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

May/June 2021

Coronavirus Sewershed Surveillance Project

Public Works Issue

www.mocities.com 1 Grandview Outer Road Project101 | St. Louis Imagery | Municipal Contracts Municipal Government • Positive Policing Consortium • Annual Conference Photos

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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 May/June 2021 Distributors, Inc. is a wholly owned subsidiary of PFM Asset Management LLC.

THE MISSOURI MUNICIPAL

May/June 2021; Volume 86, No. 3

CONTENTS Features 7 Coronavirus Sewershed

Surveillance Project

12 Grandview Outer Road Project

by Valarie Poindexter

FAQ: Municipal Contracts

by Paul Rost

19 The Power Of Collaboration:

The St. Louis Imagery Consortium

by Jack King

23 How To Conserve Water When You're Losing It

by Emilie Zalfini

25 What's In A Name? Considerations

When Naming Public Streets

by Garrett Tyson

28 What To Do When A Citizen

Who Owes The City Money Files For Bankruptcy

by Steven Fluhr

32 News From The Bench:

Responsibility For Abating Nuisance Is Limited To Property Owner Or Occupant

by Lindsay K. Gilmore

Departments 4 President's Review 34 Getting To Know You: Clara Haenchen 36 Local Government Review:

Cover photos: Marc Johnson, professor, Department of Molecular Microbiology and Immunology, Christopher S. Bond Life Sciences Center, University of Missouri Columbia

Public Works Projects Around The State

45 Member News 46 MML Calendar Of Events

MISSOURI MUNICIPAL LEAGUE BOARD OF DIRECTORS President: Chuck Caverly, Council Member, Maryland Heights Vice President: Joe Garritano, Council Member, Wildwood; Damien Boley, Mayor, Smithville; Paul Campo, Attorney, Williams and Campo, PC; Bryant Delong, Council Member, North Kansas City; Michele DeShay, Mayor, Moline Acres; 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; *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; Cindy Pool, Council Member, Ellisville; Matt Robinson, Mayor, Hazelwood; *Kathy Rose, Mayor, Riverside; *Carson Ross, Mayor, Blue Springs; 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; Missouri Park and Recreation Association; Missouri Chapter of the National Association of Telecommunications Officers and Advisors; Missouri Chapter of the American Public Works Association; Missouri Association of Fire Chiefs EDITORIAL Laura Holloway / Editor Lholloway@mocities.com Richard Sheets and Lori Noe Contributing Editors GRAPHIC DESIGN Rhonda Miller The Review May/June 2021; Volume 86, No. 3 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 Chuck Caverly, Council Member, Maryland Heights, and MML President

Top Ten Tips For Newly Elected Officials Welcome to our newly elected officials! I want to personally thank you for your service. I have no doubt you will do great things for your community! It has been my great honor and pleasure to serve my municipality for 25 years, with 11 of these as a council member, and I hope you find the same joy as you learn your new position as an elected official. There are many tips out there but here are a few items you might find helpful as you embark on this new adventure. 1. Know what resources are available to you. I want to make sure to mention up front the Missouri Municipal League and all the resources they have available to elected officials. From the inquiry service to training (online and in person), website resources to publications, MML can provide guidance for the many questions you will face.

Whether your team is your municipality or the board you sit on, it is important to remember you are not alone. To successfully complete important projects in your city, it is up to you, the board and citizens to work together.

2. Get to know other elected officials. One of things that I have found most helpful is knowing that I am not alone. There are other elected officials out there and there are other municipal staff, all of whom have been there and done that. Picking up the phone, emailing or going for coffee to ask questions of other elected officials is a great way to learn from others and not reinvent the wheel. 3. Get Involved. Whether at the local, state or federal level, make sure you are aware of the issues that impact your municipality. This is where MML can also be helpful. During the legislative session you will receive weekly Capitol Reports via email, so you know what is going on at the capitol. If you have an example where your city would benefit from a piece of legislation or where a proposal would be detrimental to your municipality, let the League know and share your story. 4. Know what your role and responsibilities are. Sometimes these roles and responsibilities are written down in your municipality’s ordinances or policies. If they are, review them and make sure you understand the expectations. If they are not written down, think about working with the board to create some guidelines. It is always helpful to know what is expected of you in your new role.

5. Know the law of the land. This is where training can really come in handy. There are many state laws out there that may impact you directly and your municipality. The Missouri Municipal League provides an Elected Officials Training Conference that covers items such as the Sunshine Law, personnel law and other relevant regulations. This training will be held June 10 and 11 in Columbia, Missouri and is also offered virtually. Registration is open now at www.mocities.com. 6. Develop partnerships. This can mean many things. It can involve building relationships with your board, getting to know them and learning to work as a team. It can also mean building relationships with your citizens. You may not agree with them all but get to know their issues and where they stand. This can also mean building relationships with organizations and businesses that can help you improve and grow your community. Finally, it is crucial to build relationships with your state legislators. My previous president’s column in the March/April 2021 issue of this publication shares some suggestions to make that happen. That issue is posted at www.mocities.com for your reference.

theReview May/June 2021

7. Get to know your citizens. This may be through conversations, surveys or any number of ways. Obtaining feedback from the folks who live in your municipality will prove invaluable. There will always be citizens who are more vocal than others, but that may not represent all your residents. It is important to gather many viewpoints to see the bigger picture of what your citizens truly believe and want. 8. Continue to learn. There are many opportunities out there to continue to grow your knowledge as an elected official. There are formal ways to learn through trainings and webinars. There are also informal ways to increase your knowledge such as networking with other elected officials and reading relevant publications. The Missouri Municipal League has two certified government official programs called the Municipal Governance Institute and the Advanced Municipal Governance Institute. These programs provide elected officials with the opportunity to receive the certified government official designation by attending MML training or watching MML webinars. This shows your constituents you are going above and beyond by continuing your education as an elected official. 9. Be respectful of differing opinions. We are all passionate about certain topics. One of the reasons you are an elected official is likely because you are passionate about your municipality. However, it is important to make sure to be professional and respectful to those on the board and those in your municipality at all times, even when disagreement arises. 10. Remember you are a part of team. Whether your team is your municipality or the board you sit on, it is important to remember you are not alone. To successfully complete important projects in your city, it is up to you, the board and citizens to work together. There might need to be compromises made and conversations about various options, but successful boards work through differences and come together at the table to work towards the betterment of the community, whatever that might look like. Thank you for the opportunity to share some of the lessons I have learned as an elected official, MML board member and most recently as MML president. I am confident you will find your journey rewarding as you make decisions impacting the day-to-day lives of your citizens in a meaningful way. Local government continues to be closest to the people and your work matters deeply. When you face questions and challenges, do not hesitate to reach out to MML for guidance and resources. I look forward to meeting you at an upcoming MML event!

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FEATURE Review

Coronavirus Sewershed Surveillance Missouri Leads The Way In New Science For Tracking COVID-19

Missouri municipalities are playing an interesting role in the pandemic via wastewater, in a positive way. Photo credit: Marc Johnson.

What do wastewater and COVID-19 have to do with each other? Missouri municipalities are playing an interesting role in the pandemic via wastewater, in a positive way. In May 2020, the Missouri Department of Health and Senior Services (DHSS), Missouri Department of Natural Resources (DNR) and researchers at the University of Missouri – Columbia began collaborating on a statewide project to test domestic wastewater for genetic markers of SARS-CoV-2, the virus that causes COVID-19. This project is a proactive effort to inform public health decisions and help

mitigate disease impacts. It is funded by a Centers for Disease Control and Prevention, Epidemiology and Laboratory Capacity grant through the DHSS, Environmental Public Health Tracking, and federal CARES funds. The idea for the project came from studies in the Netherlands, Italy and United States that found a direct correlation between the amount of viral material in sewage and the number of reported cases within a given “sewershed,” or the area that drains into a community’s wastewater collection system. While the virus that causes COVID-19 www.mocities.com

The researchers are testing COVID-19 viral load in the wastewater from participating community water systems across Missouri. Photo credit: Marc Johnson.

is new, using wastewater for tracking disease is not a new technique. In the past, wastewater testing has proven useful in tracking diseases such as polio and norovirus and is proving to be a valuable tool for SARS-CoV-2 surveillance. The virus is shed in human feces, and it can be detected in wastewater by testing for specific genetic markers. It is important to note that wastewater is not a significant transmission pathway for the virus. This project aims to mitigate COVID-19 impacts by using wastewater data to identify the geographic distribution of SARS-CoV-2 in Missouri and monitor for indicators of SARS-CoV-2 emergence or reemergence within a community. The genetic material from the virus that causes COVID-19 can be present in human waste even when individuals

have no symptoms. Tracking the amount of viral genetic material (viral load) in wastewater is an emerging method of monitoring trends of the virus in communities. Since people may not have symptoms and it can take several days before infected people start to show symptoms, sewershed surveillance can provide early awareness of new or worsening outbreaks. This may be an additional data source to help direct testing and resources to protect public health. Sewershed surveillance cannot tell the researchers the number of individuals currently infected with COVID-19. However, as data are collected and trends are identified, that information may be helpful to track the progression of the virus in communities and inform public health strategy. The researchers are testing COVID-19 viral load in the wastewater from participating community water systems across Missouri. This is new science for COVID-19 tracking. Missouri is one of the first states to initiate this testing and this is one of the largest-scale projects in the U.S. “Wastewater surveillance is a cost-effective, proactive effort to inform public health strategy and help mitigate disease spread,” said Chris Wieberg, director of DNR’s Water Protection Program. “We’ve had a tremendous interest and response from our partners in the wastewater treatment sector.” Raw wastewater samples collected by communities are submitted via courier to the Life Sciences Center at the University of Missouri, where Professors Marc Johnson and

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This is new science for COVID-19 tracking. Missouri is one of the first states to initiate this testing and this is one of the largest-scale projects in the U.S. Chung-Ho Lin, along with research scientist Hsin-Yeh Hsieh, conduct molecular analysis that looks for genetic markers of the virus. The university laboratory is currently testing sewage samples from over 120 sites, with about two-thirds being wastewater treatment facilities, the rest are state agencies (e.g., correctional centers, mental health facilities and veterans’ homes) and universities. The researchers have processed more than 3,700 samples from Missouri to date and have deep-sequenced the wastewater from more than 100 facilities to look for variants. On Feb. 26, 2021, DHSS announced that after the first round of sewershed testing, analysis indicated that small amounts of B.1.1.7 (UK) variant virus was present in sewage samples from 15 of 23 locations throughout the state. “As part of our overall commitment to COVID-19 surveillance, we continue to monitor for variants both clinically and through sewershed sampling,” said Dr. Randall Williams, former DHSS director. “Our laboratory is equipped with state-of-the-art analytical Figure 1. Map displaying the location and relative sewershed size instruments and methods,” said Professor Lin, “with the ability (population served) of wastewater facilities participating in the Coronavirus Sewershed Surveillance Project. Additional sampling to detect and quantify down to low concentrations of the virus. locations (not displayed) include congregate facilities and universities. It is certainly cutting-edge research directed at protecting the Note: Some municipalities are labeled for reference. health and well-being of Missourians.” Disclaimer: Although this map has been compiled by the Missouri “This sewage testing can provide additional, populationDepartment of Natural Resources, no warranty, expressed or implied, level information about the presence and amount of virus is made by the department as to the accuracy of the data and related materials. The act of distribution shall not constitute any such warranty, and in a community that is not captured by testing patients,” no responsibility is assumed by the department in the use of these data or said Jonathan Garoutte, administrator of DHSS’s Section for related materials. Environmental Public Health. “People can be infected for up to 14 days before showing any symptoms, and they may not get tested. This testing can provide early awareness for local d? nfiel w o public health agencies and help direct r B d testing and resources that protect public inate m a t health.” The data generated from sewage Con ite? S testing will be useful for understanding the distribution of SARS-CoV-2 in ed ndon ? a Missouri and monitoring long-term b A erty trends for indication of reemergence to Prop inform mitigation efforts. ent opm l e v DNR is working with municipalities e Red tential? and s e we r dist r i c t s t hroug hout Po Missouri (Fig. 1) to coordinate the ... weekly collection of influent (untreated If so wastewater) samples. Laboratories at the University of Missouri then test samples for genetic markers of SARSContact us for a No-Cost CoV-2 and provide results to DHSS to share with municipalities and local Environmental Assessment of public health agencies. The project is your Brownfield Property funded by $850,000 in federal grants to DHSS, providing capacity to test up MissouriBrownfields.com MissouriBrownﬁelds@dnr.mo.gov 573-526-8913 to 80 samples per week for one year www.mocities.com

FAQ Can I get COVID-19 from the air, water or soil around a Wastewater Treatment Plant (WWTP)? There is no evidence that the virus is viable as it travels through sewage systems.

Can I get COVID-19 from my municipal drinking water? No. Drinking water is treated to remove pathogens, including the virus that causes COVID-19.

Will my community be shut down or have a stay-at-home order issued because of the data? No. This data alone will not drive a stay-at-home order. Rather, we hope this is a tool for communities to use along with other resources to help protect their citizens.

Can DHSS tell where in the community the virus is coming from? No. This test looks at the sewer system as a whole, so it is impossible to pinpoint where in a community the virus is coming from.

Can SARS-CoV-2 be transmitted through wastewater? There is no evidence that wastewater is a transmission pathway for the virus. For additional information, CDC has created this webpage for wastewater workers: www. cdc.gov/coronavirus/2019-ncov/community/sanitationwastewater-workers.html.

When did sample collection begin?

How were sampling locations selected? DHSS considered a combination of factors based on data needs: hotspots of infection, areas with no or low infection, critical industry areas, congregate institutions, and geographic coverage.

Who will receive test results and how? Participating facilities and public health agencies will have access to test results through a DHSS online portal. Data will also be available to the public through a DHSS hosted website.

How will the data be used? Data will be monitored for early indicators of new outbreaks and upward or downward trends in the amount of viral genetic material. This information will help alert public health officials about infection or lack of infection, and could be helpful to direct resources, such as community testing events, to areas that might need it most.

Who can we contact at DNR for additional information about participation? Please contact Jessica.Klutts@dnr.mo.gov or Sally. Zemmer@dnr.mo.gov.

Where can we find more information on this study? You can either search online for the Sewershed Surveillance Project or go to: https://storymaps.arcgis.com/stories/ f7f5492486114da6b5d6fdc07f81aacf

Sample collection began the week of July 6, 2020. Prior to this, nine facilities participated in a six-week pilot study that began in May 2020.

beginning July 2020. Currently, the researchers are sampling 78 wastewater treatment facilities in 60 cities throughout the state. In January, the partnering agencies developed a storymap to display results. The storymap (storymaps.arcgis.com/ stories/f7f5492486114da6b5d6fdc07f81aacf) contains an interactive map displaying sewershed trends and identifying those found to have a significant increase in the viral particles measured. The interactive map also identifies sewersheds with little to no change in the trend but that remain elevated. Individuals can select specific sewersheds and see their sample results. Because of the numerous variations from one 10

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sewershed to another, it is not possible to directly compare sewershed readings between facilities and communities. “As the outbreak continues, this program remains an effective tool for trends analysis to be used with other measures of viral spread in a monitored population,” said Jeff Wenzel, bureau chief of DHSS’s Bureau of Environmental Epidemiology. Early this year the surveillance team was awarded a twoyear, $4 million grant from the National Institutes of Health to figure out how differing levels of SARS-CoV-2 can appear in a community’s wastewater. Marc Johnson, a professor in the Department of Molecular Microbiology and Immunology

and an investigator in the Christopher S. Bond Life Sciences Center, said the research will focus on two main areas: • Determining a range of the amount of RNA from SARS-CoV-2 that an individual person can contribute to the level found in a community’s wastewater. • What types of environmental factors contribute to the detection of SARS-CoV-2 in wastewater, such as situations where little or no genetic material is present despite known clinical outbreaks. “In addition to measuring for the presence of the virus, we will now be able to start making sense of the numbers and expand the types of questions we can ask about the results,” said Johnson. “I really think this type of testing will continue long after the pandemic, and I believe studies like this will be able to ‘flush’ out how the virus works by figuring out what we can do with it and Sample collection began in July identify our limitations.” 2020. Prior to this, nine facilities participated in a six-week pilot study that began in May 2020. Photo credit: Marc Johnson.

This research could not happen without the incredible partnership b e t we e n t he st ate agencies, universities, and municipalities. This project has been proven to be not only groundbreaking but beneficial on many le vels. It has a ls o helped foster a positive relationship at the state and local level and has provided valuable information that will continue to be built upon for many years to come.

Photo credit: Missouri Department of

T h i s a r t i c l e w a s Natural Resources. compiled by Ramona Huckstep, MML policy and membership associate, from the Missouri Department of Health and Senior Services, Missouri Department of Natural Resources, and researchers at the University of MissouriColumbia.

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FEATURE Review by Valarie Poindexter

Grandview Outer Road Project Lays Ground For Future Development

The city of Grandview has partnered with the Missouri Department of Transportation (MoDOT) to make this project two firsts: the first time any outer roads have been converted back to two-way traffic and the transportation organization’s first federally funded, design-build project.

At least 90,000 cars, trucks and motorcycles cruise along Interstate 49 (I-49) through the city of Grandview, Missouri every day. Along the one-way outer roads, drivers are often forced to use the massive U-turn bridges to get around the City and many businesses lack access to those drivers, i.e., potential customers. Grandview, a first-tier suburb of Kansas City, Missouri, is now embarking on a $15-million economic development project hinging on infrastructure. In an effort to make future development more appealing along I-49, construction of the I-49 outer roads conversion to two-way traffic is scheduled to start this summer. The city of Grandview has partnered with the Missouri Department of Transportation (MoDOT) to make this project two firsts: the first time any outer roads have been converted back to two-way traffic and the transportation organization’s first federally funded, design-build project.

History In the 1970s, the city of Grandview was a bustling suburb home to many personnel from the nearby Richards12

theReview May/June 2021

Gebaur Air Force Base (AFB) and families were busy in the retail area of Truman Corners shopping for groceries and clothes for the kids. Running through the heart of the City was U.S. 71 Highway. In 1980, MoDOT converted those outer roads through Grandview from two-way to one-way traffic due to increased safety problems along the outer roads. That same year, a new retail center opened nearby where I-435, I-470 and U.S. 71 Highway meet. Truman Corners began to suffer, as well as other businesses along the highway. By the 1990s, the U.S. Air Force had decided to decommission Richards-

Gebaur AFB and Grandview’s economy stalled. Truman Corners had only a few remaining tenants, and businesses began disappearing from the along the outer roads. In 2012, the federal government designated US-71 Highway to Interstate Route I-49. Beyond some interstate signage and an increased speed limit, little else changed along the interstate; but, after decades of stalled growth, Grandview was once again changing and growing. “The transition from US-71 to an interstate was the right time to explore the economic potential of this area and

its role in the future of Grandview,” shared Grandview’s Mayor Leonard Jones who was an Alderman at the time of the I-49 designation. “It’s important we put Grandview’s best face forward to the thousands of people who drive, walk and bike through Grandview every day.” City leaders launched an I-49/US-71 Sustainable Redevelopment Corridor Plan in February of 2013. This plan became the starting point for creating a holistic vision for the commercial spine of Grandview.

PROJECT GOALS: • Improve safety, operations and connectivity for all modes of transportation on the interstate and local roads. • Provide a facility that improves the quality of life for the public through improved access, mobility and public health. • Provide a quality product that improves the economic opportunities within the project budget. • Provide a sustainable design that reduces long-term maintenance. • Minimize inconvenience to the public and optimize communication methods to the public during construction. • Construct the project by the specified completion date.

One Way Or The Highway? The I-49/US-71 Sustainable R e d e v e l o p m e nt C o r r i d o r P l a n recognized the system as the front door of Grandview for the thousands of people who drove through the city every day. This project aimed to create a plan to attract new investment and development, improve the quality of life for Grandview residents and businesses, and improve the character of the corridor. Three community workshops allowed citizens to weigh in with their input. The study results recognized the benefits of providing bicycle and pedestrian connections and creating a more user-friendly frontage road system. “Many companies won’t locate on sites with restricted access, like one-way traffic, even with attractive market demographics,” explains Grandview’s Economic Development Director David Carranza. “They have the luxury of choosing locations where drivers can easily get in and get out.” Knowing the potential benefits the outer roads held for local businesses, drivers and high-quality development, city leadership gave the green light to turn the study into a plan of action.

lead on the project. In addition, the City will take ownership of the outer roads after the project is complete. Early on, former Grandview Public Works Director Dennis Randolph knew this project could work as design-build. MoDOT Transportation Planning Coordinator Mike Landvik typically deals with federally-funded projects led by a city/county, designed first by an engineering firm and then placed out for bid. The design-build process is different. Contractors and engineers team up to submit proposals on a fixedprice project.

“This project is unique in the fact that it’s our (MoDOT’s) first LPA (local public agency) project using the designbuild delivery method,” explained Mike Landvik. “The advantage of this method is that the project can move along more quickly, there can be significant cost savings and this also allows for more innovation because the engineering d e s i g n f i r ms an d c ons t r u c t i on contractors are working together in a collaborative process.” While there are benefits to designbuild, Landvic went on to describe the challenges this project faced, especially since it was a first for MoDOT.

Making It Happen For years, Grandview Public Works worked with MoDOT on the concept, then worked to win a total of $12 million in federal and state grant funding for the $15-million conversion of the outer roads to two-way traffic. The $3 million match from the City will come from transportation sales tax, and with money in hand, the City will take www.mocities.com

“This being the first federally-funded project in Missouri using the designbuild delivery method led to a lot of extra reviews from both the Federal Highway Administration (FHWA) and our central office,” said Landvik. “FHWA identified it as a project of division interest; that’s rare and essentially means they can get involved or review any aspect of the project. They usually only review projects once they’re complete.” The design-build team of Trekk Design Group and Radmacher Brothers

Excavating submitted the winning designs for the outer roads conversion. Engineer Tawn Nugent is excited to be working on the project. “TREKK became interested in the project years ago when the City decided to pursue an alternative project delivery methodology,” said Nugent. “We enjoy collaborating with contractors on design-build projects to develop innovative solutions and this project presented many challenges to solve.”

Engineers and designers have a list of project goals they hope to accomplish. Some of the problems with the current roadway configuration are the multiple driveways along the frontage roads and the weaving areas on the frontage roads, a result of freeway ramp locations. While this new design would not consolidate driveways, it might require a lower speed limit that could lead to fewer accidents. A recent study showed that the twoway frontage road concept reduced traffic volumes on the frontage road

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system compared to its current one-way status. This is due to improved access options between locations on either side of US 71. Ramp merge and diverge locations along the frontage roads will be evaluated in more detail to minimize weaving from I-49 to development driveways and crossstreets. In a City divided by an interstate, this $15-million joint project between Grandview and MoDOT will change the City for the better, not just for drivers but for pedestrians and bicyclists as well. MoDOT has completed all new bridges spanning I-49 and all feature sidewalks. Additional sidewalks on the outer roads will be included, although with the rising cost of construction materials, details are not yet determined. City of Grandview’s Interim Director of Public Works Doug Wesselschmidt inherited one big job, and he is up for it. “This project has been discussed for at least a decade and with funding in place and a design-builder under contract, residents and business owners will soon see construction beginning in a few months.” Final designs for the first of four construction phases are expected to be approved by May. Construction on the project is set to begin this summer with crews beginning on the east outer roads. T he pl an and proj e c t are an opportunity to set a course for the future. Building long-term success starts on I-49 in Grandview where we are building tomorrow’s community.

Without your updates, members may miss important meeting, training and legislative information! Questions? Contact MML at info@mocities.com or 573-635-9134.

Ramp merge and diverge locations along the frontage roads will be evaluated in more detail to minimize weaving from I-49 to development driveways and crossstreets.

Valarie Poindexter is the communications manager for the city of Grandview. Learn more at www.grandview.org. www.mocities.com

FAQ: Municipal Contracts by Paul Rost

The answers to these FAQs are intended for discussion purposes and to provide the reader with useful ideas and general guidance on the topics and issues covered. Although we have made every effort to ensure the accuracy of these answers to the FAQs, neither the MML, the author of this article nor Cunningham, Vogel & Rost, P.C. assumes any responsibility for any individual’s reliance on the information presented. This article does not constitute legal advice and information provided may require consultation with applicable professionals to appropriately apply to specific circumstances.

Does a municipal contract have to be in writing? Yes. Section 432.070 RSMo is clear: “No county, city, town, village, … other municipal corporation shall make any contract, unless the same shall be within the scope of its powers or be expressly authorized by law, nor unless such contract be made upon a consideration wholly to be performed or executed subsequent to the making of the contract; and such contract, including the consideration, shall be in writing and dated when made, and shall be subscribed by the parties thereto, or their agents authorized by law and duly appointed and authorized in writing.” In summary, this means that all municipal contracts must be: •

within City powers or otherwise expressly authorized by law;

•

consideration wholly to be performed or executed after the making of the contract;

•

in writing, including the consideration;

•

dated when made;

•

signed by all parties; and

•

city authority to sign the contract must also be in writing.

These requirements “are mandatory … and … a contract made in violation of them is void ...”. City of Fenton v. Executive Intern. Inn, Inc., 740 S.W.2d 338 (Mo. App. E.D. 1987).

What is the best way to authorize a city official to sign a contract—by a Motion, Resolution, or Ordinance? Strictly speaking, an ordinance or resolution is not required by state law, but it is advisable. For example, the minutes of a governing body may be part of the “writing” showing express authorization of governing body to execute. United Cooperatives, Inc. v. City of Smithville, 630 S.W.2d 255 (Mo. App. W.D. 1982). Be advised, though, if you are going to rely on the minutes as the “writing” they must show that the requirements of § 432.070 were met. City of Gainesville v. Gilliland, 718 S.W.2d 553 (Mo. App. S.D. 1986) (contract was unenforceable where minutes did not adequately state amount city was paying and what other party would do in exchange for payment). An ordinance may be necessary if the purchasing policy does not authorize signing the contract. For example, in 16

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Sorkin v. City of St. Clair, 800 S.W.2d 817 (Mo. App. E.D. 1990), the court found the contract unenforceable because it was not executed by a public official and because there was no ordinance authorizing execution of contract. Similarly, a city was prohibited from paying supplier of materials for road project where the amount of materials exceeded limit in its city charter for no-bid purchases. Riney v. City of Hannibal, 712 S.W.2d 49 (Mo. App. E.D. 1986). Also, a contract was not validly authorized where no single written approval existed but rather only a piecemeal gathering of majority of the governing body. Moynihan v. City of Manchester, 265 S.W.3d 350 (Mo. App. E.D. 2008). Finally, it is important to authorize the contract correctly from the outset because you cannot fix it later. City of Warrensburg v. RCA Corp., 550 F. Supp. 1364, 1378 (W.D. Mo. 1982), supplemented sub nom, City of Warrensburg, Mo. v. RCA Corp., 571 F. Supp. 743 (W.D. Mo. 1983) (a contract entered in violation of Section 432.070 is void from the start; it cannot be enforced in any manner on the theory of a ratification, estoppel or implied contract.)

Who should sign contracts? Simply put, contracts should be signed by whoever the city council or board of aldermen has authorized. So, to determine “who can sign,” look to either (1) municipal purchasing ordinances or other policies that may authorize, for example, the city administrator, purchasing agent or mayor to sign certain contracts, or (2) an ordinance or resolution approving the specific contract in question and authorizing its execution on behalf of the municipality.

What’s the liability for an individual who signs contracts without authorization? State law imposes no penalty on a city official who executes a contract without authority. The main purpose of the law setting requirements for city contracts is to protect municipalities. Withers v. City of Lake St. Louis, 318 S.W.3d 256, 263 (Mo.App. E.D. 2010). The statute recognizes that municipal corporations represent the public and should be protected from the unauthorized actions of their agents. City of Kansas City v. Sw. Tracor Inc., 71 S.W.3d 211, 215 (Mo.App. W.D. 2002). So, while there is no penalty against, only protection from, unauthorized acts of public officials in state law pertaining to

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If the city authorizes and directs the mayor to sign a contract but the mayor doesn’t do so is the contract still enforceable? A contract must “be in writing and dated when made and shall be subscribed by the parties thereto….” Section 432.070 RSMo. If it is not signed (or “subscribed”) by the parties to the agreement, it is not enforceable. Sorkin v. City of St. Clair, 800 S.W.2d 817, 819 (Mo.App. E.D. 1990) (a contractor cannot unilaterally bind the city by executing a contract in response to a meeting at which board of aldermen voted and approved architect for a project, where the written contract was prepared and signed by architect only, notwithstanding that minutes were signed by mayor and an assistant).

Is there a limit on how long a contract may be for? There is no blanket limit on the duration of municipal contracts although there are limits on the length of certain categories of contracts and municipalities. For example, third class cities with a city manager form of government cannot enter an agreement to extend any franchise, lease, right or privilege in the right-of-way or public places for more than twenty years. RSMo § 78.630. Similarly, third class cities cannot make contracts with anyone to furnish water to the city for longer than twenty years. RSMo § 88.633. Also, some city charters may include limits on the duration of leases or other agreements such as the Kansas City Charter’s 50-year lease term limitation, repealed August 8, 2006 by the adoption of a new City Charter by the electors of Kansas City.

Can a contract “bind a future council”? While it is often said that members of a board or council cannot bind their successors in office when no vested right exists to have an ordinance remain in effect (see e.g., City of St. Louis v. Cavanaugh, 357 Mo. 204, 214, 207 S.W.2d 449, 455 (1947)), this really has no applicability in the contract situation. The general rule is that if a contract involves the exercise of the municipality’s business (or, proprietary) powers, the contract may extend beyond the term of the contracting body and will be binding on successor bodies if, at the time the contract was entered, it was fair and reasonable 18

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and necessary or advantageous to the municipality. §29:103. Duration of contract—Binding successors, 10A McQuillin Mun. Corp. § 29:103 (3d ed.). Its only where the contract implicates the legislative functions (or, governmental powers) of the municipality, that the contract is not binding on successor boards or councils. “A city cannot surrender or contract away its governmental functions and [police] powers.” The Lamar Co., LLC v. City of Columbia, 512 S.W.3d 774, 784 (Mo. App. W.D. 2016) (city had no authority to contract away future enforcement of its zoning ordinance against rebuilt or relocated billboards, so agreement doing so exceeded the scope of city’s powers in violation of Section 432.070 RSMo and is void).

Should a city official sign a contract that requires the city to indemnify a vendor? No. There is no authority for municipal indemnification of private parties. Agreements to indemnify are waivers of sovereign immunity and only the General Assembly may enact such waivers. See Op. Atty. Gen. No. 138, Webster, 1218-1987 (“To agree to [defend, indemnify and hold harmless], is to waive the state’s sovereign immunity, that is, the legal prohibition against the state being sued in its own courts for damages from the torts of its officers and agents. Only the legislature can waive this immunity.”) Furthermore, it probably violates Missouri Constitution, Article 6, § 25, prohibiting a local government from lending “its credit” or granting “public money” to any private individual, association, or corporation. For both reasons, a municipality should vehemently object to a vendor including in a contract an indemnification by the municipality. Conversely, it is good policy for a municipality to require its contractors to indemnify the city as taxpayers should not be forced to shoulder extra costs resulting from a contractor’s willful or negligent acts. Paul Rost is a founding shareholder in the law firm of Cunningham, Vogel & Rost, P.C., formed in 2002 to exclusively serve municipalities, other local government entities and coalitions, and related public sector clients. Paul represents municipalities throughout the region in land use planning and regulation, state Sunshine Law compliance, contract and procurement procedures, municipal code drafting, and general municipal law. Paul currently serves as the city attorney for the cities of Green Park, Manchester, Twin Oaks, Warson Woods, and Wright City, Missouri, and is the Village Attorney for Marlborough, Missouri. Paul received his J.D. degree, cum laude, from Saint Louis University in 1992 and his B.A. degree from the University of Missouri-Columbia.

FEATURE Review by Jack King

The Power Of Collaboration: The St. Louis Imagery Consortium

Downtown St. Louis, St. Louis Imagery Consortium 2020 project.

More than ever, public entities struggle to get the most value for their dollar. For county and municipal administrators, Geographic Information Systems (GIS) are an integral part of their management effort; public entities can optimize their buying power by working with neighboring entities,;consolidating their projects to gain cost efficiency; and get more for taxpayer dollars. By combining their projects, partnering entities gain the benefit of bulk buying power. This takes advantage of operational cost efficiencies. For aerial mapping (used to support Geographic Information Systems), multiple entities can have their projects flown at the same time; the costs of making separate flights to and from the project area are eliminated. The savings in costly aircraft and fuel costs are shared by all the partners, with the net result being that all participants receive a benefit from the collective effort. Realizing these cost efficiencies, in 2010 several entities in the St. Louis area began working together for their

mapping projects, forming a consortium dubbed the St. Louis Imagery Consortium. During its first year, this project was organized and managed by the city of Maryland Heights, and all subsequent years (2014, 2016, 2018 and 2020) were coordinated by the contractor, Surdex Corporation. St. Louis County and the Metropolitan St. Louis Sewer District (MSD) are the largest area partners for this project, and over the years many municipalities and other entities have participated. The base project consists of the acquisition of 6” resolution imagery of the entire county and, typically, some area beyond the county boundary as well. The final imagery serves a wide variety of purposes for the consortium partners. One of the main uses is for updating participants’ GIS data—digital, geographically referenced data of ground features such as roads, buildings or forests. This data can be used for transportation planning, tax assessment, habitat monitoring and countless other uses. As a specific example, Metropolitan St. Louis Sewer District uses this data www.mocities.com

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for impervious surface mapping that is essential for assessing and managing water flow within the District. The project is typically executed every two years. In 2012 and 2015, however, imagery of the area was collected for the East-West Gateway Coordinating Council, funded by a grant that had federal backing. This imagery was made available to the public, including the consortium partners, at no cost; therefore, the St. Louis Imagery Consortium did not need to conduct their project in those years. Surdex Corporation collected the imagery for these efforts as well. The St. Louis Imagery Consortium begins each acquisition project by determining which partners are interested and have funding. Partners must indicate a boundary for the imagery they would like to receive. All partners who purchase a minimum area or pay an equivalent fee will receive imagery of the entire project area; however, partners have an agreement that only allows them

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to distribute the data tiles they have paid for. Once project boundaries are finalized, Surdex creates contracts for each participant and generates a flight plan. Wherever possible, flight plans from previous years are repurposed to provide added consistency and allow optimal comparison of yearto-year imagery. This plan includes additional flight lines in areas with tall buildings (i.e., downtown St. Louis) that reduces the amount of apparent “lean” and excessive shadows from the buildings. Imagery is captured in the spring before the leaves come out on all the trees because they make it more difficult to view features on the ground. Since they are based out of Chesterfield, Surdex can take advantage of good weather days with superior visibility to obtain clear imagery. Once the area is flown, it is processed and final imagery is delivered to each participant. Entities and individuals who are not project partners can benefit from the consortium projects. Each time a new project is complete, the prior project’s imagery is made freely available through Missouri Spatial Data Information Service (MSDIS, http://www.msdis.missouri.edu/). This means that when the 2020 project is complete, the 2018 data will be available to anyone for free. This collaborative effort is extremely important to area county and municipal governments. By working together to fund the project, the consortium members receive a better value for this critical data, therefore resulting in optimal use of taxpayer and customer dollars. Participating entities can better serve their communities through the use of accurate, up-to-date data. Jack King is a regional representative in business development for Surdex Corporation. He works with county assessors, city, and municipal leaders across the state of Missouri. Surdex Corporation is an aerial mapping company based out of the Spirit of St. Louis airport in Chesterfield, Missouri. It has been in continuous operation under the same family ownership since 1954.

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theReview May/June 2021

FEATURE Review by Emilie Zalfini

How To Conserve Water When You Are Losing It Three percent of water on our planet is freshwater and only 1 percent is suitable for drinking, so it is not difficult to see that water conservation is an important issue for the planet, and one that can save utilities and their customers money. Conservation is good for the planet and your bottom line, but it is not as easy as asking your customers to use less water, especially when the system is losing water because it is aging and in poor repair. An estimated 2.1 trillion gallons, or 6 billion gallons a day, are lost each year, and 240,000 water main breaks occur annually. Much of the country’s 2.2 million miles of water lines are approaching the end of their usable lifespan. More than 40 percent of water infrastructure is considered poor, very poor or elapsed, and the American Society of Civil Engineers (ASCE) has consistently given the nation’s infrastructure failing grades. The ASCE gave Missouri’s water infrastructure a C-, noting that the state’s water utilities, including the approximately 50 percent that serve 10,000 customers or less, need $8.5 billion in investment through 2030. Approximately 70 percent is needed for transmission lines and 15 percent for treatment purposes. Of the water treated by Missouri utilities, a full 20 percent goes to nonrevenue public use and water loss. Of $200 billion needed to update aging infrastructure to meet regulatory requirements and quantity and quality concerns, approximately $97 billion, or 29 percent, will be needed for water loss

housings or easily discovered by varying the schedule for meter readings. Running a usage audit can show if a homeowner has a steep drop in gallons used.

Loss

control. The average loss is 16 percent through loss and theft, and 75 percent of that is recoverable. Losses can come from authorized, but unbilled consumption; unauthorized consumption, or theft; and data handling errors and metering inaccuracies.

Theft Theft can do a lot of damage. For one, there is a cost associated with producing that water and when a utility does not recoup the costs for stolen water, that cost must be spread out across those customers who are paying, increasing their bills. Frequently, when businesses or contractors access water without authorization, they open a fire hydrant or tap into a sprinkler system – something that could damage those life-saving systems. Residential customers who are stealing water usually employ a meter jumper, a piece of pipe that replaces a meter that is removed between meter readings and replaced for the reading, resulting in artificially low billing. This can be prevented by locking meter

In fact, an audit of the entire system is a great opportunity to find places where water is being lost because of failing pipes. A data audit can look to compare authorized and unbilled consumption, billed consumption and unauthorized and unbilled consumption. Nonrevenue losses, including real losses from leaking pipes, apparent losses from billing and meter errors,and both authorized and unauthorized, unmetered use, can stack up. Leaks can cause damage to other infrastructure, such as roadways and sewers, and even to customers’ homes, while large breaks can be costly both in cash and good will. A n A m e r i c a n Wa t e r Wo r k s Association assessment of 246 utilities’ water audits found a collective apparent loss of more than 29 billion gallons at a cost of $151 million. At the same time, real losses due to leaks were more than 130 billion gallons. A water audit, including physical inspections, flow analysis and leak detection tools such as sonic leak detectors and visual inspections, will help determine where these real losses are most likely originating from and which ones are in greatest need of repair through pipeline and asset management. Pipeline management is a plan for maintaining, repairing and replacing old www.mocities.com

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pipes and installing new ones based on condition and demand. The AWWA also notes that the great majority of hidden leaks are found in customer service lines – and they are not repaired in a timely or efficient manner.

Conservation When you have done all you can to shrink loss and theft, water conservation is another way to reduce costs. Conservation is not just for customers – it is up to community leaders to show the way. Use of low-flow fixtures, WaterSense-rated appliances, aerators and native plants in the home and yard is a great way to show that you take conservation seriously. Engage with the public and find champions, like-minded people who will help spread the message and provide them with resources to share with family and friends. Educate customers about the cost savings to them and simple, entry-level conservation habits they can adopt before challenging them to 24

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think bigger. You may want to choose monthly educational focuses by sharing information in newsletters, holding workshops or providing volunteer work crews to help with installing low-flow fixtures and aerators. In Belen, Costa Rica, for example utilities have seen success in encouraging conservation by using social norms and noting the difference between customers’ water bills and those of their neighbors with a smiley face if consumption was less and a frowny face if it was more. Smart billing also can show customers their consumption, including when they use the most and least amount of water and how much money they save with conservation measures and efficient appliances and fixtures. Some utilities have seen success by including conservation planning worksheets with bills. In addition to these measures, a partnership with ServLine can help address nonrevenue water loss behind the meter. ServLine can shield your utility and your customer from the

financial shock of a large water loss through our leak protection program. To learn more about how the program works, visit www.ServLine.com. Emilie Zalfini is a graduate of Robert Morris University where she earned her Bachelors in Advertising Communications and minored in Psychology. Prior to HomeServe, her background included customer service, hospitality, training and sales in multiple fields, most notably insurance. As a licensed insurance agent, Emilie spent time at Aetna Insurance Company in the Medicare department and as Broker with ADP helping small business owners to provide employee benefit plans to their employees.

FEATURE Review by Garrett Tyson

What's In A Name?

The names we give people, places and things are extremely important. These names not only serve to signify what, who, or where the object is, but they also communicate other important messages about the character of their object. Names have meaning. This is no less true for naming public streets. These names become important messages to important audiences about where they are in the world. In many cases, street names become the name of the place that surrounds it (e.g., Broadway in New York, Lake Shore Drive in Chicago, and Main Streets everywhere). What (and how) we name streets matters. If street naming is a form of communication, then it is worth exploring who the audience is to better understand how to reach them. There are a variety of audiences worth considering. Customers, patrons, friends and family (and Amazon) are not the only audiences using street names to find homes and businesses. When there is an emergency, the last thing on the minds of anyone trying to help should be how to correctly pronounce (or spell) Acai Lane. When there is an emergency, you want emergency responders to get to you as quickly as possible. Street names are a major part of making that happen. How can we as public officials do a better job of communicating with street names? Below are some pointers to help make sure that these important audiences receive the message you send, as you intended it. 1. Keep It Simple. Do not use street names that are difficult to spell, sound like other common names/ words, or are phonetically confusing. Avoid using names with more than a dozen or so letters to prevent potential problems and errors. If possible, use the most common spelling of the word. It is Sandalwood, not Sandlewood … but probably avoid both just to be safe. 2. Stay The Course. Streets that continue throughout the community for significant distances should maintain the same name. Avoid changing names at

major intersections. Nobody likes explaining that while the street sign says Rosebud, it is Cloverleaf if you turn left at the light. Do Not Double-Dip. Avoid using the same name for streets in varied locations or alignments. Having Hickory Lane on one side of town and an Old Hickory Street on the other is not a good idea. Use Theme Names. With the first two tips as caveats, using themed street names within a relatively contained neighborhood or development can be helpful. If the name of the neighborhood is prominently used, having street names that correspond to the overall theme can be helpful in creating a sense of place and location. The neighborhood where all the streets are named after St. Louis Cardinals legends can be memorable and helpful if you choose the names carefully. But Do Not Get Too Cute. While themed naming schemes can be helpful, there is a point at which it does more harm than good. To borrow the previous example, Gibson Lane can work just fine. Schoendienst Street, not so much. Suffixes Have Meanings Too. As cool as it might seem to name that new roadway Santa Monica Boulevard, if it does not have a landscaped median it might be a bad idea. Many regions have consistent roadway suffix schemes that correspond to directions and types of roadways. Conforming to that system can be very important in helping your audience properly orient themselves in your community. In Springfield, Missouri, avenues generally run North-South and streets run East-West (with Main Street being an exception). If your region has a generally accepted rule for street suffixes, use it. Play By The Rules. Of course, the most important of generally accepted rules concerning street naming are your municipality’s ordinances. If you have ordinances in your local code that specifies street naming and numbering conventions, abide by them. www.mocities.com

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8. Team Up. If you really want to be certain that you are communicating effectively to your audience, invite them into the room where it happens. If you have not already done so, establish clear and open lines of communication with emergency responders and the local post office about addressing and street names. If feasible, establish an address and street naming committee to oversee the function. 9. Money Talks. If I were a real estate investor or developer, I can imagine that naming the streets in the subdivision I am designing and constructing might be important to me. I recommend allowing developers to propose street names and accepting them so long as they satisfy your local standards and avoid some of the pitfalls mentioned in this article. I think it is good to afford that opportunity, even for public streets. 10. Give It A Name. Lastly, if you are in an urbanized (or urbanizing) setting where new streets are proliferating, consider changing street names upon annexation. Taking State Highway NN to get to the new Starbucks on Farm Road 132 will work for the locals, but drivers from out of town might never get their caramel macchiato (and pay sales tax on it). The bottom line: If the police, the post office and the pizza guy can get there, you are probably doing alright. For more 26

theReview May/June 2021

detailed and specific guidance on naming and addressing conventions, members can view more information at the MML website by clicking the “One Stop Shop” link.

Keep In Mind: Street names should be prominently displayed on signage that conforms to your locally adopted specifications. These specifications should be adopted by ordinance and contained in a specifications manual that can be made available to developers and their contractors who may be installing signage. The street names themselves should be officially accepted in a manner conforming to the locally adopted procedure (again, that procedure itself should be adopted by ordinance). Street name changes should be provided to all interested parties and agencies, especially emergency dispatch centers and emergency responders. The post office, of course, must also be made aware of any changes. Utility providers also need to know (and when possible, be involved in the name-changing process itself). Garrett Tyson is a public servant and educator with a professional background in community and economic development. Learn more at www.civicmindedconsulting.com.

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FEATURE Review by Steven Fluhr

What To Do When A Citizen Who Owes The City Money Files For Bankruptcy The following article is a detailed analysis for those who need guidance when dealing with bankruptcy regarding utilities.

Upon Notice Of Filing Upon receipt of notice of filing, a city must take no action to collect any debt owed it prior to the date the bankruptcy petition was filed. The date of filing is the key to what needs to be done. If the debt was incurred prior to filing, then take no action to collect on the debt. If the debt is incurred after filing, then the city may take whatever action it believes is necessary. If the city takes any action to collect a debt incurred prior to filing, the city will be subject to contempt of court due to violation of the automatic stay. Section 362 of the bankruptcy code creates a stay automatically that prohibits any creditor from taking any action to collect any debt incurred prior to the filing. 11 U.S.C. §362 (a). If the city violates the automatic stay, it is subject to damages and sanctions for its contempt of court, the very least of which include paying for the attorney’s fees of the debtor. It is important to note that whether the debtor is an individual, partnership, limited liability company or corporation, the automatic stay applies immediately upon filing of the bankruptcy petition.

The Notice The bankruptcy court normally sends out notice of the filing and of the 28

theReview May/June 2021

automatic stay within one day of the filing of the petition. The notice contains a date for the meeting of creditors in a Chapter 7 or a Chapter 13 case; indicates the date the bankruptcy petition was filed; and that an order for relief has been entered. An order for relief means that the automatic stay has been entered by the court. No matter what chapter the debtor files under, the automatic stay applies.

Warrants

the bankruptcy, and representations were made by the City that the city court stayed the warrant to basically render it harmless. In Edwards, the court also cited with disfavor the case of In Re: Walters, 219 B.R. 520 (Bankr. W.D. Ark. 1998) where the bankruptcy court sanctioned a city for its municipal court’s failure to withdraw a warrant for collection of a fine of $149 and found the failure to be a violation of the automatic stay. Thus, the safest route for a city regarding city warrants for unpaid fines is for the court to issue a stay on the warrant. Unfortunately, that is up to your municipal judge. I suggest that your city attorney give the municipal judge a copy of the Edwards and Walters cases.

Warrants for unpaid fines, however, do not need to be recalled. City courts have no obligation to withdraw a warrant for an unpaid fine that was issued prior to the automatic stay. One should not be issued after its entry. Our bankruptcy appellate court has so held. See Edwards Exceptions For cities, there exists an exception vs. City of Ferguson, Corporation, (In re Edwards), 601 B.R. 660 (B.A.P. 8th Cir. from the automatic stay. The bankruptcy 2019). In the Edwards case, the debtor bode provides that the stay does not argued that the failure of the City to recall apply to a city creating or perfecting a the warrant and to provide a compliance lien for certain taxes owed to the city. letter so debtor could obtain her driver’s license were violations of the automatic stay. In refusing to Investment Banking, Municipal Bonds, Leases so find and sanction Municipal Advisors the City, the court Realizing Your Community’s True Wealth was careful to point McLiney And Company brings together the proven vision and out that both actions time-tested values that help communities realize their full potential. (issuing warrant and SERVING MISSOURI MUNICIPALITIES SINCE 1966. 5201 Johnson Drive, Suite 415 | Mission, Kansas | 66205 putting hold on driver’s (800) 432-4042, (816) 221-4042 license) were done www.mclineysamco.com prior to the filing of

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Specifically, that exception applies to the creation or perfection of a statutory lien for an ad valorem tax, property tax, a special tax or a special assessment on real property, whether or not ad valorem, if such tax or assessment becomes due after the date of the filing of the petition. 11 U.S.C. §362 (b)(18). It is important to remember that the automatic stay does not necessarily terminate the debt owed to the city, and that the automatic stay ends when the debtor’s case is dismissed or when the debtor receives a discharge. In the case of dismissal, the debt survives, and the city may take any action to collect it. The purpose of the debtor filing bankruptcy is to receive a discharge of its debt. If the debtor gets a discharge, then any debt incurred prior to filing is forever uncollectable. The city, however, must look to the type of debt to determine whether the debt was discharged. Exception to discharge is for a fine, penalty or forfeiture payable to it provided the debt is not compensation

for actual pecuniary loss, or a tax penalty that relates to a tax on income or imposed with respect to a transaction or event that occurred before three years prior to the date of the filing of the petition. 11 U.S.C. §523 (a)(7). I have always interpreted that provision to mean that provided the fine, cost, penalty or forfeiture was assessed for an action occurring within three years of the filing of the petition, that the city may still collect on the fines, costs, penalties and forfeitures that are not a penalty or interest. Essentially, for the exception not to apply, the debt must be assessed for an action that took place more than three years prior to the filing of the bankruptcy. It matters not when the debt was assessed. It only matters when the action for which the debt was assessed occurred. If that action occurred more than three years before filing, then it is dischargeable. If it occurred less than three years before filing, then it is not dischargeable. Do not mistake dischargeability with the

automatic stay. Just because the debt is not dischargeable does not mean it is not subject to the automatic stay.

Shutoffs For cities that maintain utilities, there are specific provisions in the code that deal with shutoffs. Upon filing, a city may not shut off utilities or take any action to collect on prior debt, or it will be subject to sanctions. See Wiesel v. Dominium People Gas Co. (In Re. Wiesel), 400 B.R.457 (Bankr. W.D. Pa. 2009) affd. 428 B.R. 185 (W.D. Pa. 2010). The bankruptcy code, however, provides that the city must receive adequate protection to entitle the debtor to continue to receive utility services. Il U.S.C. §366(b). The debtor must deposit with the utility company security within 20 days of filing, or the utility company may alter, refuse or discontinue service. The utility company sets what it believes to be adequate protection. Most utility companies set a deposit www.mocities.com

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equal to two times the average monthly charge as adequate protection. If the debtor disagrees with what constitutes adequate protection, then the debtor is required to request a hearing in the bankruptcy court. The court would then set the amount of adequate protection that must be deposited. Essentially, the utility company can set what it believes to be adequate protection based upon the debtor’s amount of usage in the prior year or prior years, and if the debtor is unable to pay it within 20 days, the debtor must ask the court to set a different amount as security. Failure by the debtor to pay the amount set by the utility company or seek a hearing within 20 days of filing allows the utility company to shut off the utilities. See In re Gordon-Garigan, 571 B.R. 265 (Bankr. E.D. Mich. 2017).

Types Of Debt Whether acting in its capacity for taxes, fines and costs, or as a utility company, the city must be aware of the automatic stay and effect of discharge and the city’s own rights regarding the type of debt. Whether a debt for unpaid utilities, income tax, ad valorem, property tax, or the fines and costs

assessed by its municipal court, the automatic stay applies if assessed prior to the bankruptcy filing date. The only exception is for perfection or establishment of a lien for ad valorem

or special assessment that occurs after the filing. Regarding the utilities, any debt prior to the filing of the bankruptcy petition is dischargeable, but the city may require a security deposit (adequate protection) and shut off service if the deposit is not made or a hearing requested within 20 days of filing. If the debtor receives a discharge, the city must look to the type of debt and the time of the circumstances that led to the debt to determine if it has been discharged and taken off the collection rolls. Any actions taken to collect dischargeable debt, can lead to sanctions. Any action taken to collect debt when the automatic stay is in effect will subject the city to sanctions. Steven Fluhr is the founding member of Fluhr & Moore, LLC. He has practiced bankruptcy and municipal law for 37 years in St. Louis County. He was the former city and prosecuting attorney for Hanley Hills and former prosecutor for Olivette. He currently is the co-prosecutor with Ross Davis in Maryland Heights. Learn more at www.fluhrandmooreattorneys.com.

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NEWS FROM THE BENCH: Nuisance Abatement by Lindsay K. Gilmore

Responsibility For Abating Nuisance Is Limited To Property Owner Or Occupant A recent Missouri Court of Appeals decision, Fred Kemp Co., LLC v. City of Black Jack (February 9, 2021), confirmed that while city ordinances may be utilized to suppress nuisances, any such ordinances cannot expand Missouri statutes’ list of persons who may be required to abate such nuisances. In Fred Kemp Co., the Jamestowne Subdivision in the city of Black Jack was developed b y F r e d Ke mp C o mp a ny, L L C (Developer). More than eight years after development was complete, the City’s mayor determined that “the portion of the street in front of 13017 Kinsley Heights Drive,” located within the Jamestowne Subdivision, was “affected by water seepage issues” and declared it to be a “public nuisance.” Black Jack’s City Code Section 13-1(b) provided that “[w]hen the director of public works ... ascertains that public nuisance as described above exists, the director ... may serve written notice to the owner or other person in control of such property[.]” Pursuant to this code section, the City sent Developer a letter demanding that Developer abate the nuisance by “correcting the water seepage issues and repairing and/or replacing the affected portions of the street.” Developer contested the City’s determination that it was the party responsible for suppressing the nuisance and requested a hearing before the City’s department of public works. After the hearing, an appointed hearing officer found that the water seepage issues on Kinsley Heights Drive existed at 32

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the time Developer sought to dedicate the street to the City and concluded that Developer “has and has had control over and responsibility for the roadway and curbing on Kinsley Heights Drive.” Therefore, “[i]t is [Developer’s] responsibility to abate and eliminate the condition or conditions creating this public nuisance.” Developer sought review of the hearing officer’s decision by the St. Louis County Circuit Court. The circuit court reversed the hearing officer’s decision, and the City appealed. On appeal, the court of appeals concluded that “the hearing officer did not have the authority to order [Developer] to abate the nuisance because [Developer] was neither the owner or occupant of the property.” In reaching this decision, the court specifically looked to Section 71.780 RSMo., that grants cities the power to suppress nuisances within their boundaries, including by enforcing the cities’ ordinances. That statute provides that the expense of abating a nuisance “may be assessed against the owner or occupant of the property,

and against the property on which said nuisance is committed, and a special tax bill may be issued against said property for said expenses.” The court concluded that this statute clearly limits “who cities may hold responsible for the expense of abating the nuisance to: (1) the owner of the property, (2) the occupant of the property, and (3) the property itself, through a special tax bill.” The court further determined that Black Jack’s City Code erroneously sought to expand § 71.780 to include those in “control” of the property and stated affirmatively that “Section 71.780 does not permit the City to hold parties responsible for nuisances unless they are the owner or occupant of the property.” Because there was no evidence that Developer was t he “ow ner or o cc up ant of t he property,” Developer could not be responsible for abating the nuisance. This article is intended for discussion purposes and to provide the reader with useful ideas and general guidance on the topics and issues covered. Although we have made every effort to ensure the accuracy of this article, neither the MML, the author of this article, nor Cunningham, Vogel & Rost, P.C. assumes any responsibility for any individual’s reliance on the information presented. This article does not constitute legal advice and information provided may require consultation with applicable professionals to appropriately apply to specific circumstances. Lindsay K. Gilmore is an associate attorney at Cunningham, Vogel & Rost, P.C

Now is the time to build. Missouri’s municipalities and utilities are reevaluating capital improvement plans to advance critical infrastructure projects. Combining today’s financial backing with design-build delivery makes now an opportune time to pursue your projects. To learn how to capitalize on the opportunities, listen to our webinar at burnsmcd.com/MML52021.

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LOCAL GOVERNMENT Review

Getting To Know You. . . CLARA HAENCHEN

Wastewater Treatment Plant Manager City of Jefferson What sparked your interest in serving in local government and with wastewater treatment? I grew up on a farm right outside of Jefferson City so I was used to government being around me. While I was in college, I figured I would end up working for some type of government agency in the environmental field. My lab experience led me to applying at the wastewater plant for a lab position, that is where I started in 1997 and have been ever since. Honestly, I really didn’t know what I was getting into at the time or the opportunities I would have with the City. I have been grateful for those opportunities and most of all the learning experience. I was promoted to plant manager in 2016. While working for the City, I have been actively involved with Missouri Water Environment Association serving on many different committees and as a board member.

What has been the toughest lesson you have learned during your career in local government? There are a lot of steps required to make something happen and the process can take longer than you may have anticipated.

M I S S O U R I

covering. All of the equipment is very expensive and when replacement parts become obsolete, it is very challenging to keep current equipment running without replacing with new.

How has COVID-19 impacted your community? We put out a news release early on reminding people to not flush wipes. We thought there could be increase in wipes usage. Our initial thought is that all the “flushables” that really should not be flushed are going to end up in the sewer, causing pump problems and backups. We didn’t have any problems. As far as our day-to-day routine, we took even more precautions with PPE with having front-line exposure to human waste. Our facility

D E P A R T M E N T

O F

C O N S E R V A T I O N

Community CONSERVATION

In your opinion, what are the most important issues facing local government, or wastewater treatment, in Missouri? Funding and budgeting for aging infrastructure, besides expenses for keeping up with regulatory requirements. It can be shocking at how much a project costs that the municipalities are faced with 34

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became involved in the Department of Health and Human Services along with MDNR , COVID Sewershed Study, where we collect weekly samples coming into the plant. They are tested at University of Missouri. The idea was to see if there were increases detected in the community and create a trend. (Editor’s Note: See article on this topic on page 7 of this issue.)

What advice would you offer to someone considering service as a local government official or employee in their community? It is very rewarding working for your community. You have to remember that your community is diverse and you represent it as a whole. If you like to help people, it’s just not one person, but your whole community where you can make a positive impact. For us, we’re also protecting the environment and play a huge role in recycling. I’m passionate about clean water and enjoy Missouri’s waterways so I encourage people to look into working at wastewater plants. It’s a critical and essential job, as many saw during the pandemic that we couldn’t all work from home.

How would you describe your city to someone who had never visited? It’s a great location. We’re located between 2 very large metropolitan cities but far enough away to be somewhat rural. If you like that, its small enough that you’re out of town in 5 minutes. It seems like everyone you run into knows someone you know or are related to them.

What are your interests outside of local government? Anything outdoors – hiking, camping, canoeing, kayaking, biking, fishing, hunting, flower & vegetable gardening. I don’t like to be stuck indoors.

Where would you most like to travel, and why? Missouri has a lot to offer. There are some unique areas in the Ozarks that are true gems that many residents here in the state have never heard of or will never see. I haven’t made it to Hawn State Park and Pickle Springs Natural Area yet, but planning on it soon. That’s on my Missouri Bucket List! Otherwise, I’d like to travel to the mountains. Besides the beautiful scenery, I love the break from Missouri’s heat and humidity during the summer to catch some coolness (and fish) in the mountains during the summer. There is grreat hiking, and you can’t beat campfire cooking of freshly caught mountain stream brookies. When I was in college, I went on a backpacking trip with the college outdoor club (it is how I met my husband). We went through the Badlands, Black Hills, Big Horns, Yellowstone, Alice Creek and up to Glacier National Park. Our club van was having mechanical problems so we weren’t able to travel all the way across the top pass to the east gate in Glacier. I’d really like to get back to go all the way across the Going-to-the-Sun Road and then continue on up to Canada to both Jasper and Banff National Parks.

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LOCAL GOVERNMENT Review

BRENTWOOD

Street Lighting Improvement Project How do you improve street lighting for your municipality? Where do you start with the process? The city of Brentwood began its street lighting improvements project in FY 2017, with public works investigating existing light locations and measuring ambient light conditions using a light meter. Streets with no existing residential lights were considered a priority, followed by streets with some lights but with large distances between them. The next step was to complete preliminary budgets for materials and operations costs, that were approved in FY 2018. The City purchased some streetlights in FY 2018 and constructed conduits in FY 2019. Installation of Ameren’s post-top style LED streetlights began in FY 2019 and was completed in early FY 2020. As part of the city of Brentwood’s sustainability goals, some street light locations were investigated for possible solar light installations. In FY 2019, public works installed three solar streetlights. In FY 2020, the City purchased seven additional solar streetlights. In FY 2021, public works is coordinating the city-owned, solar street light installations in the York Village neighborhood and some Ameren-owned, AC-powered street light locations in Brentwood Forest.

CITY OF CAPE GIRARDEAU

Good Hope Street Stormwater Improvements The city of Cape Girardeau’s Good Hope Street Stormwater Improvements project addresses historic street flooding in a commercially developed part of town. The area’s current stormwater system is inadequate to drain even small rain events and is riddled with conflicting underground utilities, many of which are shallow, making use of traditional piping and stormwater conveyance structures difficult. Adding to the project’s difficulty, the outlet structure discharges into the sidewall of a large concrete lined channel. Early in the project’s design, it was decided to not disturb the existing outlet structure, therefore setting the discharge elevation. The City’s design consultant, Horner & Shifrin, Inc., innovatively came up with a shallow box culvert design, using 3 ft x 7 ft boxes for the east end of the project with 60-inch pipe used on the west end. Two custom designed structures are used to connect the box culvert to the 60-inch pipe and the 60-inch pipe to the existing discharge point in the concrete wall. By utilizing a shallow box culvert and the 60-inch pipe, only a handful of utility conflicts had to be relocated. Currently the $1.3 million project is under construction with completion expected fall 2021. 36

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CENTRALIA

Wastewater Land Application System Centralia has a model treatment system that the Missouri Department of Natural Resources (DNR) frequently holds up as an example of how to run a land application/minimal discharge system. This project will be funded by revenue bonds and a $1 million grant from DNR. The current system pumps treated wastewater to irrigation ponds and cropland for irrigation. The low cost of the City’s investment for construction of the current system (due to federal grants) and the professionalism of city staff have resulted in some of the lowest sewer rates in the state. However, new standards of treatment are now mandated by DNR due to changes in the Federal Clean Water Act and how DNR enforces it under the guidance of the Environmental Protection Agency (EPA). To meet these new standards, the City is in the process of replacing the overland flow field with 140 acres of irrigated pasture to increase storage and the volume of water that can be land applied. The overland flow field was used when heavy rain or winter field conditions forced the City to find additional land application capacity. The City is adding storage and treatment lagoons, improving pumping levels and gaining access to additional land for application. These improvements are expected to be complete in June 2022.

COLUMBIA

St. Charles Road Sidewalk Project The city of Columbia, Missouri, Public Works Department completed the construction of the St. Charles Road Sidewalk project, that included the construction of approximately 3,100 linear feet of concrete sidewalk, and a crosswalk with a pedestrian flashing beacon connecting the existing sidewalk to the new sidewalk. This project provides students with a paved path to the local Battle High School. The sidewalk design included approximately 1,200 linear feet of 5-foot-wide concrete sidewalk with grass parkway and approximately 1,900 linear feet

of 6-foot-wide concrete sidewalk with concrete curb and gutter. A crosswalk with a pedestrian flashing beacon connecting the existing sidewalk on the south side of St. Charles Road at Demaret Drive to the new sidewalk was also implemented. The project’s estimated investment was $688,600, funded with a 50/50 cost share between the Columbia Public Schools and the city of Columbia. More information may be found at CoMo. gov/publicworks/stcharles-sidewalk/. www.mocities.com

EXCELSIOR SPRINGS

Wastewater Treatment Plant Improvements In March 2021, the city of Excelsior Springs City Council awarded a contract to David E. Ross Construction Co. in the amount of $1,433,380.00 to complete the second digester at its wastewater treatment plant. This will complete the original plant design by Lamp Rynearson Engineers. The new plant construction began in 2012. This new mechanical plant replaced the old twocell lagoon, aeration basin, and overland flow field system that had served the community for more than 40 years but could not meet the new ammonia limits set forth by the Missouri Department of Natural Resources (DNR). The original bond funds included sewer improvements throughout the community along with the new sewer plant but, due to cost overruns, they were not sufficient to construct the entire plant as designed. Specifically, the plan called for the construction of two digesters, enabling the plant to use one while the other was out for maintenance or service. By eliminating one of the digesters from construction, the project saved $1.2 million to stay within budget as needed to complete the project. The plan was to build the second digester within a three to five-year period. The City applied for and received a Community Development Block Grant (CDBG) in the amount of $750,000.00 for the project. They will also use $300,000 of the remaining bond funds, and the Capital Improvement Authority will cover the rest of the needed funds.

JEFFERSON CITY

Kansas Street Speed Table and Lighting Project This project encompassed the construction of a raised speed table, the first in Jefferson City, that serves two separate crosswalks. The first crosswalk is a connection between the City’s Ice Arena and most of its associated parking, while the second crosswalk serves the Wears Creek multiuse trail. The project included raising the street by six inches by means of six-foot-long ramps at either end. The ramps were constructed in concrete with a brown aggregate that was then exposed to create a permanent color contrast with the surrounding concrete. The ramps create the vertical deflection to slow traffic while removing the ramps at the multiuse trail and the ice arena crosswalk. Rectangular Rapid Flashing Beacon (RFB) warning lights were installed at each of the crossings. In addition to the pedestrian push buttons, these lights have advanced infrared detection that triggers the lights that then go dark after a preset interval. Streetlights were also part of this project to create a safer, more welcoming environment. The project was a collaboration between the City’s public works and parks departments with the design and project oversight being supplied by the former and the funding coming from the latter.

theReview May/June 2021

KANSAS CITY

New Waste Recovery System KC Water has started construction on a new renewable resource facility, the Blue River Biosolids Improvements Facility. This new $150 million facility will be better for the environment by eliminating the use of incinerators to process waste, as well as providing a reusable resource. When completed in 2024, it will be the largest facility in the Midwest and one of only nine in the United States. KC Water has eliminated the use of incinerators that burned waste solids and produced harmful air pollutants, as well as ash that was in landfills. The new facility will use a process called thermal hydrolysis to turn sludge into biosolids. This will be the only facility in the Midwest using this innovative process, and will improve air quality throughout the region. This highly innovative technology produces two products, biosolids and biogas. The product can be used safely as a soil conditioner and as fertilizer on farms. The biogas that comes from the process can also be used as an energy source. For more information visit: http://blueriverbiosolids.com.

KIRKSVILLE

Curly-leaf Pond Week Treatment The city of Kirksville has been battling the evasive curly-leaf pond weed in Forest Lake. The lake is a drinking source lake that limits treatment options. The City conducted an aggressive mechanical removal program for three years. The mechanical removal was effective but, due to the size of the lake, not enough to reach desired results. Working with the Missouri Department of Natural Resources (DNR) and the Missouri Department of Conservation (MDC), the City developed a plan that includes biological, mechanical and chemical treatment options. The plan was approved by DNR and will be implemented in 2021. The City, using a licensed applicator, will treat 50 acres of the curly-leaf pond weed with an approved herbicide. This equates to less than 10% of the lake volume. Testing will be done prior to treatment. The lake will then be closed for 10 days or until lab results show that the herbicide has dissipated to levels approved by DNR. The City will conduct limited biological treatment and use mechanical removal if necessary.

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Treatment options and approvals have been challenging due to the drinkingsource element at Forest Lake. If other Missouri cities are experiencing evasive weed problems with their drinking-source lakes, contact the Kirksville Public Works Department. We are happy to share lessons learned through this process.

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LEBANON

Wastewater Treatment Plant The city of Lebanon is in the process of upgrading its wastewater treatment plant. The project will increase the facility’s design flow from 2.6 million gallons per day (MGD) to 3.5 MGD. The current filters are more than 40 years old and have a wet-weather peak flow of 4.2 MGD. The upgraded system will have a wet-weather peak flow of 12 MGD. During a large rain event the flow can increase from 2 MGD to 10 MGD. Concrete work is complete on the new waste digester, electric work is ongoing, and the new filters became operational in March 2021. Construction crews have now started construction on the new effluent structure and city officials expect the project to be complete in September.

MARYVILLE

South Main Corridor Improvement Project In 2021, the city of Maryville will proceed with construction of the South Main Corridor Improvement Project, STP-4300 (112) to reconstruct 1.5 miles of South Main Street from South Avenue to the Highway 71 Bypass. The project includes full-depth street widening, asphalt mill and overlay, concrete approaches, traffic signals, waterline replacement, storm sewers, underground utilities, sidewalk, a multiuse trail, gateway and wayfinding signage and landscaping. This section of South Main Street serves as the community’s front door and represents 62% of all retail in Nodaway County. The project is made possible through by a $10.5 million Better Utilizing Investments to Leverage Development (BUILD) grant and voter renewal of a half-cent capital improvement sales tax in 2017.

MOBERLY

Projects Around City Moberly is addressing water and sewer infrastructure needs with six projects worth $6.4 million, partially funded with a $4.8 million U.S. Economic Development Administration (EDA) grant. Projects include combined sewer storage and sewer main rehab downtown; more than two miles of 12-16-inch water main replacement; and a lift station upgrade. These projects will improve service to a new industry that recently located to Moberly. Additional projects include a regional sewer to connect two mobile home parks and the golf course funded by a Missouri Department of Natural Resources (DNR) grant; many other projects are in the City’s future as part of an $18 million bond issue passed in June of 2020. Construction is set to begin on reconstruction of the main runway at Omar Bradley Regional Airport. The new runway will be shifted, rebuilt and all lighting upgraded. This $6 million project is 100% federally funded. We are in the middle of the largest residential demolition project that has been approved by a Community Development Block Grant, with up to 65 houses approved for demolition. To date, 23 dilapidated structures have been removed and 30 more are under contract. We are completing a Surface Transportation Program-Urban/Cost Share sidewalk project along Business 63 and Highway 24. 40

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NIXA

Chicanes for Traffic Control, New Water Tower Nixa Utilities Water Department has added its eighth water tower to increase water pressure and storage capacity. The tower can hold up to one-million gallons of water pumped from a groundwater well that was built on the same site in 2014. The composite tower structure (meaning the column is concrete and the tank is steel) allows for maximum water holding and space in the tower that will provide a satellite storage facility for Nixa Public Works. Nixa also plans to add a bulk water station on the same property, so city departments and commercial customers can load large quantities of water quickly and easily. Separately, the Nixa Street Department recently installed two chicanes on city streets that serve as passive traffic calming devices, reducing the need for police to monitor those areas for speeding violations. The narrowing of the road and the slight s-curve with a concrete central island forces drivers to slow down to navigate the street. Nixa Street Department crews installed the chicanes for less than $30,000. The city has seen a 66% reduction in speed violations and has found an innovative, cost-effective solution for traffic control.

NORTH KANSAS CITY

New Well Field and Water Treatment Plant The city of North Kansas City has six highly productive wells that can pump more than the City’s demand for water treatment plant capacity; however, an ammonia plume contaminated one of the wells and is threatening a second well. Previous consultants recommended the City to construct a new well field and water treatment plant at a cost approaching $40 million. Burns & McDonnell worked with the City to develop an alternate approach. Treating a small portion of the contaminated well allows the groundwater to be used while protecting the other wells from the ammonia plume. Since the majority of the plant has been untouched since the mid-1980s, a multidisciplinary evaluation was completed to develop alternatives to rehabilitate and extend the life of the facility. The rehabilitation includes architectural renovations to improve accessibility and durability, as A law firm dedicated well as electrical upgrades to increase to the practice of redundancy and reliability. Mechanical municipal law. upgrades will be completed to meet current codes and improve air quality, and structural modifications will be made to mitigate deterioration. Process upgrades will correct a hydraulic bottleneck, corroded equipment and 816-525-7881 leaking valves. This rehabilitation will LauberMunicipalLaw.com modernize plant controls and extend the life of the facility for many years to come.

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PERRYVILLE

The Collaborative Approach Working together pays off. Over the last year the Perryville Public Works Department has worked diligently with other departments, local businesses, citizens and contractors, and have taken measures to encourage staff to be innovative in their day-to-day activities. The public works department has been working with the Missouri Public Utilities Alliance (MPUA) on energy efficiency projects with potential annual savings estimated around $10,000. Additional collaboration with Citizen’s Electric Corporation and local contractors have set the airport on pace to save more than $7,000 in annual energy costs and added lightening protection to lift stations. A united effort, guided by City Hall, involving the public works department, local businesses and citizens, greatly reduced the City’s demand on gas during February’s energy emergency to stymie the impact of large cost increases on the City’s gas customers. We encourage our public works employees to be active in coming up with ideas that can improve work safety, work quality, work efficiency, reduce costs or improve environmental impacts. Our employees have come up with more than 30 “Innovative Action Plans.” The first three fully-implemented, costreduction ideas have already saved approximately $14,000. “No one can whistle a symphony. It takes a whole orchestra to play it.” – H.E. Luccock

ROLLA

Move Rolla Transportation Strategy The city of Rolla embarked on a series of major transportation initiatives in 2015 with the creation of the Move Rolla Transportation Strategy. With the planning and design support of HNTB, the City analyzed existing and projected traffic patterns and safety along Highway 63 and Highway 72, including partnerships with Missouri University of Science and Technology (S&T), Phelps Health Hospital and a large, planned retail development. Recognizing funding challenges with MoDOT with its primary corridors, the City sought community partnerships to address pedestrian and traffic safety, traffic congestion and to enhance economic opportunities. The result was formation of the Move Rolla Transportation Development District (TDD). (www.moverollatdd.com). One of the pivotal projects remaining and currently out to bid is a new arrival district for Phelps Health and S&T with direct access to Interstate-44. The $8-million project is equally funded by the TDD and S&T. A new (relocated) University Dr. will extend two blocks south, connecting I-44 to the heart of the S&T campus, culminating with a large roundabout on Hwy. 63. With the right partnerships and shared vision, local government continues to have a profound impact on the quality of life for our respective residents!

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ST. PETERS

Covid Challenge Becomes Opportunity In Missouri, the spring and summer are typically a favorite time for events like weddings. However, the COVID-19 pandemic forced many families to alter or delay plans for a year or more. While families faced this challenge, the city of St. Peters dealt with the dilemma of lost revenue due to COVID-19, including a banquet center with numerous cancellations and postponements. St. Peters turned this challenge into an opportunity when Matt Czarnecki, superintendent of golf course operations, suggested building an outdoor ceremony venue for Water’s Edge Banquet Center on a spot that was used for construction vehicle turnaround traffic during a lake bank stabilization project at the golf club. City officials fast-tracked approval of the project and the race was on to turn a blank slate of greenery on the shore of the lake into an amazing event venue. Weeks later, after much hard work by the City’s parks department, the beautiful “Island Ceremony Site” debuted. Dozens of events were booked beginning in the late summer/early fall of 2020, this year and beyond! The new Island Ceremony site, that can accommodate up to 300 people outdoors, is quickly becoming one of the most popular wedding spots in St. Charles County!

WENTZVILLE

David Hoekel Parkway A new interchange project on Interstate 70 in Wentzville is currently under construction. The contractor is actively working to construct the bridge over Northfolk Southern Railroad. Meanwhile, Veterans Memorial Parkway is closed between Schaper Road and South Point Prairie Road to allow for the construction of the retaining walls for the Eastbound I-70 ramps. This project has been funded in partnership with St. Charles County and the Missouri Department of Transportation (MoDOT). With completion anticipated in fall 2021, this project will provide motorists with an alternative to Wentzville Parkway when entering or leaving the city of Wentzville. The St. Charles County Highway Department is currently overseeing the construction of an adjacent project that will extend the David Hoekel Parkway (DHP) over Peruque Creek, as well as construct Interstate Drive west from South Point Prairie Road to DHP and Schaper Road. These projects are near completion with tie-in connections to old South Point Prairie Road near the city of Wentzville’s Peruque Valley Park entrance. The next phase of DHP will extend a roadway north from Goodfellow Road to West Meyer Road. The project is funded through a partnership with St. Charles County and design is ongoing. The project is anticipated to be constructed over two construction seasons, with grading and stormwater infrastructure beginning in 2022 and roadway paving in 2023. www.mocities.com

Now Hiring: Director of Engineering

New Position!

The City of Wentzville, Missouri, is currently seeking a Director of Engineering. The ideal candidate is a professional that will thrive in a fast-paced environment who also demonstrates the highest level of integrity, outstanding judgment and management skills. The position requires someone with superior skills in project management, capital improvement cost estimation and contract administration. As well as someone who is politically astute, a creative problem solver and has comfort with and a strong desire for interacting with both internal and external stakeholders. View a detailed position brochure and apply at www.wentzvillemo.gov/hr.

Please apply online at www.wentzvillemo.gov. Only qualified individuals being considered will be contacted for an interview. The City of Wentzville is an Equal Opportunity Employer and participates in E-Verify.

www.wentzvillemo.gov/hr

commmitted to serving the communities where we live and work

Lisa O. Stump

James C. Hetlage

Allison M. Scime

Brian J. Malone

Alexandra S. Sievers

Christopher J. Bedell

Rhonda A. O’Brien

Lawrence J. Wadsack

A History of Serving Missouri Municipalities and Public Agencies For over 45 years, Lashly & Baer, P.C. has provided sound legal counsel to municipalities and other public sector institutions. During this time, we have earned a solid reputation for prompt legal services at a reasonable cost. We believe that providing smart legal advice is vital, but providing this help in a timely manner is just as critical to meeting the needs of our clients. Our attorneys are experienced and trial-tested at addressing legal issues and regulations affecting government and public agencies.

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The choice of a lawyer is an important decision and should not be based solely upon advertisements. 44

theReview May/June 2021

MEMBERS' News Outstanding City Clerk Award Florissant City Clerk Karen Goodwin was nominated and received the prestigious Missouri City Clerks and Finance Officers Association (MoCCFOA) award for Outstanding City Clerk for the State of Missouri. The event was held March 10 in Columbia, Missouri, as part of the MoCCFOA annual spring conference. Goodwin has been a city clerk for more than 20 years. She started her career as the city clerk in Ferguson and in 2002 accepted the position of Florissant city clerk. Karen has been a member of the state’s MoCCFOA since 1998. She is currently a member of the International Institute of Municipal Clerks (IIMC) where she has also served as the IIMC Region VII Director.

EMPLOYMENT OPPORTUNITY LAURIE, MO – CITY CLERK City Clerk, Laurie, MO (pop. 1,000). Located at the beautiful Lake of the Ozarks, the city of Laurie is in Morgan County, Missouri, at the boundary of Camden County. Laurie is a 4th Class City under Missouri revised statutes with a mayor/ board of aldermen form of government. The city clerk is selected by the Board of Aldermen and works closely with the mayor. The city clerk is responsible for procedures that support the policy direction of the mayor and board of aldermen. The city clerk oversees the City’s vital records, serves as secretary to the mayor and board of aldermen, maintains the computer accounting system and enters all city money transactions, receipts, and disbursements, including event monies. The position safely keeps, and invests all city monies, reconciles all fund accounts in each checking account, processes payroll, accounts payables and related tax reports. Additional information may be found at the City’s webpage at www.cityoflaurie.com. While the salary range is under review, it is anticipated to be $40,000-$50,000. However, consideration will be given to the right candidate, DOQ, and they are encouraged to apply. An excellent benefits package is also offered. Candidates should apply by June 1, 2021, with resume, cover letter and contact information for three work-related references to the Attention of J. Jeff Hancock, Senior Manager, Management Partners/LAURIE INTERIM CITY CLERK at either jhancock@managementpartners.com or at the City of Laurie, 147 South Main, Suite B, Gravois Mills, MO 65037 573-374-4871. The City is an Equal Opportunity Employer. Posted: April 20, 2021

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MEMBERS' Notes MML Calendar of Events May 2021 31 �� Memorial Day (MML Office Closed)

June 2021 1 �� MML South Central Regional Meeting, Rolla, Missouri

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10-11 �� MML Elected Officials Training Conference (In-Person OR Virtual) 17 �� MML Northwest Regional Meeting, Cameron, Missouri 22 �� MML Northeast Regional Meeting, Memphis, Missouri 27-30 �� GFOA Annual Conference, Chicago, Illinois

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July 2021 20 �� MML Southwest Regional Meeting, Mount Vernon, Missouri 22 �� MML West Gate Civic Leadership Banquet 23-25 �� MMAA Summer Seminar, Osage Beach, Missouri 28-30 �� Missouri Main Street Downtown Revitalization Conference (Virtual)

September 2021

www.linkedin.com/ company/mocities Scan the QR code with your smartphone or visit

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15 �� Financial Disclosure Ordinance Deadline 26-29 �� MML 87th Annual Conference, St. Louis Union Station

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29-Oct. 1 �� Missouri Water/Wastewater Annual Conference, Jefferson City, Missouri

October 2021 3-6 �� ICMA Conference, Columbus, Ohio 27-29 �� MCMA Annual Conference

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

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theReview May/June 2021

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theReview May/June 2021