A UNITED VOICE FOR MISSOURI MUNICIPAL LEAGUE COMMUNITIES
THE MISSOURI MUNICIPAL REVIEWJanuary/February 2017
Building A Brand: Outdoor Sport and Recreation In Wildwood
Innovative Egg Cartons In Rolla • Lee's Summit Investment • MML Legislative Conference Missouri Securities Investment Program A Cash Management Program for School Districts, Counties, Municipalities and Other Political Subdivisions
The Missouri Securities Investment Program (MOSIP) is a comprehensive cash management program for school districts, counties, municipalities, and other political subdivisions. MOSIP was created in 1991 by the Missouri School Boards Association. MOSIP offers its investors a professionally managed portfolio with competitive money Administered by: PFM Asset Management LLC market rates. MOSIP stresses maintaining Sponsored by: safety, liquidity and yield as the primary Missouri School Boards Association • Missouri Association of School Administrators investment objectives. Missouri Association of School Business Officials • Missouri Association of Counties • Missouri Municipal League
Relationship Managers Analyst Client Services Group (CSG) • 1-877-696-6747, Option 3
William T. Sullivan, Jr. Maria Lawlor Mary Dix Amber Cannegieter Joshua Groff Scott Bilheimer Melissa Rodgers 631.806.9470 cell 314.815.5481 direct 314.815.5483 direct Key Account Manager Client Consultant Client Consultant Client Service Representative [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected]
77 West Port Plaza Drive • Suite 220 • St. Louis, MO 63146 • 1.800.891.7910 • www.mosip.org 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 Authority2 (FINRA) theReview (www.finra.org) January/February and Securities Investor 2017 Protection Corporation (SIPC) (www.sipc.org). PFM Fund Distributors, Inc. is a wholly owned subsidiary of PFM Asset Management LLC. MISSOURI MUNICIPAL LEAGUE BOARD OF DIRECTORS THE President: Mayor Kathy Rose, Riverside; Vice President: Mayor Matthew G. Robinson, MISSOURI Hazelwood; Immediate Past President: MUNICIPAL Mayor Randall Rhoads, Lee's Summit; Eric January/February 2017; Volume 82, No. 1 Berlin, City Administrator, North Kansas REVIEW City; Sally Faith, Mayor, St. Charles; Bill Falkner, Mayor, St. Joseph; Stephen Galliher, Mayor, Sedalia; DJ Gehrt, City Administrator, Platte City; Tim Grenke, Mayor, Centralia; Debra Hickey, Mayor, Battlefield; *Bill CONTENTS Kolas, Mayor, Higginsville; Donald Krank, Council Member, Black Jack; Chris Lievsay, Council Member, Blue Springs; Paul Martin, Cover Review Attorney, Olivette; *Norman McCourt, Building A Brand: Outdoor Mayor, Black Jack; Marcella McCoy, 6 Finance Director, Harrisonville; Susan Sport And Recreation In McVey, Councilmember, Poplar Bluff; Wildwood *Carson Ross, Mayor, Blue Springs; Robert by Julian M.D. Jacquin Stephens, Mayor, Springfield; Scott Wagner, Council Member, Kansas City; Eileen Weir, With four major parks, more than 50 miles of hiking, biking and equestrian trails, as Mayor, Independence; *Gerry Welch, well as the region's only ski resort, the Mayor, Webster Groves; Nici Wilson, City city of Wildwood is quickly becoming the Administrator, Odess elite destination for active recreational *Past President opportunities.
AFFILIATE GROUPS Features Missouri City Management Association; City 6 Clerks and Finance Officers Association; 9 Lee's Summit Celebrates Government Finance Officers Association Record-Breaking 2016 of Missouri; Missouri Municipal Attorneys Investment Association; Missouri Park and Recreation Association; Missouri Chapter of the by Krista Klaus National Association of Telecommunications 13 Hartmann U.S. Brings Officers and Advisors; Missouri Chapter of Innovation To Egg Cartons the American Public Works Association; Missouri Association of Fire Chiefs In Rolla by John Butz and Cyndra Lorey EDITORIAL Laura Holloway / Editor 15 47th Annual MML [email protected] Legislative Conference Dan Ross, Richard Sheets, Lori Noe / Contributing Editors 18 New NLC Task Force To 9 Focus On Expanding The Review January/February 2017; Economic Opportunity Volume 82, No. 1 The Missouri Municipal Review (ISSN by Courtney Coffin and Heidi Goldberg 0026-6647) is the official publication of the Missouri Municipal League state association 22 Economic Development of cities, towns and villages, and other Projects Around Missouri municipal corporations of Missouri. Publication office is maintained at 1727 Departments Southridge Drive, Jefferson City, MO 65109. Subscriptions: $30 per year. Single copies: 4 President's Review $5 prepaid. Advertising rates on request. Published bi-monthly. Periodicals postage 5 Director's Review paid at Jefferson City, Missouri. Professional Directory Postmaster: Send form 3579 to 1727 28 Southridge Drive, Jefferson City, MO 65109. 13 29 MML Directory Updates To contact the League Office call 573-635-9134, fax 573-635-9009 or email the 30 MML Calendar And League at [email protected]. Member News Website: www.mocities.com.
www.mocities.com 3 Fair Labor Standards Act
PRESIDENT'S Review Kathy Rose I Mayor, City of Riverside; President, MML Board of Directors
Your Missouri Municipal League spends a great deal of time and resources advocating for municipal priorities and needs. In the last 10 years, MML’s advocacy fund has been accessed more than 80 times to pay for amicus briefs; legal analysis; attorney fees; case filing costs; expert services; and witnesses to support or oppose issues. League dues can only partially support the intervention needed in state and federal court cases. I don’t have to tell you that local control and traditional municipal revenue streams are under attack by well-funded interests from within and outside of Missouri. It takes resources and your help to combat them. One of the most recent uses of the MML advocacy fund was a class action suit settlement with TracFone. The League provided support for the suit and settlement. In October, more than 350 cities received notification that they would benefit from this settlement and MML actions on their behalf. In addition, MML successfully blocked passage of two telecom industry House bills, each of which would have derailed the class action suit that resulted in the pending refund payment. Included in the settlement information was the opportunity to assign 5 percent of the settlement proceeds to the League. I urge you to consider this, to help cover the cost of the League’s lobbying and advocacy efforts. As your MML President, I am asking you for two things to help us combat those I don’t have to that would diminish local control and municipal revenues. "tell you that local First, be willing to call and speak with your legislator about harmful legislation when MML alerts you. control and traditional Second, when your city receives a refund from settlements, assign at least 5 percent municipal revenue to the Missouri Municipal League so that their team can continue to fight for cities streams are under in the legislature and in the courts. Regarding the Tracfone settlement, do not be concerned if you missed the Jan. 20 cutoff to notify the law firm of the allocation. You attack by well-funded can now simply wait to receive your full settlement check, then ask your city council interests from within to vote for an allocation of the funds you received to go to the MML advocacy fund. and outside of Missouri. I certainly appreciate those allocations, as they are the only source to replenish the MML advocacy and litigation funds that help protect Missouri communities. I want It takes resources and to express my sincere appreciation to the cities that have already supported the League your help to combat and have allocated 5 percent or more from the TracFone settlement. Please don’t hesitate to contact MML with any questions. MML Executive Director them. Dan Ross can be reached at (573) 635-9134 or [email protected]. " Thank you for the great work your community provides each day! I look forward to what 2017 can bring for Missouri cities and the citizens we serve.
Did you Know?
MML is now offering monthly webinars! You may register to attend the live session and participate with comments and questions, or access the webinar on demand as your schedule permits. All courses will satisfy the credits needed for the Municipal Governance Institute (MGI) certification. Registration cost is $10. Learn more at www.mocities.com!
Upcoming MML Webinars: February 8: Budgets; Chris Fabian, Center for Priority Based Budgeting March 15: Public Works Contracting; Susan McGreevy, Stinson Leonard Street LLP
4 theReview January/February 2017 Fair Labor Standards Act
DIRECTOR'S Review by Dan Ross, MML Executive Director
MML is excited to share some new offerings in 2017. The first involves this publication. The MML Review is the League’s premier publication, covering top issues for your local government success for more than 80 years. In our 2014 member survey, more than 70 percent of respondents reported reading all or nearly all of our six issues each year. We are happy to unveil the new and updated look to the magazine. In this issue, you’ll see that the table of contents has been updated to better share what’s waiting for you in each issue. In addition, the cover, section headings, member news, fonts and more have been updated. While the quality and strength of the content remains the same, we hope you enjoy this new look. Even more exciting, the League is now offering monthly webinars for members that will not only keep you up to date on the most pressing topics in local government, but will apply toward your certification in the Municipal Governance Institute. Since 2013, MML has offered officials the opportunity to become a Certified Municipal Official through this program, and already hundreds of leaders across the state are taking advantage of the program. If you have not yet begun this journey, learn more and register at www.mocities.com. These webinars will serve elected and appointed officials, as well as city staff. View them live or on demand at a later date. Watch them in your office or at home in your fuzzy slippers. We won’t judge. Either way, be sure to let us know your feedback so we Municipalities are can keep the content strong. "strongest when they Finally, as the legislative session has commenced, be watching for legislative alerts asking you to contact your legislator’s office in support or opposition to proposed speak with a unified legislation impacting Missouri cities. Municipalities are strongest when they speak with voice. It is incumbent on a unified voice. It is incumbent on us all to communicate to legislators the importance of keeping decisions on local matters at the local level. us all to communicate The League has a few more updates in the works, so stay tuned. Our top priority is to legislators the serving you with strong advocacy, training and knowledge. We will continue to find the best ways to equip you to serve and strengthen your community. Thank you for importance of keeping your support and contact us any time we can assist you. decisions on local matters at the local level."
@mocities www.facebook.com/mocities www.linkedin.com/company/mocities www.mocities.com (573) 635-9134
www.mocities.com 5 FEATURE Review by Julian M.D. Jacquin Building A Brand: Outdoor Sport And Recreation In Wildwood
Hidden Valley Ski Resort
With four major parks, more than 50 miles of hiking, biking and equestrian trails, and the region’s only ski resort, the city of Wildwood is quickly becoming the elite destination for active recreational opportunities. At 68 square miles and nearly 36,000 residents, Wildwood is the third largest city in the state of Missouri and covers much of west St. Louis County. Known for its parks and trails, the City is on the verge of becoming a premiere location for locally-owned businesses in a forward-thinking, walkable environment with a healthy, active vibe.
Early Development of Wildwood’s future growth and decisions. This allowed the Prior to 1995, the city of Wildwood was comprised of a residents to preserve the natural environment; establish its large portion of unincorporated St. Louis County, including own identity; and essentially plan its own community. 11 smaller historic communities from the 1800s and early 1900s. As suburban growth occurred in St. Louis in the 1960s Within the first year, the city of Wildwood adopted a master and 1970s, interest grew for new residential subdivisions plan identifying distinct portions of the City designated for in the area now known as Wildwood. At the time, county certain uses, and established regulations for development regulations allowed for large sites of residential development and environmental protections, including a more detailed without any conservation or recognition of the natural analysis of the impact on the natural environment. Standards environment and impact to neighboring residents. Plans adopted by the City have resulted in high-quality, new had been identified for a new north/south “Outer-Belt” that residential developments that have more than doubled the would split the region in half, and bring high-speed traffic number of residents in the area. More recently, the master through the heart of the community. In September 1995, plan has placed more emphasis on economic development residents in the area approved the incorporation of the city and trying to increase employment opportunities for the of Wildwood in order to preserve a voice, and take control City’s residents, many of whom still commute to St. Louis
6 theReview January/February 2017 for work. The City has begun taking a proactive approach to promote more retail and office development to complement the residents and bring more employers to Wildwood. With nearly 36,000 people across 68 square miles, the City prefers to be recognized as a “small town,” featuring local amenities, small businesses, and a close-knit community feel. It is with that mindset that the City maintains a small team of 20 full-time employees at City Hall. Focusing largely on planning, parks, public works, and administration, an economic development program and a proactive role in the business community was a top priority. In order to properly do so, the City hired Julian M.D. Jacquin as its first economic development manager. Establishing a position dedicated to economic development allows the City to Wildwood Town Center commit the resources necessary to retain and expand local business; identify new employment opportunities; and recruit new retail and office users to the community. Jacquin’s equestrian trails are provided jointly by the city of Wildwood, top priorities consist of establishing the City’s economic St. Louis County and Great Rivers Greenway. Great Rivers development program; marketing the City as a destination Greenway is a regional parks and trails district in the St. Louis for the business community; and creating a fresh identity to metropolitan area that creates an interconnected network of guide the City’s future. trails and green spaces throughout St. Louis. The Western By incorporating as a municipality, the City is able to Greenway and Meramec Greenway connect each of the City’s preserve its natural environment and ensure that future major parks, and represent more than 50 miles of hiking and development is completed carefully and properly. To do biking trails. The trails connect most of the City’s residential so, the City confines all commercial development activity areas to public institutions and shopping opportunities in to its “Town Center,” a master-planned convenience vision the Town Center. focused around the intersection of Routes 100 and 109 in Tucked away in the rolling hills off of Highway 109 the heart of the community. Most of the City’s economic (abutting Greensfelder County Park) is the region’s only ski development efforts are directed towards the Town Center. resort, known as Hidden Valley Ski Resort. Hidden Valley Targeting economic development efforts allows the City to Ski Resort offers 15 ski and snowboard trails with four chair attract all retail users to its downtown area, while preserving lifts (including two fixed quad); three surface lifts on two the remainder of the community for its large regional parks, trails, schools and residential areas.
Outdoor Recreation Unique to Wildwood is its dominating presence of opportunities for outdoor ROAD & BRIDGE recreation. The City’s four regional parks DESIGN create an expansive “Green Belt” through TRAFFIC the central corridor of the City, each ENGINEERING individually connected by a set of paths and trails. The City’s four regional parks TRANSPORTATION include Babler State Park, Greensfelder PLANNING County Park, Rockwoods Reservation and WATER Rockwoods Range. There are also a number RESOURCES of municipal parks, including Bluff View Park, Anniversary Park, Glencoe City Park LAND and the Wildwood Community Park. The ACQUISITION Community Park represents a 66-acre, six-phase investment of approximately $12 million, including open play space, 411 N 10th Street, Suite 200 playgrounds, water features, a city dog St. Louis, Missouri 63101 park, six pavilions and reserved meadows. 5650 Mexico Road, Suite 2 It is truly one-of-a-kind and unique to the St. Peters, Missouri 63376 www.lochgroup.com entire St. Louis region. Hiking, biking and
www.mocities.com 7 Far Left: Wildwood City Hall Left: Wildwood Parks and Trails
skiable peaks; and one additional trail for for attracting a multitude of outdoor sport snow tubing. Since opening in 1982, Hidden and recreational businesses. These include Valley Ski Resort is the only ski resort within The combination active recreational retailers, physical fitness five hours of St. Louis and brings in visitors of" parks, trails, ski resort gyms, sports medicine clinics and outdoor from all over the region. sport complexes. As an added service to the community, and special events The combination of parks, trails, ski the City offers or participates in a number create a mountain-style resort and special events create a mountain- of active recreational events throughout style feel to the community, and much of each calendar year. These events include the feel to the community, the new development in the City reflects Frozen Feet Half-Marathon Trail Run (rated and much of the new this. New homes are built with the look the second best trail run in the region); and feel of lodges and cabins you would Ozark Foothills 50K/25K; Historic Route 66 development in the City find in Colorado, and new commercial 5K; Green Rock Trail Challenge; Arbor Day/ reflects this. development is pedestrian-friendly and Tree Hugger 5K Run; Tour De Wildwood; aesthetically-pleasing. In total, there are and Rockin’ Rockwoods 53K/20K. The City " more than eight new residential subdivisions also hosts annual festivals and celebrations and 500 new single-family homes under in the Town Center, including Celebrate construction in the Town Center over the Wildwood, Farmers’ Markets, Founders Day/Art Festival, next five years. The characteristics of the community make and the Wildwood BBQ Bash. the City a unique residential destination and development This expansive network of parks and trails, the region’s opportunity. The City’s identified goals and objectives have only ski resort and the City’s added events all set the stage allowed Wildwood to pursue a wide variety of new outdoor sport and recreational businesses. Wildwood is actively exploring new options and working to attract a regional cycling complex to the City, as well as expanding its outdoor offerings to include more high-level opportunities such as mountain biking, rock climbing and zip- lining. The combination of these assets make the city of Wildwood a unique and • enriching community in St. Louis – a true destination throughout the Midwest. • is the economic • Julian M.D. Jacquin development manager for the city of Wildwood, • Missouri. Follow the City of Wildwood at www. cityofwildwood.com. Contact Julian at (636) 458-0440 or [email protected] for more information regarding development opportunities.
8 theReview January/February 2017
FEATURE Review by Krista Klaus Lee’s Summit Celebrates Record-Breaking 2016 Investment
JCI Industries
Lee’s Summit celebrated a new high- If all currently proposed projects are development will drive population water mark for economic growth in approved, the City is poised to again growth and help attract future residents. 2016, with more than $1 billion invested reach $1 billion in investments that are “We like to call all the new activity over a two-year period. The public and primarily clustered around three general taking place along View High Drive our private spending encompassed new and industries: tourism/lifestyle; industrial/ very own ‘West Side Story’,” Lee’s Summit expanded buildings, infrastructure and mixed-use; and technology. Mayor Randall Rhoads said. “We expect residential construction permits. the west side of Lee’s Summit to be a The high quality of Lee’s Summit “West Side Story” Kicks Into big draw for future Cerner employees schools, restaurants and housing, along High Gear looking for a place to live.” with a focused community branding and In planning for new growth and advertising campaign, is helping draw The next wave includes a half-billion dollars on the City’s west side alone, increased vehicular traffic in the View national and regional investor attention High corridor, a regional transportation to the community of approximately including: $215 million for phase one of the sprawling Paragon Star regional development district (TDD) is underway 95,000 residents that anchors Kansas that will provide funding for necessary City’s eastern suburbs. soccer complex and retail village; the $225 million Village at View High improvements at the View High and “I’ve been in economic development mixed-use project; and the $50 million I-470 interchange. The TDD will benefit for 25 years, and I’ve never seen as New Longview commercial district that existing and proposed neighborhoods much activity and opportunity in a includes a new B&B Theatre. and developments within the View High single community,” said Rick McDowell, corridor. With Cerner Corporations' new world president and CEO of the Lee’s Summit Such developments include the highly Economic Development Council (EDC). headquarters campus taking shape 7 miles away in south Kansas City, Lee’s anticipated Paragon Star project being “As successful as the past two years have developed in two phases by entrepreneur been, we are expecting an equally prolific Summit anticipates the broad array of new residential, retail and restaurant and businessman Flip Short. Paragon 2017.” Star broke ground on its first phase in
www.mocities.com 9 Paragon Star groundbreaking
November 2016. When fully completed, Missouri Innovation Campus the complex will include: 10 artificial turf soccer fields; a 100,000-square-foot retail village comprised of office, restaurant, office, warehouse and light industrial gets calls on an almost weekly basis retail and entertainment space; a 120- space in south Lee’s Summit on 83 acres from companies interested in leasing room hotel; and 220 apartments. at Missouri Route 291 and Missouri industrial space.” Route 50. The Grove helped kick off a string South Side Commercial Construction on an initial 200,000 of industrial development activity Development Flexes Muscle square feet of speculative space is and interest in the City, according to Lee’s Summit approved a landmark expected to begin in the summer of Assistant City Manager Mark Dunning. development agreement with Westcott 2017, with completion targeted for “The Development Center is seeing Investment Group in 2016, enabling 2019. The Lee’s Summit EDC is already strong interest from developers planning the City to finally compete for critical seeing strong interest from companies new warehouse and industrial projects commercial and industrial projects. ‘The interested in a location at The Grove. in Lee’s Summit,” said Dunning. “Having Grove at Lee’s Summit’ calls for more “We expect that building to be snapped available space for expansions will than 1 million square feet of mixed-use up quickly,” said McDowell. “The EDC definitely be a game changer for future relocations and expansions.” The state of Missouri and city of Lee’s Summit have invested a total of $18 million to improve roads and bridges near the development site, including the realignment of the southbound interchange at Missouri Route 291, Missouri Route 50 and the new Bailey Road Bridge. Additional provisions of the development agreement include financial guarantees for construction and infrastructure timelines, as well as the donation of two acres within the site plan to the City for a new EMS location for a fire station. The Grove will complement existing manufacturers that announced or completed expansions in 2016. High Tech Solutions LLC, a manufacturer of aerospace machined components and assemblies, is investing more than $14 million over five years in a new building and equipment. The expansion at 1440
10 theReview January/February 2017 SE Broadway Dr. is being incentivized in Just south of I-470, the corridor part through a property tax abatement on straddles Route 50 and is home to retail the incremental increase in value from “Power Centers” Summit Woods and the new development processed through Summit Fair, along with the new Summit the Land Clearance Redevelopment Orchards mixed-use project, developed Authority. by Townsend Capital and in conjunction with NorthPoint Development and In addition, JCI Industries, Inc., a RED Development. Summit Orchards leading supplier of industrial pumps, includes 250,000 square feet of new retail motors and other equipment, opened space and the 310-unit Summit Square a newly expanded production facility Residences that broke ground in late in 2016 and announced plans to invest 2016. New retail announcements and millions in upgraded machinery, expansions in the area include Dick’s including new forklifts, cranes and Sporting Goods, H&M and Sam’s Club. lathes. Steve Rich, vice president of Townsend Capital, applauded the City’s financial Tech Investment Powers support of development in the Summit Thriving “Summit Corridor” Rick McDowell, President and CEO, Lee's Tech corridor and said more projects and Summit Economic Development Council investment are on the horizon. New multifamily, hotel, retail and office projects announced in 2016 added “There is strong momentum in that momentum to the thriving Summit corridor right now with an estimated Technology Corridor near the I-470 and I’ve been in economic 5,000 people working nearby,” said Rich. Route 50 interchange. “We have an additional 80 acres ready to "development for 25 years, develop, so we see a lot of potential and The tech-heavy area anchored by the upside there.” Summit Technology Campus booked and I’ve never seen as much an estimated $200 million in new activity and opportunity in With an estimated population of 95,000 and a projected population of investment, including the $85 million a single community,” said Summit Orchards mixed-use project, $50 100,000 by 2020, Lee’s Summit is one million Missouri Innovation Campus, Rick McDowell, president of the fastest-growing communities $55 million in new retail development, and CEO of the Lee’s Summit in Missouri. With the investment and development activity, the City and a $10 million Holiday Inn Express Economic Development set to open in 2017. stands ready to take its game to the Council (EDC). “As successful next level. “We are building an exciting, up-and- coming neighborhood in the Summit as the past two years have Krista Klaus can be reached at [email protected] or on Twitter Technology Corridor that is adding a been, we are expecting an @kristakcbiz. new dimension and quality of life to Lee’s equally prolific 2017. Summit and to Eastern Jackson County,” said Mayor Rhoads. “The addition of ~ Rick McDowell new amenities such as hotels, restaurants " and retail stores all help build a more vibrant community.” The investment, along with the expected The new development activity arrived 2017 opening of the Missouri Innovation only months after Cerner announced it Campus, is helping attract a wide would invest more than $500 million variety of spinoff development and retail within the Summit Technology Campus. activity.
BENEFITS: COVERAGE: One comprehensive package! Workers’ Compensation Proactive loss prevention training Property On-site safety training General Liability MIRMA Annual police firearms training Public Officials Liability Missouri Intergovernmental Risk Management Association Risk Management Grant Program Employment Practices Liability Aquatic audit reimbursement Law Enforcement Liability Phone: 573.817.2554 Aquatic audit reimbursement Law Enforcement Liability Police accreditation reimbursement Automobile Web: www.mirma.org Seminars & workshops Boiler & Machinery Missouri’s First Municipal Self Insurance Pool Video library Airport
www.mocities.com 11 COMPREHENSIVE, TURNKEY, ENERGY SERVICES SOLUTIONS
12 theReview January/February 2017 FEATURE Review by John Butz and Cyndra Lorey
Hartmann U.S. Brings Innovation To Egg Cartons
One would never think the terms executive director, and Mayor Louis we are pleased with the constructive “innovative” and “egg cartons” could go J. Magdits IV, was able to assemble approach to meeting our needs and together, but the Danish manufacturing an incentive package. This package laying a foundation for a long-standing company Brodrene Hartmann included property tax abatement on cooperation,” said Ulrik Kolding (Hartmann U.S.) does just that by a new building expansion using the Hartvig, CEO of Brodrene Hartmann. blending a dedicated workforce with Enhanced Enterprise Zone, Chapter “Our current activities in Canada have advanced manufacturing technology. 100 bond financing and incentives on contributed significantly to Hartmann’s Hartmann U.S. announced in early 2016 all new equipment, phased-in utility growth and profitability in recent years. that they were acquiring the former incentives, and building permit fee With a new factory in Rolla, Missouri, we Briggs & Stratton building in the Hy relief. In exchange, Hartmann U.S. want to continue positive development. Point Industrial Park after several would invest $30 million in acquiring By increasing production capacity and months of negotiations with Missouri and equipping the new operation while presence in North America, we will gain Partnership and the Rolla Regional creating 50 new jobs in late 2016 with access to a larger share of the market and Economic Commission (RREC). a first quarter 2017 start-up. Incentives have a solid foundation for expanding Brodrene Hartmann began searching and company plans include up to two the business.” for a new facility in the Midwest in 2015 more lines and expansion to as much as Since the early 2016 announcement, with the assistance of Newmark Grubb $65 million in private investment, along the community has welcomed the Knight Frank, a site selection firm. The with 150 jobs in six years. Hartmann North America team led by path to Missouri came through Missouri With the support of the Rolla Gerry Lavis, president, who has been Partnership, the State’s primary business Community, Missouri beat out critical in ramping up the new facility. recruitment organization that solicited five competing Midwest states due The first plant manager was hired in proposals from a number of Missouri to Missouri’s strength in advance the summer and Mr. Varon Martinez, a communities that had large industrial manufacturing; central access to major recently retired military officer from Ft. facilities on the market. Operating costs transportation routes; a competitive Leonard Wood, has been actively putting and a centralized U.S. location were workforce; and competitive operating together a production team. Production primary factors in the search process. cost environment. is on track to begin in the first quarter of Working with the Rolla community, “We have been in close dialog with 2017, so look for the innovative molded- the RREC, led by Cyndra Lorey, state and regional representatives, and fiber egg packages in local stores. The egg cartons will require 6,000 tons of
www.mocities.com 13 quickly connect with our customers across the country. Here, we have found an excellent regional manufacturing workforce and a competitive business climate overall that factored into the final decision to locate to Rolla.” In addition to the Hartmann U.S. project, the Hy Point Industrial Park had a second significant project in 2016 with the announcement of a new 140,000-square-foot facility to serve the growing shipping needs of the region with FedEx Ground. According to Lorey, FedEx Ground selected the Rolla location because of its ease of access to major highways; proximity to customers’ distribution centers; and a strong local community workforce. With the ongoing cooperation between RREC, the city of Rolla and major community organizations and institutions, 2017 looks to be a very exciting year! John D. Butz is the city administrator recycled paper in the first year! process,” said Gerry Lavis, president of for the city of Rolla. He can be reached at “I appreciate the state of Missouri, Hartmann North America. “The central [email protected]. Cyndra Lorey is the the Missouri Partnership and the Rolla location with improved transportation executive director of the Rolla Regional Regional Economic Commission for access from the I-44 corridor and Economic Commission and can be reached at their professionalism during the location intermodal rail connections in St. [email protected] strategy and final decision-making Louis and Kansas City will allow us to
Is your community prepared for the spring tornado season or other outdoor emergencies? Do you know the differences between a World War II alert system and a 21st-century alert system?
If not, contact Outdoor Warning Consulting.
14 theReview January/February 2017
47th Annual MML Legislative Conference
Capitol Plaza Hotel Jefferson City, Missouri February 14-15, 2017
Tuesday, February 14, 2017
12:00 noon Registration
1:30 p.m. Welcome and Opening Remarks
1:40 p.m. MML Legislative Briefing/Lobbying Efforts, Richard Sheets, MML Deputy Director
2:15 p.m. Overview of the 2017 Session: Missouri House of Representatives
2:45 p.m. Minority Perspective, Sen. Gina Walsh, Minority Caucus Chair
3:15 p.m. Missouri Study Commission on Tax Policy Report: Conrad Lamb (Invited), Sen. Dan Hegeman, Rep. Tracy McCreery and Rep. Marsha Hafner (Invited)
4:00 p.m. Economic Development Legislation, Sen. Jay Wasson, Chairman of Senate Economic Development Committee
4:30 p.m. House Local Government Committee Update, Rep. Lyndall Fraker, Chairman of House Local Government Committee
5:00 p.m. Adjourn
5:30 p.m. Reception
6:30 p.m. Dinner on your own with legislators
Wednesday, February 15, 2017
7:30 a.m. Breakfast
8:00 a.m. The Honorable Eric Greitens, Governor, State of Missouri (Invited)
Learn more at www.mocities.com or call (573) 635-9134. www.mocities.com 15 A New President. A New Administration. A New Congress.
A NEW OPPORTUNITY
Advocacy and Education • Hear from policy makers and experts about the current and emerging issues of the first 100 days of the new Congress and Administration.
• Advocate alongside fellow local leaders for the priorities of cities at our Capitol Hill Advocacy Day.
• Come early and participate in pre-conference NLC Raise your voice University seminars for more in-depth training in support of opportunities. America’s cities and towns.
Register now for the Congressional City Conference, the federal advocacy conference of the National League of Cities!
MARCH 11-15, 2017 WASHINGTON, DC Visit for conference details and to register. 16 theReview January/February 2017 ccc.nlc.org Experts in Municipal Bond Financing
Carl Ramey | (314) 342-2242 | [email protected] Martin Ghafoori | (314) 342-8467 | [email protected] Brittany Pullen | (314) 342-2936 | [email protected]
501 North Broadway | St. Louis, Missouri 63102 Stifel, Nicolaus & Company, Incorporated | Member SIPC & NYSE | www.stifel.com/publicfinance
www.mocities.com 17 LOCAL GOV Review by Courtney Coffin and Heidi Goldberg
New NLC Task Force To Focus On Expanding Economic Opportunity
Launched by National League of Cities (NLC) President Matt Zone, a new task force will pursue a three-pronged strategy over the next year that will include municipal engagement and peer learning; documentation of promising and emerging city approaches; and education and training for city officials.
“Cities are where hope meets the challenges are a key concern for city streets," said Mayor Kasim Reed, leaders as the financial health of a City of Atlanta, Georgia. city depends on the economic Mayor Reed’s insightful security, and mobility of its words in his opening residents. reflections as chair of NLC’s City leaders can new task force on Mobility prioritize expanding and Opportunity in economic opportunities November 2016 recognizes for residents while also the vital role that city balancing municipal leaders must play to address budgets. Research from the growing economic gaps the Urban Institute has that plague our cities. found that financially NLC President Matt Zone, healthy families are a Cleveland councilmember more likely to be able to who has committed to making contribute consistently to economic opportunity his key local government revenues issue for his year as NLC’s chief and are less likely to need city elected officer, launched the task force supports. City revenue streams comprised of 22 local elected officials depend on utility payments, sales and from across the country in November property taxes generated by residents 2016. Under the leadership of Mayor Reed, and local businesses. If the local economy the inaugural meeting marked NLC’s commitment isn’t thriving and residents are not financially stable, to address economic disparities and the beginning of a the city as a whole suffers. three-pronged strategy over the next year that will include The solutions for these issues are increasingly found at the municipal engagement and peer learning; documentation city level, as policy action is often stalled at the federal and of promising and emerging city approaches; and education state levels. In this environment, city leaders are well-poised and training for city officials. to stabilize their cities by serving as champions for expanding As shown by discussions throughout the recent election economic opportunity. process, although unemployment is at an all-time low, Cities are already taking action. In Pittsburgh, for millions of financially strained families are desperate to find example, task force member Mayor Bill Peduto is working ways to increase their economic stability. Growing economic hard to ensure that all residents can participate in the City’s disparities in communities across the country highlight the revitalization and newfound prosperity. Partnering with need for access to well-paying jobs, housing and assets for PolicyLink, the City developed a five-point plan focused families struggling to achieve the American Dream. These on housing affordability in high-poverty neighborhoods;
18 theReview January/February 2017 equitable economic development; expanding employment economic mobility. We must build a future where every one and asset building opportunities; addressing racial inequities; of us has economic mobility and opportunity … we must be and working with coalitions and community organizations intentional about promoting equity in all of our policies and to build community power. projects.” Task force member and Boston Mayor Martin Walsh is Courtney Coffin is an associate for economic opportunity committed to addressing poverty with an agenda focused and financial empowerment in the NLC Institute for Youth, on economic equity and inclusion. His agenda includes Education, and Families. Contact Courtney at [email protected]. increasing wages and employment opportunities; business Heidi Goldberg is the director for economic opportunity and development strategies for low-income residents; wealth financial empowerment in NLC’s Institute for Youth, Education, creation strategies including financial empowerment services and Families. Follow Heidi on Twitter at @GoldbergHeidi. and children’s savings accounts; as well as strategies to build economic mobility for youth. This post is reprinted with permission from the National League These strategies and many more identified during the of Cities' blog CitiesSpeak. Find the full post at https://citiesspeak. first task force meeting will be examined during the group’s org/2016/12/19/new-nlc-task-force-to-focus-on-expanding-economic- year-long tenure. The task force is charged with identifying opportunity/. recommendations for local action to address common economic barriers keeping many families from sharing in our country’s prosperity. In his first speech to members as president of NLC, Councilmember Matt Zone challenged cities to make economic mobility “a pillar that supports our work for America’s cities.” He added, “Now more than ever, the economic well-being of our families is at risk, and we, as local officials, can be the key instruments of change and
www.mocities.com 19 Greener Business Opportunities
The City of Wildwood is a growing exurb with exceptional green space, located in the western region of St. Louis County, Missouri. Retail space is available in the town center, the focal point of the master planned convenience vision that attracts some of the most affluent residents and tourists in the region.
An Under-Supplied Retail Market Opportunity Supportive Business Community • $153 million of unrealized retail revenue opportunity within • Pro-active, business-friendly community 10 minute drive time • City leadership focus on building win/win • $324 million of unrealized retail revenue opportunity within business relationships 20 minute drive time • New town center space currently available • Forward-thinking Impactful Buying Power • Largest municipality in St. Louis County at 68 square miles • Median household income of $119,894 • 35,618 current population estimate with plans for growth
Exceptional Environment For more information contact: Julian M.D. Jacquin • 89% of current businesses rated the physical attractiveness Economic Development Manager of the business area either “good” or “excellent” in a 2015 survey P: (636) 458-0440 x113 • Highest elevation among surrounding suburbs C: (636) 399-0060 • Over 50 miles of recreational trails [email protected] • Home to the region’s only snow ski resort cityofwildwood.com
20 theReview January/February 2017 STATE GOV Review Agriculture Is The Show-Me State’s Top Industry
The Missouri agricultural economy is alive and well, production, beef according to reports from state officials. production, turkey A study commissioned by the Missouri Department inventory and rice In addition to analyzing of Agriculture and the Missouri Farm Bureau showed acres harvested. agriculture, forestry, agriculture is still the top economic industry in the Show- The report Me State. also provided and related economic Agricultural products, which include crops, livestock, an outlook for activity at the state forestry and fishery production; agriculture inputs and future agricultural level, county level and services; food and related products manufacturing and possibilities in forestry products manufacturing, brought in a whopping the state. Due to congressional district $88.4 billion in revenue in 2016. growing consumer interest in locally- results are available in In addition, agricultural jobs employed more than 378,000 grown produce, separate reports at http:// Missourians, who earned a collective $17.5 billion in labor fruit and vegetable income. Agricultural companies also contributed $2.2 billion production will agriculture.mo.gov/ in state and local taxes, and $4 billion in federal taxes. be in demand. economicimpact/. While crops amounted for a hefty portion of revenue, Produce farming the biggest contributing industry was food and related provides a good products manufacturing. Breweries were the top economic opportunity for a contributors, raking in nearly $3 billion, with oilseed new generation of production and pet food manufacturing rounding out the farmers to get their start, especially with produce farms top three, coming in at just over $2 billion each. generally having a smaller geographic footprint. Missouri consistently ranks as one of the top performing Read the entire report, including a county-by-county agricultural economies in the nation. In 2015, the Show- breakdown, at http://agriculture.mo.gov/economicimpact/. Me State ranked 13th in the U.S. for gross profit. Missouri This information reprinted with permission from the Missouri ranks in the top-five states for number of farms, biodiesel Department of Economic Development.
www.mocities.com 21 Economic Development Projects Happening Around Missouri
Cape Girardeau's Marquette Tech District Cape Girardeau: TIF Repositions Historic Downtown As Modern Economic Development Hub St. Joseph: The development of the Marquette Tech District is already Downtown Momentum bringing more energy to downtown Cape Girardeau by reinventing two prominent and long-empty buildings as a Momentum is building in downtown St. Joseph as the hotel and technology hub. The project will create considerable City continues to revitalize its inner core. Early in 2016, economic impact from the historic renovation of more than Mosaic Life Care announced a plan to bring 200 employees 145,000 square feet of abandoned commercial building to downtown through the renovation of the historic German- space and a new state-of-the-art fiber optic and public Wi-Fi American Bank Building. Mosaic further committed to raze network. Beyond the infrastructure investments, the project is a deteriorated city parking garage and build a new structure anticipated to result in a technology district that will bring 200- with two levels of parking and 30,000 square feet of retail. 300 talented, enterprising professionals and many more guests Mosaic chose to expand their operation in downtown to to downtown Cape Girardeau. In addition to the modern office help the City demonstrate that a vibrant downtown signifies spaces in the historic Marquette building, and provisions for community investment and a high quality of life. The City, expanding access to the fastest internet speeds in the world, through its economic development efforts with the Chamber of the project will also include a new Marriott Courtyard hotel Commerce, have confirmed that when site selectors consider in the historic Himmelberger-Harrison building — bringing communities, the condition of a city’s downtown is one factor a hotel downtown for the first time in more than 55 years. used in determining where to locate a business. The city of Cape Girardeau’s Downtown Strategic Plan, Further enhancing the recent success downtown, the City adopted by the City Council in August 2009, called for the is in the process of updating its urban park on Felix Street and establishment of a tax increment financing (TIF) district recently added a new concession area adjacent to the park. to create a “conservation area.” The area was intended to Other improvements are planned to better serve those who increase property values in the district and to prevent the live and work in downtown. Downtown has the look and feel area from deteriorating further. The Council approved the of a neighborhood with more loft apartments, a proposed TIF’s first reading in December 2015 so they would be ready grocery store and a mix of eclectic shops and restaurants. to act quickly when opportunity arose. The final readings of Downtown St. Joseph is becoming a destination for residents the ordinance and development agreement were approved and businesses alike, and the City needs to accommodate that in April of 2016, setting the project in motion. For more growing population. information about using TIFs in your community, contact Like any older community, downtown St. Joseph has had Deputy Manager Molly Hood with the City or your own local its challenges redeveloping its older buildings. The cost to Chamber organization. The tech district is also the new home renovate an older structure and the importance to revitalize St. of the recently combined Cape Girardeau Area Chamber of Joseph’s inner core required the City to place an emphasis on Commerce and Convention and Visitors Bureau. The famed the use of public incentives to encourage private development. downtown development corporation, Old Town Cape, has These incentives, such as the use of tax increment financing also relocated to the district. (TIF) and Chapter 353 tax abatement, have helped to spur private development.
22 theReview January/February 2017 To complement Mosaic’s private efforts downtown, the of State, and it is awaiting 501(c)(3) status authorization. A City is working on a project that would consider a new event total of $156,600 is being invested each year for the next five center, additional hotel rooms, and relocation of the existing years, with the public sector contributing $78,500 and the gaming casino to downtown. Working together, investment private sector investing $78,100. These monies will allow the by both the private and public sectors will help to create a County to hire an economic development director who will vibrant downtown that, in turn, creates a vibrant community. work to advance the county’s economic growth and prosperity.
Mosaic Life Care announced a plan to bring 200 employees to Christian County public officials assisted in the Christian downtown through the renovation of the historic German- County Business Development Corporation’s formation. American Bank Building. Pictured (l-r) are Hosea Bilyeu, western county commissioner; Bill Barnett, previous western county commissioner, Sue Childers, eastern county commissioner; Mayor Clint Ellingsworth, Highlandville; Mayor Jarred King, Clever; Ray Weter, presiding commissioner; Steve Nixa: Childers, Ozark city administrator; Rick Gardner, Mayor, Christian County Development Corporation Ozark; Brian Bingle, Nixa city administrator; and Brian Steele, Mayor, Nixa. There are too many opportunities in Christian County not to afford spending more time, effort and resources on the advancement of the County’s economic growth. Over the last three decades Christian County has been one of the most Hazelwood: rapidly growing counties in Missouri. The cities of Ozark and Partnering With Habitat For Humanity To Nixa have seen a large share of that residential growth. Sharon Gulick, University of Missouri Extension, notes, “Christian’s Revitalize Neighborhoods growth was initially fueled by a persistent stream of migration of neighboring counties migration, with Greene constituting A neighborhood revitalization program formed between 45 percent of all migration.” Today, more than 50 percent of the city of Hazelwood and Habitat for Humanity St. Louis is these migrants are young, educated and employed. Yet, 60-70 giving 12 low-to-moderate-income families an opportunity to percent of Christian’s work force works outside of the county. achieve the American Dream of owning a home. It involves the acquisition of vacant homes and blighted lots by the City Christian County’s officials recognized the benefits that and having them transferred to Habitat for the construction nearby regional economic development organizations (i.e., of new homes. Springfield Business Development Corporation, Taney County Partnership, etc.) have achieved. They pursued the Hazelwood has acquired 11 lots where 12 homes will be creation of a Christian County Development Corporation. To built. Structures on eight of these properties will need to be date, it has received incorporation from the Missouri Secretary demolished. The City has completed two of them so far. Phase
www.mocities.com 23 one of the program is underway with building five new homes Joplin: in the Ward 6 area. Construction of the first house began on Sept. 30, 2016, with a “Raise-A-Wall” event. New Jobs and Opportunities A second home was built in less than two weeks during November as part of a “Home 4 the Holidays” promotion involving Habitat and KMOV-TV News 4 (CBS). The purpose was to make home ownership possible for another hard- working family in time for the 2016 holiday season. The phase one structures are expected to be completed by early spring 2017. Habitat is utilizing HOME grant funds for the design and construction costs. Construction on the remaining seven homes for phase two is expected to begin by summer 2017 and be finished by the end of the year. The families moving into these Habitat homes are purchasing them. In addition to a down payment and a 30- year affordable mortgage, each homeowner is required to invest 350 “sweat equity” volunteer hours to help build the Kansas City University of Medicine and Biosciences' broke house. They also sign-up to take several life skill classes. ground for a new medical school campus in Joplin. Not only does this partnership between the city of Hazelwood and Habitat open the door to home ownership Joplin announces several new projects coming online in for many families that may not qualify through other means, 2017 that will bring new jobs and opportunities to southwest but also the City benefits by making a reinvestment in a local Missouri. neighborhood that helps improve the housing stock, increase property values, reduce crime, and enhance the aesthetics and After several years of collaboration, Joplin community pride people have for their community. Plus, bringing in more members were pleased to join officials with the Kansas City families increases the City’s population, giving Hazelwood a University of Medicine and Biosciences (KCUMB) in a better chance of receiving more federal funding when the 2020 groundbreaking event for the new medical school campus U.S. Census is taken. in Joplin. Habitat for Humanity St. Louis built its first two homes With the first class of 150 students starting in August 2017, in 1988. Thirty years later, thanks to the hard work of many KCUMB enrollment is expected to be at full capacity of 600 volunteers and the support of the St. Louis community, more students after four years. Joplin’s two health systems partnered than 355 local families now have a safe and affordable place with community leaders and supporters to reach this long- to call home. term goal for Joplin. Both systems will provide residency and training opportunities for the students. In July, Owens Corning, a global manufacturer of insulation, roofing and fiberglass composites, announced the company would invest nearly $90 million to open a new manufacturing plant in Joplin. The 303,000-square-foot facility will produce a mineral wool insulation for residential, commercial and industrial uses, creating more than 100 local full-time jobs.
A neighborhood revitalization program formed between the City of Hazelwood and Habitat for Humanity St. Louis is giving 12 low-to-moderate- income families an opportunity to achieve the American Dream of owning a home. It involves the acquisition of vacant homes and blighted lots by the City and having them transferred to Habitat for the construction of new homes.
24 theReview January/February 2017 Owens Corning employs 15,000 people in 26 countries and military ammunition pull-down, including packing and posted net sales of $5.3 billion in 2014. The Joplin facility will shipping, expanding into specialty recycling, manufacturing/ support the company’s growth opportunities in the North remanufacturing. Additionally, they will conduct advanced American construction markets. research and development technology systems, and green With a goal to help the existing workforce improve their technology ammunition projectiles. Orbital ATK, the facility skills to advance in their current jobs or to obtain better jobs, and property manager of Lake City who worked directly with the Joplin Advanced Training and Technology Center will American Marksman, has reported the company has plans for open in 2017. The $6 million project is funded through the additional expansion and job creation in the upcoming years. Community Development Block Grant-Disaster Recovery “The City Council, city staff, and the Independence program awarded by the U.S. Department of Housing and Economic Development Council are focused on attracting Urban Development following the tornado that struck Joplin capital investment and new jobs to Independence,” said in May 2011. Partners in the project include the city of Independence Mayor Eileen Weir. “American Marksman Joplin, Crowder College, The Workforce Investment Board locating at Lake City and partnering with Orbital ATK is a of Southwest Missouri and the Joplin Area Chamber of huge contributor to those efforts. Independence has had a Commerce Foundation. strategic approach to utilizing the unique assets of Lake City Much of the Center’s work will focus on targeted audiences, for businesses like American Marksman that have very specific including the lower-to-moderate-income residents who may needs. We welcome the employees and their families to our also be veterans, unemployed or underemployed individuals community.” in need of expanded skills and technical training. The Center This announcement furthers the City Council’s strategic will also offer a “maker space” and flexible training space for goal to promote a strong local economy with an expanding the use of area employers. employment and tax base. This is accomplished through Blue Buffalo, one of the nation’s premier producers of focused strategies to aid in the establishment of new high-quality pet food products, will be expanding their businesses; redevelop existing business districts; provide manufacturing space in Joplin during 2017. exceptional customer service; and aggressively pursue economic development and redevelopment opportunities. Blue Buffalo selected Joplin for this first manufacturing facility in 2013 and the current 425,000-square-foot facility The City of Independence partnered with the Orbital ATK, opened in 2014. The company now plans an 112,000-square- the facility and property manager for Lake City, Independence foot addition along with equipment for Heartland Pet Food Economic Development Council and Missouri Department Manufacturing, one of their subsidiaries, to increase their of Economic Development to offer an incentive package to production of pet snacks and treats. The expansion will add American Marksman. The company will receive the incentive 45 additional jobs to the current job base of more than 150 package as it achieves stated job creation criteria. The employees. Independence Economic Development Council also worked with the Missouri Partnership, Kansas City Area Development Council and KC SmartPort to aid American Marksman in evaluating sites and programs designed to attract new jobs and investment to the state. Independence: American Marksman Opens New Manufacturing Facility
Sixty-five new advanced manufacturing jobs will be created in Independence, Missouri. American Marksman, LLC, a distributor of bullets of varying calibers, announced in November 2016 their plans to locate a new manufacturing facility at the Lake City Army Ammunition Plant in Independence. American Marksman’s focus will be on U.S.
www.mocities.com 25 NEWS From The Bench by Kenneth Heinz
Faustino Lopez-Matias v. State of Missouri, SC95946
Defendant was arrested and charged with a non-capital setting bail in Section 544.455 and Rule 33.01 requires the felony. He sought to be released on his own recognizance or conditions for release to reflect the particular circumstances for reasonable bail. The circuit court overruled his motion of each case. Section 544.070.2 violates Article I, Section 20 under Section 544.470.2, RSMo that provides a person by purporting to deny pretrial release to an entire class of who cannot prove his lawful presence in the United States defendants not charged with capital offenses and not able to “shall continue to be committed to the jail and remain until establish their lawful presence in the United States. Although discharged by due course of law.” The Supreme Court held Article I, Section 32 of the state constitution permits a circuit that because it plainly and unambiguously contravenes the court to deny bail or impose special conditions upon a right guaranteed by Article I, Section 20 of the Missouri showing that a defendant poses a danger to the crime victim, Constitution, Section 544.070.2 is unconstitutional. Article witness or the public. This provision does not authorize I, Section 20 provides that “all persons,” unless charged with the wholesale denial of pretrial release to an entire class of a capital offense, shall be entitled to bail subject to reasonable defendants. The circuit court was ordered to consider, based conditions, as set forth in Section 544.455, RSMo. on all the circumstances of his case, reasonable conditions for The Constitution gives circuit courts broad discretion to defendant’s pretrial release using the individualized procedure fashion conditions for release that, in the circumstances of set forth in Chapter 544 and Rule 33. each case, balance the constitutional right to pretrial release with the constitutional requirement of “sufficient sureties” that the defendant will appear in court. The process for
26 theReview January/February 2017 The Lamar Company, LLC, v. City of Columbia, Missouri, et al. No. WD79267
The Lamar Company appealed from summary judgment in agreement was entered, allows a City to adopt regulations on favor of the city of Columbia in Lamar’s lawsuit for declaratory outdoor advertising that are more restrictive than the height, judgment, breach of contract, and mandamus, premised on size, lighting and spacing provisions of the Missouri Billboard the enforceability of a 1998 settlement agreement. The 1998 Act. The court held that the agreement did not “grandfather” settlement agreement was held void. signs already in place and that the agreement was invalid and This case followed a 1994 lawsuit by Lamar that was settled did not impair the obligation of contracts. The court further in 1998. At that time, the company claimed that the denial held that the City was not equitably estopped from denying of its application was arbitrary and capricious, and that the validity and enforceability of the agreement. The court the City’s billboard ordinance was unlawful in light of the finally rejected the plaintiff’s argument that the agreement Missouri Billboard Act. The settlement agreement provided hinders public health, welfare and safety, or that there was a that the company would dismiss its lawsuit and waive claims significant variance between the City billboard ordinance and for damages and that the City would agree to issue permits the billboards for which application was made. for three new billboards. With respect to 42 of the company’s This decision is lengthy but well worth reading, especially by billboards, the company would be permitted to rebuild in the municipal officials concerned with prior settlements that may same location subject only to state statutes and the existing have been affected by the passage of time. It is still subject to city requirements. rehearing or transfer to the Supreme Court of Missouri. It does In 2014, the Lamar Company applied for permits to reinforce prior opinions upholding the statutory requirements rebuild or relocate eight of the 42 billboards described in the of Section 432.070. settlement agreement. The City denied the application because Kenneth J. Heinz is a principal with Curtis, Heinz, Garrett & O'Keefe, the billboards did not meet the City’s billboard requirements. P.C. Heinz serves as general counsel for several communities. Contact The company appealed the ruling claiming that the agreement the firm at 314-725-8788 or www.chgolaw.com. required the City to approve its application. The City defended the claim on the basis that the 1998 agreement was ultra-vires and void ab initio because it impermissibly contracted away the City’s police powers. The trial court granted summary judgment in favor of the City. The court pointed out that Section 432.070 RSMo imposes three requirements for a contract. It must be within the scope Missouri LAGERS of the governmental entity’s powers for proper consideration and duly authorized You work hard for your community. in writing. These statutory requirements We work hard for YOU. are mandatory. LAGERS members work hard. And each month The court held that the agreement of hard work helps them get a little closer to a exceeded the City’s powers because it dignified, secure retirement. LAGERS members contracted away the City’s police power and required the City to authorize replacement are thousands of police officers, firefighters, or relocation of billboards without regard librarians, utility & maintenance workers, and to its current zoning ordinances. The court other public servants located in every corner of stated that the City’s billboard ordinance Missouri, serving their communities everyday. was adopted pursuant to its delegated zoning police powers. Since the City Visit www.molagers.org to learn more. had no authority to contract away future enforcement of its zoning ordinance, the agreement exceeded the City’s powers in 1-800-447-4334 violation of Section 432.070 and is void. Missouri Local Government The court also pointed out that Section Employees Retirement System 71.288 RSMo, which took effect after the
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28 theReview January/February 2017 MML DIRECTORY Changes
Changes to the Directory of Missouri Municipal Officialswill be published in each issue of The Missouri Municipal Review. Please submit your city's official changes to Lori Noe at [email protected]. Changes are listed in alphabetical order by city.
Brentwood Marshall Trenton Add: Dusty Hosna, Clerk Add: David Haugland, City Remove: Chad Davis, Utility Director Administrator
Clayton Mike Morgan, City Inspector Wildwood Remove: George Ertle, Asst. to City Chuck Hines, Add: Julian Jacquin, Economic Administrator Councilmember Development Manager Remove: Gabe Ramsey, Collins Councilmember New Members Add: Melisssa McCoy, Clerk New Participating Affiliate Osage Beach Remove: Judy Hollis, Clerk JML Management Consulting, LLC Add: Cynthia Lambert, Clerk PO Box 496 Crystal City Lee Schuman, Alderman Branson, MO 65615 Add: Rick Fischer, Remove: Diann Warner, Clerk Councilmember Phone: 417-230_8092 Remove: Charlie DeBoor, Pleasant Valley Contact: Joel Laws Councilmember Add: Sarah Everhart, Court Email: info@jmlmanagementconsulting. Administrator com Gladstone Services: Providing planning and Add: Scott Wingerson, City Rolla consulting services to public government Manager entities. Add: Chad Davis, Operations Robert Baer, Assistant City Manager Manager
Damon Randolph, Alderman Remove: Kirk Davis, City Manager
Independence Remove: Larry Kaufman, Deputy City Manager
Lake Saint Louis Add: George Ertle, Assistant City Administrator
Lathrop Add: Bob Burns, City Administrator Remove: Don Moore, City Administrator RESPONSIVE TO YOU. 816-525-7881 Lexington DEDICATED TO YOUR COMMUNITY. www.laubermunicipallaw.com
Add: Janelle Braden, Records The choice of a lawyer is an important decision and should not be based solely on advertisements. Clerk
www.mocities.com 29 MEMBERS' Notes Kansas City Tops The Nation In MML Calendar of Events Business Growth Pennsylvania-based Wendover Corp. released its third-quarter national business January growth survey report, which found that 24 �����Final Certification to Election Authority Kansas City tops the nation with its 25 �����Central Regional Meeting, Sedalia, Missouri business growth index score. Kansas City's score increased 23.8 percent compared to 26 �����MCMA Winter Workshop, Columbia, Missouri the same period last year. The national average is a 10 percent increase. February 2-4 �����New Partners For Smart Growth, St. Louis, Missouri Master Municipal Clerk 6 �����Missouri Economic Development Conference, Jefferson City, Missouri Congratulations to Becky Shimmel, city of Grandview city clerk, on earning 8 �����MML Webinar: Budgets the prestigious Master Municipal Clerk 14-15 �����MML Legislative Conference, Jefferson City, Missouri (MMC) designation from the International 16 �����Missouri Transportation Conference, Jefferson City, Missouri Institute of Municipal Clerks! To qualify for entrance into the Master Municipal Clerk Academy (MMCA), that prepares March participants for achieving the MMC status, 7-9 �����Missouri Parks and Recreation Association Conference, Branson, one must have earned the Certified Missouri Municipal Clerk (CMC) designation. To earn the CMC designation, a municipal 15 �����MML Webinar: Public Works Contracting clerk must attend extensive education programs. The designation also requires April pertinent experience in a municipality. 4 �����Municipal Election Day 12 �����Missouri Partners In Governance Conference, Columbia, Missouri Certified Municipal Clerk 30-May 6 ���Missouri Local Government Week Congratulations to Sondra Kasserman, city clerk with the city of Wood Heights, on earning the prestigious Certified May Municipal Clerk (CMC) designation from 1-3 �����Main Street Now, Pittsburgh, Pennsylvania the International Institute of Municipal 8 �����Harry S Truman's Birthday: MML Offices Closed Clerks! To earn the designation, a municipal clerk must attend extensive education 21-28 �����National Public Works Week programs and have pertinent experience in a municipality. June 9-10 �����MML Elected Officials Training Conference, Columbia, Missouri Grandview Named Crown Community The American City & County Magazine Find more details on www.mocities.com and in the MML monthly e-newsletter. named Grandview a "2016 Crown Community" for revitalizing its Main MML Monthly News MML's Latest Member News Street. American City & County presents Are you receiving MML's monthly Watch for the latest member news on its Crown Communities awards each year e-newsletter? We may not have your the MML website at www.mocities.com. to recognize innovative and impactful direct email, or it may be landing in a junk The Latest News section features the projects. Grandview's $6.1 million, four- folder. For the latest grant opportunities, latest updates and achievements from phase Main Street Improvement Project MML announcements, local government member cities. If you have something to is an example of a complete street design, events and more, be sure to include your submit, please email Lori Noe at Lnoe@ incorporating a road diet to minimize the direct email in your MML member profile, mocities.com! width of the street, widened sidewalks, and add MML to your safe senders list. and pocket parks in the heart of Downtown Don't miss out! Grandview.
30 theReview January/February 2017 www.mocities.com 31 32 theReview January/February 2017