday, or national legal holiday will extend until 5:00 p.m. local time of the next business day. Time is of the essence in this Agreement. 18. Entire Agreement. This Agreement, together with any attached addendums or disclosures, shall supersede any and all other prior understandings and agreements, either oral or in writing, between the Parties with respect to the subject matter hereof and shall constitute the sole and only agreements between the Parties with respect to the said Property. All prior negotiations and agreements between the Parties with respect to the Property hereof are merged into this Agreement. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made by any party or by anyone acting on behalf of any party which are not embodied in this Agreement, and that any agreement, statement, or promise that is not contained in this Agreement shall not be valid or binding or of any force or effect. 19. Further Assurances. If at any time after the Effective Date any further action is necessary or desirable to carry out the purposes of this Agreement, each Party shall take such further action as the other Party reasonably requests. 20. Attorney’s Fees. Should any Party be forced to bring an action to enforce the terms of this Agreement, the prevailing party shall be entitled to recover reasonable attorney’s fees, costs and expenses incurred therein. 21. Headings. The section headings contained in this Agreement are inserted for convenience of reference only and shall not affect the meaning or interpretation of this Agreement. 7  22. Amendment and Waiver. No provision of this Agreement may be amended or waived unless it is set forth in writing and, if an amendment, signed by all parties hereto, and if a waiver, signed by those parties whose rights are adversely affected by the waiver. Waiver of any provision of this Agreement or of any breach hereof shall be a waiver of only the specific provision or breach and shall not be deemed a waiver of any other provision or any future breach. 23. Assignment. The Developer represents that its undertakings pursuant to this Agreement are for the purpose of redevelopment. Developer agrees that the Property and this Agreement and the rights, duties and obligations hereunder may not and shall not be transferred or assigned by Developer without the prior written consent of the Board of Aldermen, which consent shall be given if the Board of Aldermen determines that the proposed transferee has all of the qualifications and financial responsibility, as reasonably determined by the City, necessary and adequate to fulfill the obligations of Developer. Any proposed transferee shall, expressly for the benefit of City, enter into an agreement with the City obligating the assignee to assume all of the obligations of Developer under this Agreement and agree to be subject to all the conditions and restrictions to which Developer is subject. For purposes of this section, any sale, transfer, assignment, pledge or hypothecation of an interest in Developer that results in a change in management control of Developer will constitute an assignment of this Agreement. Notwithstanding the foregoing: A. Developer may at any time without the City’s consent convey the Property, assign its rights, and delegate its duties and obligations under this Agreement to any entity controlled by the Developer or the principals of the Developer, provided that the management of the entity is provided by the principals, or by an entity which they together or individually control. B. For so long as any of the principals of the Developer or their entities continues to be the managing member or managing partner of Developer or any successor entity to Developer, no sale, transfer, assignment, pledge or hypothecation of an interest in Developer, to an investor, or other person will be construed as resulting in a change of control or construed as constituting an assignment of this Agreement that requires the City’s consent. 24. Covenant Running with the Land. The provisions of this Agreement shall be covenants running with the land and shall be binding, to the fullest extent permitted by law and equity, for the benefit and in favor of, and be enforceable by, City, its successors and assigns, against Developer, its successors and assigns, and every successor in interest to the Property. Upon Closing this Agreement or a memorandum thereof shall be recorded by the City in the office of the Record of Deeds for Lafayette County. 25. Counterparts; Facsimile Signatures. This Agreement may be executed in any number of counterparts, all of which shall be taken to be one and the same instrument, for the same effect as if all Parties hereto had signed the same signature page. Receipt of an executed signature 8 page to this Agreement by facsimile or other electronic transmission shall constitute effective delivery thereof. 26. Termination. This Agreement shall terminate upon the full and complete performance and satisfaction by each Party of all of its obligations under this Agreement or any other instrument referred to herein requiring performance. [Remainder of this page left intentionally blank] 9  IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized representatives the day and year first above written. THE 1912 DEVELOPMENT GROUP, LLC By: Name:______________________________ Title: _______________________________ STATE OF MISSOURI ) ) ss. COUNTY OF ________ ) On this ____ day of _________________, 2024, before me, a Notary Public in and for said State, personally appeared _______________________________, ___________ of The 1912 Development Group, LLC, who is personally known to me to be the same person who executed, as such official, the within instrument on behalf of said The 1912 Development Group, LLC,, and such person duly acknowledged to me that she executed the same for the purposes therein stated, and that the execution of the same was the free act and deed of said The 1912 Development Group, LLC. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year above written. Notary Public My Commission Expires: 10  CITY OF ODESSA, MISSOURI By: Bryan Barner, Mayor Attest: Karen, Findora, City Clerk STATE OF MISSOURI ) ) ss. COUNTY OF LAFAYETTE ) On this ____ day of _________________, 2024, before me, a Notary Public in and for said State, personally appeared Bryan Barner, Mayor of the City of Odessa, Missouri, who is personally known to me to be the same person who executed, as such official, the within instrument on behalf of said City and such person duly acknowledged to me that she executed the same for the purposes therein stated, and that the execution of the same was the free act and deed of said City. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year above written. Notary Public My Commission Expires: 11 EXHIBIT A - PLAT 12 EXHIBIT B - POLICE STATION LEASE 13  EXHIBIT B - POLICE STATION LEASE REAL ESTATE LEASE AGREEMENT THIS REAL ESTATE LEASE AGREEMENT (“Agreement”), made and entered into this ______ day of __________________, 2024, by and between The 1912 Development Group, LLC, (“Lessor”), a Missouri limited liability company, and the City of Odessa, Missouri (“Lessee”), a Missouri municipal corporation. The Lessor and Lessee may hereinafter also be referred to individually as the “Party” and collectively as the “Parties”. Recitals and Defined Terms WHEREAS, Lessor owns Lot 1B of the Final Plat of Historic 1912 Building, a Replat of Lots 1- 7, Block 1, Russell’s Fourth Addition Subdivision in the City of Odessa, Missouri (the “Property”) which it obtained pursuant to that certain Purchase and Redevelopment Agreement between the Parties dated __________, 2024 (the “Redevelopment Agreement”); and WHEREAS, the City of Odessa Police Department and Emergency Management Department (the “Police Station”) is located on the Property and is generally shown on Exhibit A to this Agreement, and pursuant to Section 6 of the Redevelopment Agreement the Lessor had agreed to Lease certain portions of the Property to the Lessee for the continued use and operation of the Police Station by the Lessee; and WHEREAS, pursuant to the Redevelopment Agreement the parties wish to enter into this Real Estate Lease Agreement. NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants and agreements contained herein, and for other good and valuable consideration, the Parties hereby covenant and agree as follows: 1. Recitals Incorporated. The Recital and Defined Terms listed above are hereby incorporated into this Agreement as if set forth more fully herein. 2. Leased Premises. Lessor desires to lease to Lessee and Lesse desires to lease from Lessor the premises known as the Police Station and associated structures and appurtenances located on approximately _____ square feet of land located on the Property for the continued operation of said Police Station, and related purposes, located on the Property (“Lessee’s Use”), together with an appurtenant, non-exclusive leasehold easement (the “Access and Utility Easement”) over certain portions of the Property to access the Police Station all of which is collectively referred to as the “Leased Premises” and are generally shown on Exhibit A attached hereto and incorporated by reference. 3. Agreement to Lease. Lessor agrees to lease to Lessee and Lessee agrees to lease from Lessor, according to the terms and conditions set forth herein, the Leased Premises together with unrestricted access for Lessor’s uses from the nearest public right-of-way along the Property to the Leased Premises. 4. Term. This Agreement shall commence upon the Closing (as defined in the Redevelopment Agreement) of the Property, and shall continue until such time as the Lessee provides the Police Station Relocation Notice to Lessor as described in Sections 6 and 8 of the Redevelopment Agreement. 5. Rent. Lessee shall pay Lessor zero dollars ($0.00) per annum for the first three (3) years of the Agreement. Beginning in year four (4) of the Agreement, Lessee agrees to pay one thousand dollars ($1,000.00) in rent to Lessor each month. Lessee agrees that after the conclusion of year four (4) of the Agreement, Lessee’s monthly rent will be subject to a five- hundred-dollar ($500.00) increase every two (2) years thereafter. Rent payments shall be made payable to Lessor and sent to Lessor at the address set forth in Section 10, below, or such other address as Lessor may direct in writing to Lessee. 6. Care of Leased Premises and Property. Lessee shall have the responsibility to maintain the Leased Premises and any structures and appurtenances located on the Leased Premises in good repair at all times and perform all repairs necessary in a timely manner. Lessor shall have the responsibility to maintain the Property and any structures and appurtenances located on the Property, exclusive of the Leased Premises and Lessee’s structures and appurtenances on the Leased Premises, in good repair at all times and perform all repairs necessary in a timely manner. Lessor shall not interfere with Lessee’s Use. Given the sensitive nature of Lessee's Use and the associated need for security, Lessor shall have no right of access to the Police Station or associated buildings and structures beyond that of the general public. 7. Termination. Lessee may terminate this Agreement for any reason or no reason at all upon providing 30 days’ advance written notice to Lessor. Lessor may only terminate this Agreement upon Lessee’s uncured default of a material obligation of this Agreement, provided the Lessor gave written notice of the default to the Lessee and Lessee failed to: (a) correct the default within sixty (60) days of receipt of such notice; or (b) commence to cure the default within sixty (60) days of receipt of such notice and diligently pursue such cure to completion. Notwithstanding the foregoing, and in recognition that Lessee’s Use concerns the provision of law enforcement services essential to the protection of the public health, safety and welfare of the residents of the City of Odessa, in no event will any termination by Lessor be effective unless Lessor shall first give at least one-hundred-eighty (180) days’  advance written notice of termination to Lessee, with said notice to be given after Lessee’s failure to cure the default within the timeframes set forth above. 8. Insurance. Lessee agrees to carry property and liability insurance for the Leased Premises for the term of this Agreement. 9. Amendments. This Agreement shall not be effectively amended, changed, modified, altered or supplemented except with the written consent of both Lessors and Lessee. Any waiver of any provision of this Agreement or any right or remedy hereunder must be affirmatively and expressly made in writing and shall not be implied from an action, course of dealing or otherwise. 10. Notices. All notices given under this Agreement shall be in writing and shall be deemed valid when delivered in person or by mail, postage prepaid, to the following addresses, or such other addresses as either Party shall hereafter designate by notice given in accordance with this Section: Notices to Lessors: The 1912 Development Group, LLC 125 S. 2nd St. P.O. Box 128 Odessa, MO 64076 Notices to Lessee: City of Odessa, Missouri Attn: City Administrator 228S. 2nd St. Odessa, MO 64076 11. Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the Parties and their permitted successors and assigns. Lessor may only assign this Agreement to a party that is approved by the Board of Alderman of the City of Odessa as a successor Developer under the Redevelopment Agreement. 12. Governing Law. The terms of this Agreement and the rights and obligations of the Parties hereto shall be governed by and construed in accordance with the laws of the State of Missouri. 13. Binding Effect. The covenants and conditions contained in this Agreement shall apply to and bind the Parties and the heirs, legal representatives, successors and permitted assigns of the Parties. 14. Entire Agreement. This Agreement and the Redevelopment Agreement constitute the entire agreement between the Parties with regard to the subject matter hereof and supersedes all prior understandings or agreements of any kind between the Parties preceding the date of this Agreement. There are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Agreement. 15. Severability. If any provision of this Agreement shall be held to be invalid, illegal or unenforceable in whole or in part, the remaining provisions shall not be affected and shall continue to be valid, legal and enforceable as though the invalid, illegal or unenforceable part had not been included in this Agreement. 16. Joint Drafting. The Parties hereto agree that this Agreement has been jointly drafted and each Party has read the terms and provisions of this Agreement, has had an opportunity to seek legal review of the terms of this Agreement, and have agreed to abide by the terms and provisions herein. 17. Recording. Upon full execution this Agreement or a memorandum thereof shall be recorded by the City in the office of the Record of Deeds for Lafayette County. 18. Authority. The undersigned represent that they each have the authority and capacity from the respective Parties to execute this Agreement. [The remainder of this page intentionally left blank] IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above. THE 1912 DEVELOPMENT GROUP, LLC (LESSOR) By: Name:______________________________ Title: _______________________________ STATE OF MISSOURI ) ) ss. COUNTY OF ________ ) On this ____ day of _________________, 2024, before me, a Notary Public in and for said State, personally appeared _______________________________, ___________ of The 1912 Development Group, LLC, who is personally known to me to be the same person who executed, as such official, the within instrument on behalf of said The 1912 Development Group, LLC, and such person duly acknowledged to me that she executed the same for the purposes therein stated, and that the execution of the same was the free act and deed of said The 1912 Development Group, LLC. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year above written. Notary Public My Commission Expires:  CITY OF ODESSA, MISSOURI (LESSEE) By: Bryan Barner, Mayor Attest: Karen, Findora, City Clerk STATE OF MISSOURI ) ) ss. COUNTY OF LAFAYETTE ) On this ____ day of _________________, 2024, before me, a Notary Public in and for said State, personally appeared Bryan Barner, Mayor of the City of Odessa, Missouri, who is personally known to me to be the same person who executed, as such official, the within instrument on behalf of said City and such person duly acknowledged to me that she executed the same for the purposes therein stated, and that the execution of the same was the free act and deed of said City. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year above written. Notary Public My Commission Expires: EXHIBIT A – DESCRIPTION OF LEASED PREMISES  125 S 2nd Street • PO Box 128 • Odessa, MO 64076 www.cityofodessamo.com • 816.230.5577 Request for Proposals Bid No. 09-22 Historic 1912 Building The City of Odessa Board of Aldermen is seeking proposals for the purchase and use of the historic 1912 Public School Building (310 S First Street). Acquired by the city on November 2, 2009, the building once was part of the Odessa R-VII School District and is approximately 38,850 square feet. An analysis of the building was completed in 2015 by Rozin Preservation and the report indicated it would be eligible for placement on the National Register of Historic Places. Many discussions have taken place as to the best use of the building, and the elected body has chosen to seek proposals from interested parties for their desired use for the building and adjacent property. The City of Odessa currently occupies the two detached buildings and arrangements will be made with the representative(s) of the selected proposal as to the future of those buildings. The city will complete a survey and lot split of the property to retain the north portion of the parcel detailed below in Exhibit A. That piece of the property will be the future site of the Odessa Police Department and Emergency Management Center. Proposals should include purchase price, detailed description of proposed renovations and intended use of the property, and a timeline for the proposed project. Proposals must be submitted by 5:00 pm on September 15, 2022. Proposals should be sent to City of Odessa, 125 S. 2nd Street (PO Box 128), Odessa, MO 64076 and clearly marked "Bid No. 09-22". Opportunities to conduct walk throughs of the building are available and must be scheduled with Nici Wilson, City Administrator (nici.wilson@cityofodessamo.com) or Shawna Davis, Finance Director (shawna.davis@cityofodessamo.com). The City of Odessa, by its authorized representatives, shall reserve the right to reject any or all bids, select the highest or best bid, and to make decisions which they deem beneficial to the City of Odessa. 310 S. First Street • Odessa, Missouri 125 S 2nd Street • PO Box 128 • Odessa, MO 64076 www.cityofodessamo.com • 816.230.5577 Request for Proposals Bid No. 09-22 Historic 1912 Building •310 S. First Street • Odessa, MO• Exhibit A  BOARD OF ALDERMEN ACTION REPORT ISSUE: Approval is required to purchase fireworks for the annual city fireworks display. ACTION REQUESTED: Motion/Second to approve Resolution No 2024-18 authorizing the City Administrator to execute the turn-key 1-year contract for services with Premier Pyrotechnics for the annual fireworks display. BACKGROUND: Each year, the residents of Odessa are treated to an annual fireworks display. This year, the display will be co-hosted by the City of Odessa and the VFW Auxiliary 5675. Steve and Lisa Bailey have generously allowed the fireworks to be launched from The Hill property and have granted approval for the event again this year. City staff recommends that the city exercise its option for the 2024 fireworks show, which is scheduled to be held on Tuesday, July 2, 2024. The cost of the show will be $13,000, out of which the VFW will contribute $7,000 in donated funds. Premier Pyrotechnics handled the City’s Fireworks Display for the first time last year and did a fantastic job. FINANCIAL CONSIDERATIONS: $6,000 ATTACHMENTS: Resolution No. 2024-18; Turn-Key 1-Year Contract PREPARED BY: ______ DATED: June 10, 2024 Karen Findora, City Clerk  Our Mission… “A Dedication to Pyrotechnic Perfection” TURN-KEY 1 YEAR CONTRACT FOR SERVICE This contract is entered into on May 29th, 2024, by and between Premier Pyrotechnics, Inc. 25255 Highway K, Laclede County, Richland, MO 65556, telephone 417-322-6595, fax 573-213-2211, designated herein as the “Seller”, and City of Odessa designated as the “Buyer”. Seller will deliver to Buyer the fireworks on July 2nd, 2024, and/or will make necessary substitutions of equal or greater value. Seller agrees to perform the fireworks display safely and in accordance with such Federal, State and Local laws that might be applicable. Seller agrees that they are to check the display area after the presentation of the fireworks display for any “duds” or other material that might not have ignited. Any such material found shall be disposed of as required by all Federal, State, and Local rules and regulations or as is the standard practice of Seller. It is also agreed that BUYER/SPONSOR is responsible for checking the display area at first light for any unexploded materials. If such materials are located immediately contact Premier Pyrotechnics at 417-322-6595 for further instructions. Buyer will furnish the minimum safety distance required per NFPA 1123. In no case shall spectators be allowed closer than 70 feet per inch of the largest shell diameter. Buyer will provide adequate monitoring to maintain these distance factors. Buyer also agrees to have adequate fire protection available on location of the display. It is agreed and understood that Buyer will pay the total purchase price of $13,000.00 including sales tax if applicable per display, with the option to adjust the purchase price of the display. The Buyer will pay 50% of the total price on the date this contract is signed. The contract is not valid until the deposit is received. The remainder is to be paid within 10 days following the date of the display. If the Buyer is unable to raise the funds needed the display can be reduced in price or cancelled at no cost to the Buyer. In the event of a weather-related delay, Buyer agrees to pay an additional cost of not more than $200.00 per day for security. Seller will arrange for security. In case of cancellation the deposit is nonrefundable but will be held for a future display date. All payments must be made to PREMIER PYROTECHNICS, INC and mailed to 25255 Hwy K, Richland, MO 65556. Buyer acknowledges and agrees that any balance past due is subject to a finance charge computed by a “Periodic Rate” of 1.5% per month, which is an annual percentage of 18%. This will be applied to the balance after specified payment due dates above. The Parties acknowledge and agree that any legal action commenced regarding this contract or collection shall be brought in the Circuit Court of Laclede County, Missouri, and that Missouri law shall govern the determination of rights, responsibilities, and remedies. Buyer shall further be entirely responsible for any attorney fees and court costs incurred by Seller in enforcing its rights under this contract and to collect any unpaid balance. SELLER: PREMIER PYROTECHNICS, INC. BUYER: City of Odessa BY: Nicky Sanderson BY: Shawna Davis, City Administrator ____________________________________DATE: 05/29/2024 ____________ DATE: May 29th, 2024 Print Name & Title AUTHORIZED PURCHASER REPRESENTATIVE SIGNATURE: ___________________________________________ In the event of Force Majeure, any deposits for payments will be carried forward to the next possible date agreed on between the client and Premier Pyrotechnics Inc. Premier Pyrotechnics, Inc. 25255 Hwy K Richland, MO 65556 Phone: (888)647-6863 Fax: (573)213-2211  RESOLUTION 2024-18 RESOLUTION AUTHORIZING THE CITY ADMINISTRATOR TO EXECUTE THE TURN-KEY 1-YEAR CONTRACT FOR SERVICES WITH PREMIER PYROTECHNICS FOR THE ANNUAL FIREWORKS DISPLAY WHEREAS, every year there is a fireworks display to provide our residents and individuals from the surrounding community a 4th of July festival; and WHEREAS, the City of Odessa along with the Odessa VFW Auxiliary 5675 will sponsor this year’s display of fireworks to be held in the evening at Dyer Park, Tuesday, July 2, 2024; and WHEREAS, such display will be supervised by competent, licensed, experienced persons in compliance with RSMo. 320.126.4 of the State of Missouri; and WHEREAS, the City of Odessa and the Odessa VFW Auxiliary 5675 will share in the cost of this years display totaling $13,000; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF ODESSA, MISSOURI, AS FOLLOWS: SECTION 1. The City Administrator is authorized to execute the attached contract with Premier Pyrotechnics, Inc. for providing the pyrotechnic fireworks display on Tuesday, July 2, 2024. SECTION 2. This Resolution shall be in full force and effect from and after the date of its passage and approval. APPROVED AND PASSED by the Board of Aldermen of the City of Odessa, Missouri, this 10TH day of June, 2024. (SEAL) By: ______________________________ Bryan Barner, Mayor ATTEST: By: ____________________________________ Karen Findora, City Clerk BILL NUMBER: 2023-15 ORDINANCE NUMBER: 3101 AN ORDINANCE AMENDING CHAPTER 20 - FIRE PREVENTION, PROTECTION AND CONTROL, SECTION 20-24. (a) - FIREWORKS USE RESTRICTED, OF THE CITY OF ODESSA CODE OF ORDINANCES FOR THE YEAR OF 2023. WHEREAS, to ensure public safety, regulations are set forth in the code of ordinances as it relates to the specifications of discharging fireworks within the city limits; and WHEREAS, the current ordinance sets forth specific dates when fireworks are allowed to be discharged within the city limits without special permissions granted; and WHEREAS, with the Independence Day holiday falling on a Tuesday for the calendar year 2023 city staff recommends an amendment to the current ordinance as follows for the 2023 Independence Day Holiday only: (a) It is unlawful for any person to sell, possess or explode or cause to be sold, possessed or exploded, any firecrackers, cannon crackers, torpedoes or fireworks in any form whatever within the city, except on residential property on July 1 through July 3, between the hours of 8:00 a.m. and 11:00 p.m. and on July 4 from the hours of 8:00 am to 12:00 am (midnight), except as provided in this section. NOW THEREFORE BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF ODESSA, MISSOURI, AS FOLLOWS, TO WIT: Section 1 All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 2 This ordinance shall be in full force and effect on June 26, 2023. READ TWICE and passed by the Board of Aldermen of the City of Odessa, Missouri, and approved by the Mayor of Odessa this 26th day of June, 2023.