Missouri Municipal Review by Missouri Municipal League

REVIEW

A U N I T E D V O I C E F O R M I S S O U R I M U N I C I PA L L E A G U E C O M M U N I T I E S

THE MISSOURI MUNICIPAL

January/February 2022

www.mocities.com 1 Municipal Warrants | Wastewater Collection Asset Management | FAQ: Subdivisions

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This information is for institutional investor use only, not for further distribution to retail investors, and does not represent an offer to sell or a solicitation of an offer to buy or sell any fund or other security. Investors should consider the investment objectives, risks, charges and expenses before investing in any of the Missouri Securities Investment Program’s portfolios. This and other information about the Program’s portfolios is available in the Program’s current Information Statement, which should be read carefully before investing. A copy of the Information Statement may be obtained by calling 1-877-MY-MOSIP or is available on the Program’s website at www.mosip.org. While the MOSIP Liquid Series seeks to maintain a stable net asset value of $1.00 per share and the MOSIP Term portfolio seeks to achieve a net asset value of $1.00 per share at the stated maturity, it is possible to lose money investing in the Program. An investment in the Program is not insured or guaranteed by the Federal Deposit Insurance Corporation or any other government agency. Shares of the Program’s portfolios are distributed by PFM Fund Distributors, Inc., member Financial Industry Regulatory Authority (FINRA) (www.finra.org) and Securities Investor Protection Corporation (SIPC) (www.sipc.org). PFM Fund 2 theReview January/February 2022 Distributors, Inc. is a wholly owned subsidiary of PFM Asset Management LLC.

THE MISSOURI MUNICIPAL

January/February 2022; Volume 87, No. 1

CONTENTS Features 6

City Of Arnold: Diamond In The Rough - Celebrating 50 Years

by Jeffrey Dunlap

10 Municipal Warrants In Missouri: Are These Things Really Legal? by Paul Martin 14

Wastewater Collection System Asset Management Toolkit by Lacey Hirschvogel

LAGERS Pension: A Guide For City Leaders by Jeff Kempker

21 25

FAQ: Subdivisions Department Of Natural Resources Embarks On Regional State Energy Planning Process

Departments 4

President's Review

Member News

MML Calendar Of Events

Cover Photo: City of Arnold Recreation Center Photo Credit: © Hastings+Chivetta Architects, Inc. / Fentress Photography

MISSOURI MUNICIPAL LEAGUE BOARD OF DIRECTORS President: Joe Garritano, Council Member, Wildwood; Vice President: Michele DeShay, Mayor, Moline Acres; Damien Boley, Mayor, Smithville; *Chuck Caverly, Council Member, Maryland Heights; Bryant Delong, Council Member, North Kansas City; Jerry Grimmer, Council Member, Bridgeton; Cemal Unmut Gungor, City Administrator, Grandview; Dwaine Hahs, Mayor, Jackson; Heather Hall, Council Member, Kansas City; *Debra Hickey, Mayor, Battlefield; *Chris Lievsay, Council Member, Blue Springs; Ken McClure, Mayor, Springfield; *Norman McCourt, Mayor, Black Jack; Chris McPhail, Alderman, Clever; Sheryl Morgan, City Clerk, Blue Springs; Heather Navarro, Alderman, St. Louis; Lori Obermoeller, Finance Director, Creve Coeur; Len Pagano, Mayor, St. Peters; *Matt Robinson, Mayor, Hazelwood; Mike Roemerman, Mayor, Ellisville; *Kathy Rose, Mayor, Riverside; *Carson Ross, Mayor, Blue Springs; Erin Seele, Attorney, Cunningham, Vogel and Rost; Matt Turner, Alderman, Harrisonville; *Gerry Welch, Mayor, Webster Groves; Jeana Woods, City Administrator, Osage Beach *Past President AFFILIATE GROUPS Missouri City Management Association; City Clerks and Finance Officers Association; Government Finance Officers Association of Missouri; Missouri Municipal Attorneys Association EDITORIAL Laura Holloway / Editor Lholloway@mocities.com Richard Sheets and Lori Noe Contributing Editors GRAPHIC DESIGN Rhonda Miller The Review January/February 2022; Volume 87, No. 1 The Missouri Municipal Review (ISSN 00266647) is the official publication of the Missouri Municipal League state association of cities, towns and villages, and other municipal corporations of Missouri. Publication office is maintained at 1727 Southridge Drive, Jefferson City, MO 65109. Subscriptions: $30 per year. Single copies: $5 prepaid. Advertising rates on request. Published bi-monthly. Periodicals postage paid at Jefferson City, Missouri. Postmaster: Send form 3579 to 1727 Southridge Drive, Jefferson City, MO 65109. To contact the League Office call 573-635-9134, fax 573-635-9009 or email the League at info@mocities.com. Website: www.mocities.com. www.mocities.com

President's Review

by Joe Garritano, Council Member, Wildwood, and MML President

Share Your Voice in 2022 As we begin the new year, it might feel as though we are facing many of the same challenges as previous years. The pandemic continues, staffing challenges persist, and questions may remain about the best way to use federal recovery funds. It will also be an unpredictable year in the Missouri State Legislature, with many legislators focused on the November election or seeking higher office. As usual, hundreds of bills are introduced that affect Missouri cities, and some may not be favorable to your community. MML will keep a close eye on each bill and continue to advocate that local officials are closest to the people and make the best decisions for their citizens. One crucial factor remains steady for your city, and that is your commitment and dedication to serving. Do not be discouraged with the challenges you face – your knowledge and dedication is a powerful force! Working together, we have all seen creative ideas, improved partnerships and valuable information come from Missouri cities across the state. I’m confident those great ideas will continue in 2022.

One crucial factor remains steady for your city, and that is your commitment and dedication to serving.

To help you, MML strives to make sure you have the best tools to continue serving well. We launched a brand-new website in December, providing members the opportunity to access important members-only material, including the latest publications and the One Stop, where you can search municipal topics A to Z. We also have a strong advantage at the Capitol as we unite our voices and focus on the most crucial issues for cities. Last year was one of the most successful Missouri legislative sessions for cities, thanks to your support of MML’s advocacy efforts. Your voice continues to be needed. Your presence at the Capitol, your visits with legislators in your hometown, and keeping up with the latest reports and alerts from MML are all crucial for success.

An important way you can share your voice early this session is by attending the MML Legislative Conference Feb. 15-16, 2022, in Jefferson City. Not only will you network with other communities and learn the top issues facing cities at the state level, but you will have the opportunity to visit with your legislator. I hope to see you in Jefferson City and encourage you to register at www.mocities.com. Whether or not you can attend the MML Legislative Conference, make it a point to reach out more than ever to your state legislators in 2022. While the League will be on top of all issues affecting cities, your additional support is vital. Watch for the MML Capitol Report each week during the session. If you are not receiving these weekly reports and alerts, contact the MML office so staff can assist you. Meanwhile, the League will continue to share the latest policy guidance regarding ARPA funds, grant and funding opportunities, economic development considerations and much more to help your city face the new year with confidence. I am proud to serve with you as we begin 2022. Contact me any time at (573) 635-9134 or Jgarritano@mocities.com.

theReview January/February 2022

Public Finance

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FEATURE Review by Jeffrey Dunlap

City Of Arnold:

Diamond In The Rough Celebrating 50 Years The city of Arnold, the largest city in Jefferson County, is celebrating its Semicentennial this year. Arnold’s pioneer heritage dates to 1774 when German immigrant John Hildebrand built a fort called the Meramec Settlement. In 1776, a French surveyor, Jean Baptiste Gamache, built a ferry across the Meramec River for a land grant from Spain’s King Charles III. The ferry operated where Telegraph Road crosses the Meramec today at Arnold’s Flamm Park. Ron Counts, Arnold’s mayor since 2009, explains why the City incorporated, and praises its progress. “Post-war population growth in the 1960s burdened public services,” he said. “Subdivisions were opening, schools expanding. People wanted good water, better sewers, a bigger fire department and a police department to reduce pressure on Jefferson County sheriffs.” In 1970, petitioners gained enough signatures to require the Jefferson County Court to call an election for a proposal to incorporate. When six local villages merged – Beck, Flamm City, Maxville, Old Town Arnold, Ten Brook and Wickes – Arnold incorporated in 1972. “With incorporation, Arnold became better positioned to improve community services, attract new businesses, jobs, cultural and recreational amenities,” said 6

theReview January/February 2022

Mayor Counts. It more easily qualified to apply for federal and state grants to fund new programs and improvements.

Who Named Arnold? In 1925, a businessman named Ferd Lang, Sr. built a general store, tavern and gas station on land he purchased from a farmer named Louis Arnold. Lang was so pleased that he called his land Arnold. A few years later, locals officially validated Lang’s name of choice. When Arnold incorporated as a City in 1972, Lang’s son, Ferd B. Lang, Jr. became the City’s first mayor. Arnold’s population today of about 22,000 originated mostly from French, German, English, Irish, Scots, and Swiss immigrants who arrived after Jefferson Barracks opened in 1826. The garrison’s role was to vanquish fierce Native Americans inhabiting what French trappers called “The Missouri Territory.”

The Algonquian term Missouri means “people with canoes made from logs.” French families who settled St. Louis obtained about 6,000 acres of land in the rural area, selling parcels to immigrants who wanted farms. In 1833 two men in Germany formed the Giessen Emigration Society to live in colonial America. In 1834, more than 500 Germans emigrated to the area because it portrayed Germany’s Rhineland region. Allen Flamm of the Arnold Historical Society is vice-chairman of the City’s Historic Preservation Commission. He characterizes Arnold’s evolution from rugged frontier to modern City this way: “In 1836, my great grandfather Wilhelm Flamm arrived from Merseburg, Germany, to farm and plant orchards. He married a French girl related to Jean Baptiste Gamache, an early settler. By 1920, my grandfather John H. Flamm owned 320 acres that spread to the Meramec River. He planted more orchards growing apples, peaches, pears, plums, grapes and raspberries. My father Alvin Flamm was born in 1915. I remember my father and grandpa selling our products in south St. Louis. In 1937, a butcher named Leo Ziegler opened a store nearby. He wanted people to find it, so he called

(l-r): City of Arnold swimming pool, recreation center and recreation center track. Photo Credit: © Hastings+Chivetta Architects, Inc. / Fentress Photography

the area ‘Flamm City’ because most people knew where Flamm orchards were.” Flamm City was one of six hamlets that merged to incorporate the city of Arnold. “Pioneering families including Vogels, Kroupas, Langs and Zieglers, among others, helped establish new business and municipal developments such as public highways and the Rock Community Fire Protection District soon after incorporation,” Flamm continued. “We evolved through agricultural, mechanical and industrial eras to today’s modern age. Settlers endured Indian attacks, droughts, floods, the Great Depression and more. We are stubborn and determined. Families that came here in the 1800s intertwined or intermarried so that, today, everybody knows just about everybody else.”

Diamond In The Rough Residents call Arnold a “diamond in the rough.” Its frontier origins evolved into a hard-working city with amenities and improvements that respect the area’s past, present and future opportunities for progress. Its immigrants today often come from St. Louis and St. Louis County; Arnold is like a suburb. “We are committed to being a municipality where people enjoy life, work, and play, and not forget that life is short, and we should enhance it if we can,” said Counts. Enhancing the City also means attracting major companies to establish headquarters near Tenbrook Industrial Park in the City’s central corridor. Some include Arnold Defense & Electronics; Browning Arms Company ; LMC

Industries, Inc.; Medart, Inc.; Sinclair & Rush, Inc.; Unico, Inc.; Warren Sign Company; and Metal Container Corporation – the Anheuser BuschInBev subsidiary that is the nation’s largest can manufacturing plant. Arnold also is home to a regional center of the National Geospatial Intelligence Agency, that employs 1,000 workers. “We want to keep good jobs in Arnold,” asserts Mayor Counts. “Every one of those companies employs highlyskilled, highly-trained people who work a good job at a big company. When we learn that an incentive is required to get good jobs, the City may offer incentives for a company to locate or stay here.” When absolutely necessary, Arnold has utilized Missouri’s Chapter 100 bond program to offer development

incentives. “We try to balance our involvement to keep good companies in Arnold, rather than somewhere else,” said Counts. Bryan Richison is Arnold’s city administrator, a position he accepted in 2013. He states, “Arnold has made a lot of progress in recent years.” In 2019, the City became Missouri’s first “Age-Friendly Community” designated by the AARP Network of AgeFriendly Communities for implementing an action plan of commitments based on the Americans with Disabilities Act (ADA). That effort was nurtured by the City’s Commission on Aging and Disabilities. Its mission is to support programs for people who are disabled, elderly or

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REGISTRATION OPEN NOW! Join fellow local leaders from across the state at the MML Legislative Conference to share information, learn about legislative issues, and visit with state legislators. The Conference will provide you with a unique opportunity to: •

Learn more about the issues pending in the Legislature;

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Participate in discussions with legislators and peers on a wide range of municipal issues;

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Visit informally with Senators and Representatives during the legislative reception;

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Hear first-hand from invited state officials and learn more about their programs and how they will affect your city.

Learn more and register at www.mocities.com!

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infirm by working to: • Increase awareness of available programs and services. • Guide organizations in positive endeavors to enable full community participation. • Eliminate or reduce physical and attitudinal barriers to community access. • Provide forums to discuss issues impacting seniors and residents with disabilities.

Embracing Universal Design Arnold Public Works Director Judy Wagner and Community Development Director David Bookless are managing efforts to remove or modify barriers at city facilities to enable fully convenient access. In addition, Wagner and Bookless are developing an updated ADA compliance plan, plus a new bike-walkhiking trail grant proposal, aka Surface Transportation Program. They hope to receive funding in 2022. “We are creating an environment very different than Arnold people may remember from years ago,” says Wagner. “Universal design concepts that we are embracing will accommodate more people with different needs.” Bookless adds, “We work to make the best use of development money to serve the most people in a City that changed fast in recent years and continues to change.” The City’s recreation renter, built in 2005 on 23 acres beside Jefferson County College and Jefferson County Library, is a progressive example. The megamodern range of athletic, fitness, leisure, swimming pools and activity rooms are as engaging as any rec center anywhere. “It is great for children, teenagers, adults, families and seniors for socializing and exercise,” Richison observes. In 2020, the City transformed its 18hole golf course into a lovely 140-acre park for biking, hiking and relaxing. Staff installed a device, called a Watergoat, that sucks up loose garbage from a creek to divert it from the Meramec River. Mayor Counts calls it “A wonderful benefit to protect our rivers.”

The city of Arnold was designated, in 2016, as a Purple Heart City and a POW/MIA City by the Military Order of the Purple Heart and Jefferson Barracks POW/MIA Museum.

In 2016, Arnold was designated a Purple Heart City and a POW/MIA City by the Military Order of the Purple Heart and Jefferson Barracks POW/MIA Museum, respectively. Hundreds of Jefferson County and Arnold residents have been killed or wounded in wars. Gary Plunk, 4th ward city councilman, helped expedite those noble designations. “Arnold may be changing, but never too fast to honor brave men and women who sacrificed to protect our nation’s freedom,” said Plunk Richison admits that, in addition to progress, Arnold is confronting game-changing influences felt by most American cities. “Due to popularity of online retail shopping, cities are feeling the pinch of less sales tax income,” he said. “Arnold collects sales taxes from several ‘big box’ stores in town and retailers at Arnold Commons (a shopping mall with 16 namebrand stores) and others,” said Richison. “Stores are near Interstate 55, and out-of-town shoppers can conveniently access them. Online shopping, we believe, is getting stronger. We do not believe more big box stores are the remedy. As a city of 12 square miles, we do not yet see a simple solution or a new normal on the horizon. We are strongly exploring potential options. David Bookless adds, “We are working to determine if there is a market for more industrial development. A word on peoples’ lips is annexation. That word inspires many different reactions. It would be premature to pursue any course of action without serious evaluation of services and infrastructure costs of, for example, annexing open ground in

Jefferson County.” For now, the incorporated city of Arnold will celebrate its 50th anniversary with parties, carnivals, celebrity appearances, concerts, school activities and holiday parades with as much pride that a “Diamond in the Rough” can muster. Mayor Counts declares, “2022 will be a great year of celebrating our City, an especially great time for people to visit. We look forward to making new friends.” Jeff Dunlap is a freelance reporter and writer. Learn more about the city of Arnold at https://www.arnoldmo.org.

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FEATURE Review by Paul Martin

Municipal Warrants In Missouri: Are These Things Really Legal?

In 2004, I wrote an article in The Missouri Municipal Review arguing that cities could authorize their municipal courts to issue search warrants for code enforcement purposes.1 I concluded that charter cities had such authority by virtue of their constitutional status, i.e., having all the authority of the state legislature that was not otherwise limited or denied by law. As to statutory cities, I argued that warrant authority was an implied, if not a necessary and indispensable, part of the city’s express statutory authority to enforce property code violations. But in the wake of the Missouri Supreme Court reforms following the Michael Brown shooting in Ferguson, that analysis, relying on the charter or the implied/essential authority of statutory cities, appears to have been misplaced. With the adoption of new rules governing municipal court operations, it seems plain that municipal courts, while created by and operating under the aegis of cities, are independent bodies that answer exclusively to the Missouri Supreme Court. As such, municipal courts would appear to have inherent authority to issue search warrants, provided the authority is exercised in accordance with governing law. The Missouri Constitution, Missouri Supreme Court Rules and Missouri statutes bear out this conclusion.

The Municipal Court’s Judicial Independence

While Rule 37 of the Missouri Supreme Court has long provided the procedures by which municipal courts operate, recent amendments have reinforced and clarified the Supreme Court’s plenary authority over municipal courts. This perspective changes the calculus for examining the legality of municipal court search warrants. Specifically, Rule 37.01, amended effective May 1, 2019, now provides that “Rule 37 governs the procedure in all courts of this state having original jurisdiction of ordinance violations.” Rule 37.04, as amended effective July 1, 2017, grants the presiding judge of the circuit court “general administrative authority over the judges and court personnel of all divisions of the circuit court hearing and determining ordinance violations within the circuit.” The same rule mandates that municipal courts “shall operate in substantial compliance with” the minimum operating standards prescribed in Appendix A to the rule. And the court’s new Operating Rule 1, effective July 1, 2019, asserts plenary authority over each municipal court’s case management automation system. The obvious conclusion is that municipal courts, while created and funded by cities, are constitutional creatures of the judiciary rather than their sponsoring cities. So, in light of the perspective that municipal courts are legally independent from their cities, we must look to the authority of the court, rather than the city, in assessing the legality of municipal search warrants. Again, we turn to Rule 37 of the Supreme Court Rules.

Article V, Section 23 of the Missouri Constitution provides that “[e]ach [judicial] circuit may have such municipal judges as provided by law …” Article V, Section 27(2)(d) which is the product of an overhaul of the Missouri court system effective in 1979, further provides:

The Municipal Court’s Inherent Warrant Authority

The jurisdiction of municipal courts shall be transferred to the circuit court of the circuit in which such municipality or major geographical area thereof shall be located and, such courts shall become divisions of the circuit court. The Missouri Constitution thus permits the creation of municipal courts that are “provided by law” and further acknowledges that such courts are subject to, and divisions of, the court of the circuit in which they are located.

Perhaps surprisingly, Rule 37 does not address search warrants, even though Rules 37.45 and 37.46 address arrest warrants. Yet we are not left without all guidance, as Rule 37.08 provides that “[i]f no procedure is specifically provided by this Rule 37, the court shall be governed by Rules 19 to 36, inclusive, to the extent not inconsistent with this Rule 37.” Rules 19 to 36 govern criminal procedure in Missouri courts, so it is plain that the Supreme Court is directing municipal

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courts to apply those rules in the absence of a specific Rule 37 procedure. Rule 34.01of the Missouri Rules of Criminal Procedure addresses search warrants in the criminal courts. It provides simply: “The provisions of Chapter 542 RSMo shall govern procedure in search and seizures.” Chapter 542, and more specifically, Sections 542.261 through 542.291, define “search warrants” and establishes the procedures for warrant application, issuance and execution. Admittedly, Chapter 542 pertains to “criminal offenses,”see, e.g., Section 542.266.2 RSMo, “A search warrant may be issued ... by any judge of a court having original jurisdiction of criminal offenses . . . .” But because the prosecution of a municipal ordinance “resembl[es] a criminal action in its effects and consequences,” criminal procedural rules and standards generally apply to municipal court proceedings. See City of Webster Groves v. Erickson, 789 S.W.2d 824, 826 (Mo. App. 1990); see also City of Kansas City v. Heather, 273 S.W.3d 592, 595 (Mo. App. 2009). It thus makes sense that the Missouri Supreme Court would utilize the criminal rules of procedure to allow the use of search warrants in municipal court. Indeed, Chapter 479 RSMo which presumptively consists of the “law” establishing municipal courts as authorized by Article V of the Missouri Constitution, contemplates the authority of municipal judges to issue warrants. While Chapter 479 is silent as to warrant procedure, Section 479.100 RSMo provides: All warrants issued by a municipal judge ... shall be directed to the city marshal, chief of police, or any other police officer of the municipality [and] shall be executed by the marshal, chief of police, [or] police officer ... Section 479.100 is not limited to arrest warrants, and it seems absurd to suggest that a municipal court has the authority to order someone’s arrest,and so deprive that person of his or her liberty, but lacks the authority to order a search of the person’s property. Read in conjunction with Chapter 542, Section 479.100 implicitly acknowledges search

warrant authority as extending to municipal courts. Moreover, the use of a search warrant may well be essential to the exercise of a city’s basic authority to ensure the health, safety and welfare of its citizens. By statute, cities may enter private property for inspection, code enforcement and nuisance abatement purposes,2 but this statutory authority does not overcome the property owner’s constitutional rights to privacy and to be free from unlawful searches. What if the property owner stands on these rights and refuses entry? The answer to overcoming this constitutional hurdle is the search warrant, by which an independent judge determines that there is probable cause to believe that an ordinance violation may exist. The court then makes the determination as to whether the property owner’s rights must give way to the public’s interests.

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Conclusion The use of search warrants by municipal courts serves the interests of both the public and the property owner, and it is consistent with laws of the state and the rules of the Missouri Supreme Court. All this is to say that the authority to issue search warrants for the purpose of ordinance enforcement is inherent in every municipal court. While the cities I have represented have adopted ordinances tracking the requirements of Chapter 542, and while this practice serves transparency, municipal utility, and the due process rights of the search target, an ordinance does not appear to be necessary to apply for a municipal search warrant. But it is still recommended to establish both a specific process and the constitutional guard rails for executing that process. Paul Martin has represented local governments, including cities, counties, fire districts, and other special districts, in the St. Louis metropolitan area for the past 35 years. He is a frequent litigator, writer, and speaker on local government matters. He can be contacted at his new firm, Kistner, Hamilton, Elam, & Martin LLC, at 1406 N. Broadway, St. Louis, MO 63102, at paul@law-fort.com, or at 314.805.8800.

End Notes: 1 Municipal Search Warrants in Missouri, Missouri Municipal Review (October-November, 2004).

For references to specific statutes, see the 2004 article.

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FEATURE Review by Lacey Hirschvogel

Wastewater Collection System Asset Management Toolkit The Missouri Public Utility Alliance Resource Service Operation and Maintenance (CMOM) requirements. Corporation (MPUA RSC) recognized that addressing aging The steering committee understood the importance of wastewater collection system infrastructure is consistently implementing an asset management program geared toward one of the most important challenges currently facing collection system assets. Their feedback confirmed that an small and medium-sized communities in Missouri. The asset management template available to small and mediumpressure to address these increasing investment needs has sized communities would enhance the reduction of inflow and been compounded by the need to meet new and complex infiltration, improve levels of service, and reduce unnecessary regulatory requirements while utility revenues remain spending. stagnant or decrease. This situation has forced many small The Toolkit consists of detailed guidance and an excel and mid-sized communities to become reactive and focus spreadsheet categorized into three planning modules: their funding resources on addressing immediate or urgent Module 1 – Assessment and Inventory Plan needs while reducing planning and budgeting efforts needed to maintain or improve levels of service for their community. Module 2 – Risk and Rehabilitation Forecasting Plan To assist small and medium-sized communities in Module 3 – Implementation Plan maximizing public funds and improving long-term infrastructure planning efforts, MPUA RSC hired HDR Engineering, Inc. What could updated infrastructure (HDR) to assist in developing a userfriendly, scalable Wastewater Collection mean for your community? System Asset Management Toolkit (Toolkit) that utility leaders can use to establish, build, and grow their own collection system asset management Infrastructure Investment Updating treatment plants, smart plans. The Toolkit was funded by the metering and process improvements Planning and Technical Assistance Grant can improve long-term utility provided by the Missouri Department of operations within your city. Natural Resources. M P UA a n d H D R w o r k e d Economic Growth collaboratively with a steering committee Updated and modern facilities to develop a basic set of flexible guidance can bring economic stimulation and job growth to your and tools designed to help utilities plan community. for cost-effective rehabilitation, repairs or replacement of assets; identify how Energy Savings to prioritize and budget for future Updating your city with energy infrastructure improvements; implement For more information, efficient systems like LED lighting can help save money, best practices needed to execute the contact Peter Hinkle: and be more sustainable. program; and maintain compliance with peter.hinkle@se.com the permitted Capacity, Management, (913) 433-6609

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“Every utility must strive to provide a high level of reliability to its customers. This cannot be accomplished without an effective asset management program.”

Jason Choate – Director of Water Services, Carthage Water and Electric Plant

Each module is written to provide streamlined and actionable guidance, tools and applications that can be incorporated into their existing programs. Each module contains a set of attachments including flowcharts, matrices or excel files that lead to a thoughtful and data-driven asset management program.

Module 1 – Assessment And Inventory Plan The objectives of the assessment and inventory plan module are to help utility managers develop a baseline understanding of their existing assets; identify potential short- and long-term level of service goals and performance measures; and create and maintain a pipe and manhole asset inventory. First the module recommends that utilities evaluate existing systems and identify existing gaps. Then, utilities can establish their level of service goals and begin to track performance. The module provides a menu of potential level of service goals and performance measures to think through

while identifying any gaps the utility may have as it relates to providing reliable service to customers and achieving high inflow and infiltration reductions. Finally, the module provides a template for adding the collection system inventory into a spreadsheet. The spreadsheet is organized according to a three-tiered structure to help utilities begin thinking along the lines of either an age-based forecast model or a risk-based forecast model. Either forecast model can be run depending on the level of information captured within the asset inventory.

Module 2 – Risk And Rehabilitation Forecasting Plan Module 2 was built to provide utilities with high-level guidance on how to establish sustainable decision-making processes that support the successful implementation of identified improvement initiatives and rehabilitation work. The objectives of the risk and rehabilitation forecasting plan

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are to assist utility managers with applying the asset inventory identified in Module 1 to decision-making processes; characterizing the system risk using age of material along with other standardized failure criteria; and forecasting system rehabilitation needs and costs. Module 2 also provides step-by-step guidance to operating the spreadsheet forecasting model run through Microsoft Excel. The spreadsheet model can be tailored to meet the unique needs and desired inputs of each community. The model outputs were built to be useful for communicating to the utility’s leadership the risk of failure for each identified asset. This section provides a variety of tabular outputs, charts and graphs that can be personalized based on the community’s education and outreach needs. Tabular outputs: The tabular outputs provide a summary of results by individual pipe asset, manhole and collectively for the entire system. Users can extract the data to conduct their own analyses or incorporate them into their own platforms. The summary includes the forecasted cost for each individual asset and the estimated replacement year. If desired, the costs can be updated based on actual costs from an existing contract. Graphical outputs: The graphical outputs include bar charts depicting the forecasted rehabilitation costs for the entire planning horizon and established planning periods. In addition to the bar charts, the Toolkit includes a series of dynamic dashboards that can be used to quickly evaluate or summarize system information. The bar charts and dashboard charts are editable and can be copied and pasted into other spreadsheets, documents or slideshows for an easy visual communication method.

Module 3 – Implementation Plan D e vel opi ng a st r u c tu re d ass e t management program can feel like a daunting task. Module 3 was created to guide utility leaders through a streamlined approach to asset management development and implementation. The module provides best practices for considering organizational capacity needs; identifying your asset management team; implementing continuous improvement; and enhancing community engagement efforts. Asset management is a continuous journey for every community. Utilities with the most successful asset management programs routinely track, review and adjust program elements over time to improve program execution and better achieve system goals. This toolkit is meant to provide utility leaders with easy-to-use resources to establish the foundational elements of an asset management program. Creating an organized space for understanding the asset risks of the city’s

collection system can lead to optimized improvements of a city’s overall wastewater treatment infrastructure. The Toolkit is available to the public free of charge through the Missouri Department of Natural Resources. Each module was built as a PDF and can be read through any PDF reader. The spreadsheets were built using Microsoft Excel and will run through compatible software. For more information please contact Josh Youngblood at JYoungblood@mpua.org, Lacey Hirschvogel at Lacey.Hirschvogel@hdrinc.com, or Stacia Bax at Stacia.Bax@dnr.mo.gov. Lacey Hirschvogel is a utility planning specialist within the utility management group of HDR, Inc. She provides technical and planning assistance for municipal water and wastewater utilities. Much of her work focuses on navigating through the environmental, financial, and socioeconomic impacts state and federal requirements place on municipal utilities. She graduated with a Bachelor of Science degree in chemistry from the University of Florida and a Master of Public Affairs degree at the University of Missouri.

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FEATURE Review by Jeff Kempker

LAGERS Pension:

A Guide For City Leaders The Missouri Local Government Employees Retirement System, more c om m on l y k n ow n a s L AG E R S , offers a means for Missouri’s political subdivisions to provide their employees with a quality retirement plan in a more efficient manner than any one city could provide on its own. LAGERS membership is made up of thousands of municipal administrators, firefighters, police officers, utility workers, EMTs, public works personnel and librarians, to name a few. For nearly 55 years, LAGERS has helped middle-class workers transition into middle-class retirees. Dependable monthly income is essential for people to exit the workforce with dignity and helps them maintain their standard of living throughout retirement. LAGERS exists solely for the benefit of its members and the people who are dependent upon them. The security, flexibility and portability of the benefits make LAGERS the preferred retirement plan for Missouri’s local governments.

then passing enabling legislation in 1967 that allowed a pension plan to be created that was available to all local governments – large and small. LAGERS operated under a contractual agreement with MML until 1970 when the young system had grown large enough to be self-sustaining.

former members. The pension plan’s funding level is consistently in the top 10 nationwide and currently sits at 95.6%. LAGERS is open to all of Missouri’s political subdivisions and typically sees around 15 employers join each year. Local governments may also appoint LAGERS as the administrator for their frozen legacy pension plan.

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LAGERS Is A Defined Benefit Since its humble beginnings with Plan

10 original charter member local governments, LAGERS has grown to more than 820 participating employers (315 cities), overseeing $10 billion in assets for its nearly 70,000 current and

A defined benefit retirement plan provides each eligible retiree with monthly lifetime income. The amount of an individual’s benefit is determined by a formula that incorporates a multiplier

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LAGERS Was Created By The Missouri Municipal League LAGERS was created to be a tool for Missouri’s political subdivisions to attract and retain quality employees with its retirement, disability and death benefits. Prior to the establishment of LAGERS, only the largest local governments had access to a quality pension program. Former Missouri Municipal League Director Jay T. Bell led an effort to change that by amending the Missouri Constitution in 1966 and 18

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chosen by their employer, their salary and their length of service. An employee is eligible for a benefit after five years of service and may retire with full benefits at age 60 or age 55 for police officers, fire fighters and certain public safety workers.

Flexible Benefits Are Controlled At The Local Level LAGERS’ flexible benefit structure enables each employer to customize their pension to meet their compensation and budgetary goals. Each participating employer chooses from more than 100 benefit combinations and then each employer funds the benefits based on those choices. The benefits and costs should then be continually monitored and evaluated by the employer to ensure their goals are being achieved. Changes may be made to the benefit levels once every two years. Not only may the employer change the benefit levels, but also the amount the employees will contribute to help fund their benefits. The amount of the employee contribution ranges from 0% to 6% of salary. This grants the employer ultimate flexibility in designing their retirement

Retirement benefits not only allow employees to plan for the future but encourage them to pursue a career in which they have chosen to serve their fellow citizens in governmental administration.

John H. Poelker – Chairman of the LAGERS’ Board, 1969 plan. Many LAGERS-participating employers also provide access to a deferred compensation retirement plan, like a 457(B), so employees can save additional funds for retirement through a payroll contribution.

How Employer Costs Are Determined Each employer pays LAGERS a unique contribution based on the demographics of its employees and the

benefits the employer has chosen. The cost is designed to remain steady for the long term but may be adjusted each year to ensure benefits are properly funded. Since LAGERS is a defined benefit plan, detailed demographic and economic assumptions are made about future events in order to determine the appropriate employer contribution. The year-to-year differences between the assumptions and the actual experience are examined each year and adjustments to each employer’s contribution rate is made because of these differences. If an employer’s contribution needs to increase to keep up with funding, the maximum one-year increase allowed by statute is 1% of the employer’s payroll. The majority of LAGERS’ employer contribution rates are decreasing or remaining unchanged for fiscal years beginning in 2022.

Benefits Paid To Retirees Help Stabilize Missouri’s Economy LAGERS paid more than $350 million to benefit recipients in 2020, with 93% of those funds staying in Missouri. The stable, predictable income paid to LAGERS retirees and beneficiaries

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is recycled back into local economies across the state as the pension payments are spent on local goods and services. LAGERS retirees do not need to modify their spending habits during economic downturns because their benefits are defined and paid for life. Retirees also receive an annual cost of living adjustment so their income from LAGERS keeps pace with inflation. LAGERS’ board of trustees and staff are proud to serve those who are responsible for keeping our Missouri communities going. Our members are the lifeblood of the state, providing vital services to the citizens. LAGERS was created to encourage public service and to provide local government workers a dignified exit from the workforce. After almost 55 years of service, LAGERS is still delivering on the promises by which it was founded. Jeff Kempker is the assistant executive director, External Affairs of Missouri LAGERS. This article was adapted from the presentation at the 2021 MML Annual Conference. 20

theReview January/February 2022

FAQ: Subdivisions by MML Staff

The following are responses to frequently asked questions. The answers are not intended as legal advice and are not a substitute for consulting with your legal counsel.

What is the purpose of a subdivision regulations? Subdivision regulations are locally adopted laws governing the process of converting raw land into building sites. This is accomplished through plat approval procedures that require a developer to submit a plat (map) of the proposed subdivision of land to the planning commission. The commission then makes a recommendation to the city council to approve or disapprove the proposed subdivision. Subdivision regulations: • Ensure that new residential developments have a safe water supply and sewerage system. • Ensure that new residential developments are properly drained.

What is the first step in adopting subdivision regulations? Before a city can adopt and enforce subdivision regulations, there must be in place or in the process of being developed, a city plan or major street plan (Section 89.400 RSMo). This requirement ensures that subdivision regulations are not arbitrary or discriminatory and that appropriate provisions are made for rights of way of major thoroughfares. It also assists the developer in determining when major services will be provided and what easements will be necessary for major utility lines.

What is the connection between the subdivision regulations and the zoning ordinance? In some instances, provisions in the subdivision regulations overlap those in the zoning ordinance. This especially is true of lot size and frontage requirements. To avoid conflict between the two it is desirable to state in the subdivision regulations

• Ensure adequate records of land titles. • Ensure safe design and proper construction of new streets, utilities and drainage systems. • To provide a record of the location of underground utilities. • Ensure that water systems are of adequate size and pressure for firefighting purpose. • Ensure that fire trucks and equipment can maneuver on streets. • Ensure that lot purchasers will receive a buildable, properly oriented, well drained lot, provided with adequate facilities to meet dayto-day needs. • Protect the developer from adjacent substandard development that will reduce the value of their subdivision. • Enable the city to coordinate the otherwise unrelated plans of a great many developers. www.mocities.com

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that lots must conform to zoning requirements of the district where it is located.

How are subdivisions or land handled under the subdivision regulations? The procedure for subdividing land generally consists of five steps: • Sketch plan or pre-application process: This step in the subdivision process usually is not a mandatory requirement, but only a suggestion that might help the developer through the remainder of the subdivision procedures. The sketch plan generally consists of a map showing the location and topography; the approximate location of lots, streets and existing buildings; and lakes or other significant features. • Preliminary plat: The preliminary plat is the first formal action required of the developer and is the most important step in the entire approval process. At this stage the developer receives approval to begin constructing streets and installing utilities. It is important that the subdivision regulations spell out exactly what information is required on the preliminary plat. • Construction of improvements: Subdivision regulations generally prohibit the construction of improvements until the preliminary plat has been approved. However, once the preliminary plat is approved, improvements must be

made before approval of the final plat is given. • Final plat: The final plat stage is the last opportunity for the city to do anything about a subdivision. Submission procedures of the final plat generally are the same as those of the preliminary plat, requiring submission of enough copies and in sufficient time to be reviewed by the various agencies. Again, the final plat should be reviewed by the public works department, city engineer, health department, utility companies, telephone company and planning commission and staff. Most subdivision regulations require that the final plat must be submitted within a stated period after the approval of the preliminary plat (such as one year). This prevents the developer from putting the city to the trouble and expense of the approval process when he has no intention of carrying out his plans. • Recording of plat: The last step before lots within a subdivision can be sold is the recording of the plat. The subdivision regulations should state what information is needed on the plat before the county recorder of deeds can record the plat and should be one of the conditions for approval. The city should determine from the county recorder, when developing the subdivision regulations, what information is needed and what form it should take. It should also determine what size the plat must be to be recorded.

www.mocities.com

Use Tax Campaign Toolkit: Proposition U MML and the Municipal League of Metro St. Louis have produced a Use Tax Campaign Toolkit for cities seeking to put the Use Tax on an upcoming ballot. The information is designed to assist municipal officials and community groups in their effort in passing a local use tax.

Learn more about materials for Proposition U at:

www.mocities.com How are plats approved?

Approval or disapproval of a preliminary plat usually is the responsibility of the planning commission. The city council generally has the final say in the approval of the final plat, that allows the developer to begin selling lots. Once the final plat has been submitted, the planning commission reviews the plat, holds a public hearing and makes its recommendations to the city council/board of alderman, that will approve or disapprove the final plat. The final plat should be approved by ordinance.

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Can a city grant hardship variances from the subdivision regulations? Unlike zoning, the state statutes make no provision for the granting of variances from the requirements in hardship cases. However, most subdivision regulations allow the planning commission or board of adjustment to grant relief from the usual requirements in cases where they do not make sense or impose unusual burdens as applied to a particular situation.

How is the subdivision regulation applied to commercial and industrial projects? Most subdivision regulations do not adequately address the placement of commercial and industrial subdivisions. This is due to the fact that many commercial shopping centers and industrial parks remain under one ownership and lots are leased to their tenants. This would not conform to the definition of a subdivision, although they would be subject to regulations under the zoning ordinance. However, there are a number of both types of developments where there is an actual division and sale of land, and these situations should be addressed in the subdivision regulations. 24

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Missouri Department of Natural Resources Embarks on Regional State Energy Planning Process In late 2020, the Missouri Department of Natural Resources (DNR) formally initiated a new Missouri State Energy Planning (MoSEP) process. Given stakeholder feedback and the marketbased transformation towards new sources of energy, the state’s focus on affordable, reliable, Missouri-made energy is being pursued through a series of regionally focused initiatives unified by statewide core values. The MoSEP process values are to:

The last time the state of Missouri undertook an energy planning process was in 2015. This time, DNR will conduct an ongoing process instead of creating a one-time plan document. That will allow the state to focus on actionable, timebound initiatives relevant to particular regions while recognizing the ongoing transformations in the energy environment.

• Assure secure, reliable and resilient energy infrastructure and supplies.

DNR concluded its second round of regional stakeholder meetings on Dec. 14, 2021, after seeking feedback from more than 700 stakeholders. Stakeholders range from energy producers to consumers and non-profit organizations. Following consideration of input provided so far on regional initiatives, the department will partner with self-identified initiative champions in order to form workgroups and draft summary and action reports. These reports will provide background information, next steps for making progress on the initiatives, and metrics to measure success.

• Enhance Missouri’s competitive position in business retention, expansion and attraction through affordable rates and renewable energy options. • Develop diverse in-state energy resources. • Create opportunities for energy-related technological innovation and workforce development. • Ensure affordability and equity in access to energy resources, services and programs. • Promote the efficient and environmentally sound use of energy. “We recognize that Missourians have many different interests, and that extends to energy,” says Craig Redmon, director of DNR's Division of Energy. “That’s why we’re targeting actionable regional opportunities and topics that stakeholders bring to us.”

To learn more about the MoSEP process, visit DNR's webpage at https://dnr.mo.gov/energy/what-were-doing/mo-state-energyplanning. Interested stakeholders can email mostateenergyplan@ dnr.mo.gov or visit https://dnr.mo.gov/about-us/forumsstakeholder-groups/missouri-state-energy-planning to be informed of upcoming meetings.

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MML has launched its new website & member database! In order to receive all of your member benefits with our new system, we need your email address! When we have your email address, you can log into our new site and receive: • • • •

MML Capitol Reports and Alerts Weekly “Voice” Newsletter MML Review magazine (electronic version) Access to members-only web content, including the MML One Stop Shop and the latest ARPA information

When we do not have your email address, we cannot make sure you receive the latest alerts, event information, publications and members-only information. If your city officials and employees are not receiving these important resources, send an email to info@mocities.com with name, city, title and email address. Please be assured the League does not share any personal mail or email information. All personal information is kept confidential.

Congratulations to Nathan Nickolaus for his recognition as an IMLA Local Government Fellow!

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MEMBERS' News Master Municipal Clerk

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Congratulations to Renee Kingston, assistant city administrator/city clerk for Camdenton, on earning the prestigious Master Municipal Clerk (MMC) designation from the International Institute of Municipal Clerks (IIMC)! To qualify for the MMC Designation, one must first earn the Certified Municipal Clerk Designation (CMC), as well as commit to life-long learning by attending extensive advanced education programs and making significant professional contributions to the community and municipality in which they serve.

Congratulations to Rhonda Council, city clerk with the city of Sikeston, for earning the prestigious Certified Municipal Clerk (CMC) designation from the International Institute of Municipal Clerks (IIMC)! To earn the CMC designation, a municipal clerk must attend extensive education programs often totaling more than 120 educational hours. The CMC designation also requires pertinent experience in a municipality.

ELGL Top 100 Local Government Influencers Congratulations to Shelby Teufel, Kara Roberson and Kimiko Gilmore for making the Emerging Local Government Leaders (ELGL) Top 100 Local Government Influencers list! Teufel is the city administrator for Pleasant Hill, Roberson is the community relations manager for the city of Wentzville, and Gilmore is the assistant city manager for Kansas City. The list is based on an individual’s influence in their community and outside their community through professional associations, mentoring and writing. Notably, everyone on the list was nominated by a friend or peer who thinks they are doing amazing work. Learn more about the award at https://elgl.org/traeger.

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EXPAND YOUR HORIZON MML’s Municipal Governance Institute rewards your commitment to learning new skills and abilities in the local government field. Learn how to become a

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NEW! An Advanced MGI program is now available, offering custom-crafted modules with increased challenges and rewards.

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MEMBERS' News & Notes MML Calendar of Events January 2022 27 �� MCMA Winter Workshop, Columbia, Missouri 28 �� MoGFOA Winter Workshop, Columbia, Missouri 27-28 �� SGR Servant Leadership Conference (Virtual)

February 2022 11 �� Lincoln's Birthday Observed (MML Office Closed) 15-16 �� MML Legislative Conference, Jefferson City, Missouri

2021-2022 Directory of Missouri Municipal Officials Free Download to Members www.mocities.com

21 �� President's Day (MML Office Closed)

March 2022 1 �� Innovation Award Submissions Due 1 �� MML Speaking Proposals Due for 2022 Annual Conference 1-4 �� Missouri Park and Recreation Association Annual Conference, Springfield, Missouri 13-14 �� MoCCFOA Spring Institute, Columbia, Missouri 14-16 �� National League of Cities Congressional City Conference, Washington, D.C. 14-18 �� Legislative Recess

April 2022 5 �� Municipal Election Day 26-29 �� Heartland Economic Development Course

May 2022 4-6 �� MCMA Annual Spring Conference

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1-7 �� Missouri Local Government Week

June 2022 9-10 �� MML Elected Officials Training Conference

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16 �� MML Policy Committee Meetings, Columbia, Missouri 20 �� Juneteenth Observed (MML Office Closed)

Find more events and details on www.mocities.com and in the MML monthly e-newsletter.

Our passion is creating LASTING COMMUNITY ASSETS and that is what motivates us every day. 30

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Articles inside

Member News

Wastewater Collection System Asset Management Toolkit

City Of Arnold: Diamond In The

Municipal Warrants In Missouri

President's Review