SMITHVILLE, MISSOURI · Alderman Jeff Bloemker, Ward III Figure 1 Swearing in of Alderman Bloemker...

SMITHVILLE, MISSOURI

Board of Aldermen - Regular Session (Revised 5/17/2019)

7:00 p.m.

May 20, 2019

Smithville Board of Aldermen

Agenda Notes

TABLE OF CONTENTS

AGENDA ...................................................................................................................................................................... 3

CONSENT AGENDA .................................................................................................................................................. 5

BOARD OF ALDERMEN WORK SESSION MINUTES – MAY 7, 2019 .................................................................................. 7 BOARD OF ALDERMEN REGULAR SESSION MINUTES – MAY 7, 2019 ............................................................................ 19 BOARD OF ALDERMEN RETREAT MINUTES – MAY 9, 2019 .......................................................................................... 26 FINANCIAL REPORT – APRIL 2019 ............................................................................................................................. 33 LIQUOR LICENSE – TRACYE BETZLER / THORNY CREEK ............................................................................................... 34

CITY ADMINISTRATOR’S REPORT .................................................................................................................. 37

TOBACCO 21 ........................................................................................................................................................... 42

AMENDING SECTION 155.100 – ECONOMIC DEVELOPMENT COMMITTEE ..................................... 49

TEMPORARY MORATORIUM FOR FENCING IN CENTRAL BUSINESS DISTRICT ............................ 53

SITE PLAN APPROVAL - WHITE IRON RIDGE EVENT SPACE ................................................................ 56

FIREWORKS AGREEMENT .................................................................................................................................. 63

BID AWARD – IT SUPPORT SERVICES .......................................................................................................... 65

CHANGE ORDER NO. 3 FOR STREETSCAPE .................................................................................................. 77

APPOINTMENT ....................................................................................................................................................... 82

DOG PARK DISCUSSION ..................................................................................................................................... 83

Regular Session

May 20, 2019

AGENDA

City of Smithville, Missouri

Board of Aldermen – Regular Session Agenda – Updated 5-17-19

May 20, 2019

7:00 pm - Council Chambers

1. Call to Order

2. Pledge of Allegiance

3. Consent Agenda • Minutes

o May 7, 2019 Board of Alderman Work Session Minutes o May 7, 2019 Board of Alderman Regular Session Minutes o May 9, 2019 Board of Alderman Retreat Minutes

• Reports o Financial Report - April 2019

• Resolution 696, Liquor License A Resolution to approve issuing a Liquor License to Tracye Betzler for operation of Thorny Creek Market located at 116 N. Bridge Street.

REPORTS FROM OFFICERS AND STANDING COMMITTEES

4. Mayor’s Report

5. Committee Reports

6. City Administrator’s Report

ORDINANCES & RESOLUTIONS

7. Bill No. 2833-19, Tobacco 21 –2nd Reading An Ordinance amending Chapter 205 relating to offenses concerning tobacco and the sale and distribution of tobacco, alternative nicotine, and vapor products to minors under the age of 21. 2nd reading by title only.


Agenda Notes

8. Bill No. 2834-19, Amending Section 155.100 of the Municipal Code – 2nd Reading An Ordinance amending Section 155.100 of the Municipal Code to broaden the qualifications for this committee to include individuals involved in the Smithville community and add the clause, “owners of real estate, reside within the Smithville School District boundaries, Chamber of Commerce members” to allow future potential members to be included on the committee if they do not live in or own business within the City. 2nd reading by title only.

9. Bill No. 2835-19, Temporary Moratorium For Fencing Permits in the Central Business District – Emergency Ordinance Sponsored By Mayor Boley – 1st & 2nd Reading An Ordinance to approve establishing a temporary moratorium for one hundred twenty days from the adoption of this ordinance, for any fence permits for any property located within the B-4 Central Business District. 1st and 2nd reading by title only.

10. Resolution 697 – Site Plan Approval, White Iron Ridge Event Space A Resolution to approve the site plan for White Iron Ridge Event Space at 815 West 92 Highway.

11. Resolution 698 -Fireworks Agreement – Third Year A Resolution to direct the Mayor to execute the agreement for the Fireworks Display on the 4th of July with Aerial FX, Inc. for the third year of the agreement.

12. Resolution 699 – Award Bid No. 19-08, IT Support Services A Resolution to award Bid No. 19-08 and direct the Mayor to execute an agreement with Dan Bounds for Information Technology Support Services for the City.

13. Resolution 700 – Change Order No. 3 for Streetscape A Resolution to authorize Change Order No. 3 for the Downtown Streetscape for the additional mill and pavement work necessary along Main Street and at the intersection of Main and Mill Street for the amount not to exceed $30,934.50.

OTHER MATTERS BEFORE THE BOARD

14. Public Comment Pursuant to the public comment policy, a Public Comment Card must be submitted to the City Clerk prior to the meeting. When recognized, please state your name, address and topic before speaking. Each speaker is limited to three (3) minutes.

15. Appointments The Mayor will make a nomination for the Parks and Recreation Committee.

16. Dog Park Discussion

17. New Business From The Floor Pursuant to the order of business policy, members of the Board of Aldermen may request a new business item appear on a future meeting agenda.

18. Adjourn

Regular Session

May 20, 2019

CONSENT AGENDA

City of Smithville Meeting Date: May 20, 2019 Department: Administration

Agenda Item: Consent Agenda

Summary: Voting to approve would approve the Board of Aldermen minutes and finance report.

Purpose:

The Board of Aldermen can review and approve by a single motion. Any item can be removed from the consent agenda by a motion. The following items are included for approval:

Minutes o Approve the May 7, 2019 Board of Aldermen Work Session Minutes o Approve the May 7, 2019 Board of Alderman Regular Session Minutes o Approve the May 9, 2019 Board of Alderman Retreat Session Minutes

Financial Report o Approve the April 2019 Finance Report

Liquor License

o A Resolution to approve issuing a Liquor License to Tracey Betzler for operation of Thorny Creek Market located at 116 N. Bridge Street.

Impact

Comprehensive Plan: N/A

Economic Development Plan: N/A

Parks Master Plan: N/A

Strategic Plan: N/A

Capital Improvement Plan: N/A

Budget: N/A

Legislative History:

N/A


Agenda Notes

Suggested Action:

A motion to approve the consent agenda

Attachments: Plans Contract Staff Report

Ordinance Resolution Minutes Other: Finance Report

Regular Session

May 20, 2019

Board of Aldermen Work Session Minutes – May 7, 2019

SMITHVILLE BOARD OF ALDERMEN

WORK SESSION

May 7, 2019 5:30 p.m.

City Hall Council Chambers

1. Call to Order Mayor Damien Boley called the meeting to order at 5:30 p.m. Members of the Board present: Steve Sarver, John Chevalier, Josh Hurlbert, Marv Atkins, Jeff Bloemker and Melissa Wilson. Staff present were Cynthia Wagner, Nickie Lee, Jack Hendrix, Dan Toleikis, Bob Lemley, Jason Lockridge and Linda Drummond.

2. Oath of Office for Newly Elected Officials Linda Drummond, City Clerk presented the Oath of Office to the newly elected official: Alderman Jeff Bloemker, Ward III

Figure 1 Swearing in of Alderman Bloemker

3. Public Comment

None

4. Engineers Presentation and Public Input for South Commercial Sidewalk Rick Walker, Engineer with Cook, Flatt and Strobel Engineers, presented the Board the drawing for the South Commercial Sidewalk project. The Sidewalk will begin in Hills of Shannon on Shamrock Way and end at the High School property. The section to 92 Highway will be constructed on the west side of South Commercial and will connect to the existing sidewalks. Construction will include filling in the ditches


Agenda Notes

and adjusting driveway grades as necessary. The project will tie into the existing sidewalk at the roundabout at 92 Highway. The section on the north of 92 Highway will be on the east side of the road. There will be temporary easements necessary for installing pipes under driveways and constructing retaining walls. The schedule is as follows:

• They should have the final plans for the City to review by May 31

• The project should be ready to bid by June 7 • Construction is estimated to take 60-70 days

Figure 2 - South Commercial Sidewalk

Alderman Bloemker requested some type of a crossing at Hills of Shannon and at the roundabout at 92 Highway. Rick Walker stated that they could install a hybrid signal at a cost of $50,000-$60,000 each, or construct raised cross walks to create a speed bump control. Jack Hendrix, Development Director, commented that a flashing light could be installed similar to the one by the Angus Hall of Fame building.

Regular Session

May 20, 2019

Alderman Bloemker suggested taking the sidewalk down farther on the east side of South Commercial and making the crossing at Basswood. Rick Walker suggested also constructing a sidewalk on the east side of South Commercial from Shamrock Way to Basswood and putting the cross walk there. He said they would provide both scenarios for the Board to review.

5. Budget Discussion a. Fleet and Equipment Reviews and Schedule

Staff Report – Nickie Lee, Assistant City Administrator

Overview During development of the 2019 Budget, the Board of Aldermen requested a thorough review of the existing fleet. Over the course of the last several months, this review has been conducted, with the following objectives:

• Review current asset list (including vehicles and equipment) • Identify opportunities for reduction, repurpose, and sharing of vehicles • Draft a fleet policy • Review 2020 budget requests • Explore funding options •

Review Current Asset List The tables below outline the number of vehicles in the City fleet by type and department. A full list is attached as Exhibit 1.

Vehicle Type Number

Sedan 6

SUV 8

Medium Truck 16

Dump Truck 5

Light Truck 10

Grand Total 45

Department Number

Development 3

Parks and Rec 7

Police 12

Streets 9

Utilities 14

Grand Total 45

Based on departmental analysis, 28 vehicles are in good condition, 13 fair, and 4 bad condition. The

average age of vehicles is 10 years, with vehicles as old as 1990 currently in the fleet.


Agenda Notes

Immediate Opportunities for Reduction, Repurposing, and Sharing The review identified opportunities for reducing, repurposing, or sharing vehicles as outlined below. The vehicles which are recommended for repurposing may be shifted to the Development Department, a vehicle pool, or cycled out of the fleet.

Vehicles Recommended for Surplus

Department Year Item Description

Police 2013 Chevrolet Caprice

Parks 1990 Chevy Kodiak Dump Truck

Vehicles Recommended for Repurpose


Utilities 2008 Ford Crown Vic

Utilities 2007 Chevy Impala

Streets 2006 Silverado 3500 4x4 In addition to reviewing fleet vehicles, 88 pieces of equipment were also reviewed in this process.

Equipment includes items such as trailers, snowplows, golf carts, generators, and mowers.

11 pieces of equipment are recommended to be declared as surplus and sold due to age, condition or

lack of use.

Equipment Recommended for Surplus


Utilities 2008 Trailer

Parks Unspecified Gorman Rupp Trash Pump Model K181T

Parks 1997 Honda Generator

Parks Unspecified Parker Walk Behind Vacuum

Streets 1998 SE6 mower

Streets 1997 8 ft. snow plow

Streets 1999 8 ft. snow plow

Streets 2001 8 ft. spreader

Streets 2006 8 ft. spreader

Streets 1997 8 ft. broom

Streets Unspecified 6 ft. broom

Recommended Fleet Policy Going forward, it’s recommended that annual review of the number and types of fleet and equipment be reviewed utilizing a Board-adopted fleet policy. Such a policy would:

• Outline a process for new vehicle and equipment purchase, transfer, and disposal; • Outline a process for annual budget requests; and • Designate Departmental and Fleet Manager roles and responsibilities.

Staff is currently developing a draft policy to provide to the Board for review as part of the annual policy

review process this summer.

Regular Session

May 20, 2019

Review 2020 Budget Requests Departments submitted preliminary requests for vehicles and equipment to be included in the proposed 2020 budget. Due to relatively recent purchases and shifting of vehicles, most Departments did not submit requests for new vehicles in 2020. The Utilities Department submitted a request for a ½ Ton Light Duty 4x4 Truck. This would replace a 2004 Ford F350 currently used by the utility inspector. The existing vehicle has over 110,000 miles.

The Development Department expressed a need for additional vehicles which will be addressed by

repurposing or sharing existing vehicles already in the fleet.

Funding Options The most common funding options for fleet include purchasing with cash operating funds or leasing. The City typically purchases vehicles and equipment using allocated budget funds and has recently engaged in a lease for the street sweeper. Other cities utilize multiple funding options for fleet and equipment including bond funds, leasing and

cash. Of the entities researched, most use a combination of these solutions. The cities who lease vehicles

typically do so for a portion of their fleet which are most appropriate for the leasing model. For example,

the City of Lenexa currently leases vehicles under one ton that do not require customization. The City of

Grandview explored the option of leasing vehicles through Enterprise. However, after running financial

analysis they concluded that purchasing most vehicles with cash using prices from purchasing co-ops was

a better long-term financial option. They may consider lease-purchase or other lease financing options for

larger purchases such as firetrucks and ambulances in the future.

Leasing There are many different leasing options and companies which structure fleet lease programs differently. Generally, the benefits of leasing vehicles are:

• Initial purchase cost is spread over time; • If you go with a managed fleet model, then you will receive multiple management benefits

including expertise on size and type of fleet; • Potential Fuel and Maintenance savings; • Reduced administrative staff time purchasing and processing fleet; and • Access to a large motorpool for vehicle acquisition and disposal.

Staff has discussed this option with other cities and leasing entities including Enterprise. Leasing may be a good alternative for at least a portion of the fleet going into the future and will be reviewed annually as part of the budget process. Lease-purchase financing could continue to be an option for larger equipment such as tractors in the future. The street sweeper the City currently leases is a 7-year lease-purchase option with a payment of $37,345/year. Fleet Replacement Fund As an alternative to leasing, the City could better prepare for cash purchase of future vehicles through a fleet replacement fund. The American Public Works Association (APWA) recommends the establishment of a fleet replacement fund. According to APWA’s policy statement on timely fleet replacement, it is recommended that annual funds be provided during the budget cycle as a priority item. Additionally, it is recommended a fleet replacement fund be established with a goal of 15% of fleet replacement value to maintain adequate reserves for timely replacement, emergencies and unforeseen replacement of equipment. The replacement plan establishes an annual forecast for economically replacing fleet assets and the remaining reserves or fund balances.


Agenda Notes

In other cities who have established fleet replacement funds, the original fund balance often came from

one-time revenues such as payments in lieu of taxes or fund balance transfers. Based on current

estimated fleet value, 15% of vehicle replacement value would be $207,000.

Department Make Type/Model Year Mileage Use Frequency Condition

Development Ford F-150 4x4 pick up 2016 26,680 Daily Good



Parks and Rec Chevrolet Chevy C3500 Boom Truck 1999 62,247 Weekly Fair

Parks and Rec Ford Ford F350 4X4 2008 59,143 Daily Good

Parks and Rec Ford Ford F350 4X4 2015 29,187 Daily Good

Parks and Rec Chevrolet Chevy S-10 2003 74,699 Daily Good

Parks and Rec Chevrolet Chevy S-10 1998 86,413 Monthly Fair

Parks and Rec Ford Ford F150 1997 95,281 Seasonal-daily Good

Parks and Rec Chevrolet Kodiak Dump Truck 1990 61,031 Seasonal Bad

Police-Admin Ford SUV 2014 101,868 Daily Fair

Police-Admin Dodge Sedan 2014 66,581 Daily Good

Police-Detective Chevrolet Sedan 2016 20,052 Daily Good

Police-Extra Chevrolet Sedan 2013 125,845 Not used Bad

Police-Patrol Ford SUV 2015 84,181 Daily Good







Police-Patrol Dodge Dodge 2014 86,003 Daily Fair

Streets Chevrolet 3/4 ton 4x4 1991 168,470 Weekly Fair

Streets Ford F350 4x4 2004 47,793 Seasonal-daily Fair

Streets Chevrolet Silverado 3500 4x4 2006 74,037 Seasonal-daily Fair

Streets Chevrolet Silverado 3500 4x4 2011 48,556 Daily Good

Streets Chevrolet Silverado 3500 4x4/spreader & plow 2015 15,995 Daily Good



Streets Chevrolet Kodiak Dump Truck 2004 38,007 Weekly Fair

Streets Chevrolet Kodiak Dump Truck 2005 28,368 Weekly Fair

Utilities Ford Crown Vic 2008 102,235 Monthly Fair

Utilities Chevrolet Impala 2007 105,506 Monthly Fair

Utilities Ford F350 Flatbed 2wd 1999 111,930 Daily Good

Utilities Ford F350 4wd 2004 112,041 Daily Bad

Utilities Chevrolet 3500 4wd 2005 98,263 Daily Fair

Utilities Chevrolet 3500 4wd 2006 99,999 Seasonal-daily Fair

Utilities Dodge Ram 5500 Boom 4wd 2014 2,522 Weekly Good

Utilities Chevrolet 2500 HD 4wd Diesel 2015 20,479 Daily Good

Utilities Ford F150 4wd 2013 63,258 Daily Good

Utilities Ford F150 V8 4wd 2016 12,467 Daily Good

Utilities Chevrolet Chevy 1500 4x4 2018 4,563 Daily Good

Utilities Chevrolet Chevy 1500 4x4 2018 3,220 Daily Good

Utilities Chevrolet Kodiak Dump Truck 1993 40,795 Monthly Bad

Utilities Mack Dump Truck 2016 548 Monthly Good Figure 3- City Vehicle Inventory

Nickie Lee, Assistant City Administrator, explained that the City’s vehicle count of 45 is in line with other cities our size. She also pointed out that the two vehicles that are recommended for surplus are problematic to maintain. They will be on a future agenda for the Board to approve as surplus.

Regular Session

May 20, 2019

The vehicles recommended for repurposing, the 2008 Ford Crown Vic and the 2007 Chevy Impala, used to be police cars. Staff is recommending they be serviced and make them pool vehicles for departments to use in lieu of paying mileage. The 2006 Chevy Silverado 3500 4x4 could become a shared vehicle for a seasonal truck for the Parks Department and the Development Department Codes Enforcer. Nickie stated that a fleet policy is being drafted and will be brought to the Board for approval some time this summer. Alderman Bloemker thanked Nickie for working on this and helping the Board to see all of the vehicles and equipment the City owns.

b. Capital Improvement Plan Discussion Staff Report – Dan Toleikis, Financial Director

The CIP Review PowerPoint presentation, which reviews the revenue sources and expenditure uses for each fund, provides an update of capital projects included in the FY19 budget for each fund, and gives a brief explanation of how the FY19 ending cash balance is currently being projected for each fund. Projections account for 6-months of known revenue and expenditure data (through April 30) and 6-months of projected revenues and expenditures.

Also provided is a detailed CIP document for each fund beginning with FY20: • The top section of each sheet summarizes the projected FY20 beginning cash balances and

how those were derived (note that the projected FY19 ending cash balance from the PowerPoint matches the projected FY20 beginning cash balance, in green on each page), as well as the revenue sources and expenditure uses for each fund. This section also details any additional discussion items that staff has identified.

• The middle section of this document labeled “Identified Projects” lists identified capital projects, in staff- or committee-prioritized order, if applicable, along with estimated figures for each project. The conversation at the Work Session is envisioned to center around this list, adding or removing any projects, and affirming the priority of the projects. This document will be presented in an interactive format so that the effect of changes may be viewed as discussion occurs.

• The bottom section outlines projected cash flows for each fund over the next few years. Please note that this year-to-year cash flow detail may generate some concern. These cash flow projections will continue to change as actual costs for current capital projects become known, as additional months of actual revenue and expenditures are known, and as additional FY20 budget meetings are held with each department. However, as changes are made to the middle section, these cash flows will update to provide information on the feasibility of completing projects within a desired timeframe and also generate discussion on where additional funding may be necessary.

Attempts have been made to include all capital projects previously in CIP plans or identified by Governing Body members. The intent of this presentation is to identify any CIP projects not recognized by staff, provide initial prioritization of projects and to begin the discussion around projected cash available and Board priorities. Additional discussion on priorities is expected to continue throughout the FY20 budget process, including during the May 9 Board retreat and the Citizen-Based Strategic Plan in order to finalize the CIP.


Agenda Notes

Figure 4 - CIP Review Slide Show 1

Regular Session

May 20, 2019

Figure 4- CIP Review Slide Show 2


Agenda Notes

Capital Projects Fund Dan asked that the Board make corrections tonight if staff forgot anything or if there was something the Board would like to see changed or added.

Cynthia explained that there are a lot of projects listed and this is just the first blush for the budget discussion to see how to move forward.

Dan explained that we will have approximately $509,673 in the FY19 projected ending cash balance that can be used for Capital Improvement Projects (CIP). Dan gave the Board suggestions of what they could use that money for:

- Gateway Sign - Downtown Streetscape Second Phase – Bridge Street from Church Street

to the bridge. There is a water line there that will need to be relocated. The Water Department can stub out the water line now and cap it so when the water line replacement is ready to begin, they will not have to disturb the newly constructed streets. The cost will be approximately $10,000 to do the job in house.

Alderman Wilson stated that she believes the Downtown Streetscape needs to continue, and the sign can be done at a later date. She said it was important for the citizens to see the work continue.

The Board discussed how much of the Main Street Trail would affect the third phase of the Downtown Streetscape that will continue from Commercial west to the new bridge. It will be affected but not sure just how much.

Mayor Boley suggested applying for another grant for trails to help with the cost since the trail will consist of putting a sidewalk on the south side of Main Street.

Alderman Bloemker agreed that the Downtown Streetscape needs to continue but also believes the sign needs to be done.

Regular Session

May 20, 2019

Figure 6 -Capital Improvement Sales Tax Fund

Figure 5- Capital Project Fund

Dan explained that we should have enough revenue from the half-cent sales tax to pay the debt service. Dan also noted that the Board needs to consider having reserves to pay the debt service if the sales tax does not produce like we think it will. Dan suggested that we have at least one payment in reserve. He also said that after making the debt service payment in 2023 we will only have an excess of $50,000.

Alderman Wilson suggested having the next semi-annual payment in reserve.

Cynthia said that we should think about being more conservative.

Dan said that we could do phase two of the Streetscape in 2020, phase three in 2022 and the Gateway Sign in 2024.

Alderman Wilson said she didn’t think we should wait until 2024 to do the Gateway Sign.

Mayor Boley suggested getting public input to see what they want to see done and in what order.

Dan asked about the fencing on the Bridge Street bridge and if the Board wanted to replace it to match the new fencing in the Streetscape?

Alderman Chevalier suggested painting the existing fence on the bridge black.

Mayor Boley said that we could challenge the downtown and Historical Society to help with the cost.

Discussion was started on the Transportation Sales Tax Fund but due to the time Mayor Boley suggested they adjourn the Work Session and continue the CIP review discussion at the Board of Alderman Retreat on Thursday, May 9.


Agenda Notes

6. Adjourn

Alderman Bloemker moved to adjourn the Board of Alderman Work Session. Alderman Hurlbert seconded the motion. Ayes – 6, Noes - 0, motion carries. Mayor Boley declared the meeting adjourned at 6:46 p.m. __________________________ ___________________________ Linda Drummond, City Clerk Damien Boley, Mayor

Regular Session

May 20, 2019

Board of Aldermen Regular Session Minutes – May 7, 2019

SMITHVILLE BOARD OF ALDERMEN REGULAR SESSION

May 7, 2019 7:00 p.m.

City Hall Council Chambers

1. Call to Order Mayor Boley called the meeting to order at 7:00 p.m. A quorum of the Board was

present: Marvin Atkins, Steve Sarver, John Chevalier, Jeff Bloemker, Josh Hurlbert and Melissa Wilson.

2. Pledge of Allegiance lead by Fire Chief David Cline

3. Consent Agenda Minutes

Approve the April 1, 2019 Board of Alderman Work Session Minutes. Approve the April 1, 2019 Board of Alderman Executive Session Minutes. Approve the April 16, 2019 Board of Alderman Work Session Minutes. Approve the April 16, 2019 Board of Alderman Regular Session Minutes. Alderman Wilson moved to amend the consent agenda and remove the April 1 Work Session Minutes and the April 1 Executive Session Minutes to be voted on separately. Alderman Chevalier seconded the motion. No discussion. Ayes – 6, Noes - 0, motion carries. The Mayor declared the April 1 Work Session Minutes and the April 1 Executive Session Minutes to be voted on separately. Alderman Hurlbert moved to approve the consent agenda as amended. Alderman Wilson seconded the motion. No discussion. Ayes – 5, Noes – 0, Abstained – 1, motion carries. The Mayor declared the consent agenda approved as amended. Alderman Hurlbert moved to approve the April 1, 2019 Board of Alderman Work Session Minutes and the April 1, 2019 Board of Alderman Executive Session Minutes. Alderman Bloemker seconded the motion. No discussion.


Agenda Notes

Ayes – 5, Noes – 0, Abstained – 1, motion carries. The Mayor declared the April 1 Work Session Minutes and the April 1 Executive Session minutes approved.

REPORTS FROM OFFICERS AND STANDING COMMITTEES

4. Mayor’s Report Mayor Boley attended: April 18 – Eagle Heights for the Staff and Support Staff of the Year Awards April 23 – Planted a Liberty Tree in Wildflower Park given by the 4-H Club April 25 – Breakfast at Eagle Heights for the volunteers April 26 – Community Foundation Breakfast April 27 – Chamber Awards Banquet April 28 – Multi Church Service at the Methodist Church May 2 – Paper Airplane Contest at Maple Elementary May 6 – Met with the Mayor of Kearney May 6 – School Liaison Committee meeting May 6 – Workday at Wildflower Park May 7 – Kiwanis May 7 - St. Luke’s May 7 – Board of Alderman Work Session Mayor Boley proclaimed May as Mental Health Awareness Month

5. Committee Reports Alderman Chevalier reported on the Economic Development Committee meeting held on April 23. They discussed the progress on The Marketplace, including the fact that Taco Bell and Porter’s Hardware are locating in Smithville as part of the project. They also discussed marketing ideas such as putting out pamphlets at travel locations. Alderman Wilson reported on the Parks and Recreation Committee meeting held on April 25. They discussed the CIP list for Parks and Recreation. They also talked about redoing the surface of the ball fields at Smith’s Fork Park. They conditionally approved a Helvey Park shelter house. Alderman Hurlbert reported on the School Liaison meeting held on May 6. They discussed the number of housing permits and the State of the Community Dinner to be held on September 12.

6. City Administrator’s Report Through April 30 of this year we have issued eight building permits. That number is significantly lower than last year due primarily to permits for Clay Creek issued in 2018. We do not have any commercial building permits to date but we anticipate some to be turned in shortly.

Regular Session

May 20, 2019

Smith’s Fork Campsite Utilization – At the last Work Session, Board members requested Smith’s Fork utilization information. Included in the City Administrator’s report is a spreadsheet which tracks rentals by day and by site type (upgraded and non-upgraded). Year to date, 14% of all available campsites have been rented. Last week a total of 96 sites were rented (compared to 119 the same time period in 2018) Year-to-date, a total of 297 sites have been rented, compared to 226 last year. Camping began two weeks earlier this year. We will continue to monitor and provide information to the Board. RFP – Downtown Lot – we are soliciting proposals to select a developer for the undeveloped, City-owned property located at the corner of Meadow Street and South Bridge Street. Proposals are due June 7, 2019. An optional pre-bid meeting for potential bidders has been scheduled for Wednesday, May 8 at 10:30 in the City Hall Board Room. Trail Grant - we were notified last week that we have been selected for a pre-award site inspection. Grant funding is not guaranteed at this time however this is the next essential step in the process. The inspection is scheduled for June 4, at which time, we hope to have additional information and/or a timeline for additional information. Surplus Equipment – the 25 light poles (six damaged) we removed from downtown for the Streetscape project netted $2,509 and the phones from the old system, that were replaced last year, brought in $21, both from on-line sales. After the Board approves the Resolution tonight, we will surplus more obsolete City equipment. Photo Contest – we have initiated a photo contest on our website that is open to all. We will be able to utilize the photos for our website and marketing ideas. Dog Park – Cynthia attended the County Commission Meeting yesterday. They did not discuss the Dog Park in the Open Meeting. We were told that they discussed it in their Executive Session. Cynthia has communicated some questions to Assistant County Administrator, Nicole Brown, and hopefully we will hear something back soon so we can move forward with the agreement and requests to the Corps of Engineers to begin construction of the Dog Park at the corner of 172nd Street and Old Jefferson Highway. Downtown Sidewalk Use – Staff has distributed the Sidewalk Use Guidelines Policy to all the business owners downtown and will begin enforcement of the policy. We have had two sign leases to date. Board Retreat – Cynthia reminded the Board of the retreat at Paradise Point Golf Course on May 9 beginning at 8:30 a.m.

ORDINANCES & RESOLUTIONS

7. Bill No 2833-19, Tobacco 21 – 1st Reading


Agenda Notes

Alderman Bloemker moved to approve Bill No. 2833-19, to amend Chapter 205 relating to offenses concerning tobacco and the sale and distribution of tobacco, alternative nicotine, and vapor products to minors under the age of 21. 1st reading by title only. Alderman Chevalier seconded the motion. Alderman Chevalier stated that he thought the penalties were too low. Alderman Chevalier moved to amend Bill 2833-19, Tobacco 21 to amend the penalties to $300, $600 and $1,000 respectively for offenses. Chief Lockridge explained to the Board that by state law we can charge no more than $500 for a fine. Alderman Wilson asked what our fines were for alcohol offenses? Chief Lockridge explained that our Ordinance does not have specific dollar amount fines for alcohol offenses, the Judge sets the fines per case which is a mandatory court appearance. Alderman Chevalier withdrew his motion. Alderman Bloemker stated that the Board needed to act on this Bill and protect our citizens. He explained that in his profession he sees daily what tobacco use can do to people. Alderman Wilson stated that she felt that it was something that should be passed at the state level. Alderman Hurlbert agreed with Alderman Wilson that this should be passed at the state and federal level. He said that we should do more education on the dangers of vaping with the youth. He said that he would be voting against this Bill. Alderman Bloemker stated that the wording was changed to also address the vaping issue and to make the purchase of it more difficult. Alderman Atkins stated that the Board owed it to our youth to take the first step and pass the Bill for Tobacco 21. Upon roll call: Alderman Hurlbert – No, Alderman Chevalier – Aye, Alderman Bloemker – Aye, Alderman Wilson – No, Alderman Sarver– Aye, Alderman Atkins – Aye. Ayes – 4, Noes – 2, motion carries. Mayor Boley declared Bill No. 2833-19 approved 1st reading.

8. Bill No. 2834-19, Amending Section 155.100 of the Municipal Code – 1st Reading

Regular Session

May 20, 2019

Alderman Atkins moved to approve Bill No. 2834-19, to amend Section 155.100 of the Municipal Code to broaden the qualifications for the Economic Development Committee to include individuals involved in the Smithville community and add the clause, “owners of real estate, individuals who reside within the Smithville School District boundaries, Chamber of Commerce members” to allow future potential members to be included on the committee if they do not live in or own business within the City. Alderman Wilson seconded the motion. Alderman Hurlbert said that he would like to see the Economic Development Committee become its own entity someday. Mayor Boley said that this was a way to open it up to more individuals who are very involved in our community. Upon roll call: Alderman Wilson – Aye, Alderman Sarver – Aye, Alderman Atkins -Aye, Alderman Bloemker – Aye, Alderman Chevalier – Aye, Alderman Hurlbert – Aye. Ayes – 6, Noes – 0, motion carries. Mayor Boley declared Bill No. 2834-19 approved 1st reading.

9. Resolution 693 – Amending the Financial Advisor Service Agreement Alderman Sarver moved to approve Resolution 693 to amend the agreement with the Financial Advisor Piper Jaffray to include analysis and review of economic development proposals and related opportunities. Alderman Wilson seconded the motion. No discussion. Ayes – 6, Noes – 0, motion carries. Mayor Boley declared Resolution 693 approved.

10. Resolution 694, Police Surplus Equipment Alderman Wilson moved to approve Resolution 694 to direct the City purchasing agent to dispose of certain equipment in its possession as surplus and no longer of value:

1. Eight In-Car Video Systems (Digital Ally) 2. Seventeen Body-Worn Video Cameras (Digital Ally)

Alderman Atkins seconded the motion. No discussion.

Ayes – 6, Noes – 0, motion carries. Mayor Boley declared Resolution 694 approved

11. Resolution 695, Amending the Schedule of Fees


Agenda Notes

Alderman Bloemker moved to approve Resolution 695, to amend the Schedule of Fees to adopt the following additions:

• Sidewalk Café Permit - $50.00/year • Downtown Sidewalk Sign Deposit - $50.00

Alderman Hurlbert seconded the motion. No discussion. Ayes – 6, Noes – 0, motion carries. Mayor Boley declared Resolution 695 approved

OTHER MATTERS BEFORE THE BOARD

12. Public Comment None

13. Appointments • The Fire District Liaison Committee

Mayor Boley nominated Alderman Atkins.

By roll call vote. Alderman Wilson - Aye Alderman Sarver - Aye Alderman Atkins – Abstained Alderman Bloemker - Aye Alderman Chevalier – Aye Alderman Hurlbert - Aye Ayes – 5, Noes – 0, Abstained – 1, motion carries. The Mayor declared Alderman Atkins Fire District Liaison Committee Representative.

Mayor Boley nominated Alderman Hurlbert

By roll call vote. Alderman Atkins - Aye Alderman Sarver - Aye Alderman Wilson – Aye Alderman Hurlbert - Abstained Alderman Chevalier – Aye Alderman Bloemker - Aye Ayes – 5, Noes – 0, Abstained – 1, motion carries. The Mayor declared Alderman Hurlbert Fire District Liaison Committee Representative.

• The School District Liaison Committee

Mayor Boley nominated Alderman Bloemker.

By roll call vote. Alderman Hurlbert – Aye

Regular Session

May 20, 2019

Alderman Chevalier - Aye Alderman Bloemker – Abstained Alderman Wilson – Aye Alderman Sarver – Aye Alderman Atkins - Aye Ayes – 5, Noes – 0, Abstained – 1, motion carries. The Mayor declared Alderman Bloemker School District Liaison Committee Representative. Mayor Boley nominated Alderman Chevalier.

By roll call vote. Alderman Bloemker – Aye Alderman Chevalier - Abstained Alderman Hurlbert – Aye Alderman Atkins – Aye Alderman Sarver – Aye Alderman Wilson - Aye Ayes – 5, Noes – 0, Abstained – 1, motion carries. The Mayor declared Alderman Chevalier School District Liaison Committee Representative.

14. New Business from the Floor Alderman Chevalier asked that an alternate downtown truck route discussion be on

a future Work Session.

15. Adjourn Alderman Hurlbert moved to adjourn. Alderman Atkins seconded the motion.

Ayes – 6, Noes – 0, motion carries. Mayor Boley declared the regular session adjourned at 7:27 p.m.

_________________________ __________________________ Linda Drummond, City Clerk Damien Boley, Mayor


Agenda Notes

Board of Aldermen Retreat Minutes – May 9, 2019

SMITHVILLE BOARD OF ALDERMEN RETREAT WORK SESSION

May 9, 2019

A Retreat Work Session of the Smithville Board of Aldermen was held on May 9, 2019 at Paradise Pointe Golf Course in the Meeting Room. Present: Mayor Damien Boley; Board members: John Chevalier Jr., Josh Hurlbert, Melissa Wilson, Steve Sarver, Marvin Atkins and Jeff Bloemker. Staff: Cynthia Wagner, Nickie Lee, Jack Hendrix, Jason Lockridge, Dan Toleikis, Allan Jensen, Bob Lemley and Linda Drummond.

Call to Order Mayor Boley called to order the Retreat Work Session at 8:29 a.m. Strategic Planning Retreat Patty Gentrup, Program Manager for the University of Kansas Public Management Center, was the facilitator for the retreat.

The Board shared their thoughts on what the Smithville brand means to them. What Smithville is known for and how we protect the brand.

Cynthia provided an update of the status on the work relating to the goals that the Board established at the retreat in July 2018.

Capital Improvement Plan Discussion Continued Dan Toleikis, Finance Director, continued the Capital Improvement Plan discussion from the May 7 Board of Alderman Work Session. All charts below reflect changes made based on the discussion at the retreat.

Regular Session

May 20, 2019

Figure 7- Transportation Sales Tax Fund


Agenda Notes

Figure 8- Combined Water & Wastewater System Fund

Regular Session

May 20, 2019

Figure 9- General Fund


Agenda Notes

June 18 will be the next Capital Improvement update with public input.

Vision Statement The Board revised and updated the vision as outlined at the July 2018 retreat. The recommended changes follow: A thriving Smithville builds its future by embracing growth, encouraging commerce and cultivating its natural surroundings.

Key Performance Areas The Board reviewed the Key Performance Areas identified during the 2018 retreat. The Board identified work plan items in the key performance areas to be accomplished over the next two years. The Board then prioritized the items by a dot preference system. * indicate the number of dots (priority goes to number of most dots). Finance ****Maintain A Financial Plan – Aggressive but Fiscally sound ***Quarterly Reporting on all funds, debts, P/L, balance sheets – Post it on the website with prior year comparison **Don’t be afraid of debt – Establish good debt maintenance plan/policy *Continue to present data that is user friendly and post on the website GFOA budget format Subdivision Asset List – R/W/S requirements Community Life ****Recreational Activities – A Basketball Court ***Execute Trails ***Town Hall Meeting – with City, Fire, Ambulance, Library, Hospital and School *Senior Center expanded use and a teen center *Encourage Community involvement *Education regarding processing the City’s applications – timeframe, signage, park amenities, events *FAQ pages on the website – example top 10 Code Violations Educate citizens where tax dollars go When the City can and cannot be involved in events Infrastructure South Sewer, Waste-Water Master Plan, Transportation Master Plan & Streetscape II & III ******Annexation – Smith’s Fork & other areas ***Special Road District ***Enhanced Safety Signage – crosswalks, etc. **Pope Lane *Develop the river area

Regular Session

May 20, 2019

Security cameras 144th Street Community Engagement City Hall upgrades – video improvement Coffee with the Alderman Website navigation Backbone – You might disagree, but you still listen to what citizens have to say Growth Strategic Plan, Comprehensive Plan, Transportation Plan Annexation to fill in the map and do away with the pockets, Smith’s Fork Park and Golf Course ****Change requirements for future development – border current development and not leave pocket areas **Regional Engagement with Economic Development Committee and update the Economic Development Strategic Plan based on Future IQ Governance ***City Hall / Police Faciality / People Needs / Rate of Pay Study **Leadership Smithville – Use of Committees developed by the Think Tank *Execute – Keep and build a cohesive team *Regional Participation Board Retreats Social Media Policy Review Codes The Board created a new Vision Statement A thriving Smithville builds it’s future by embracing growth, encouraging commerce and cultivating its natural surroundings.

Social Media Patty facilitated general discussion on social media. She noted that the most important part of social media was knowing when to engage and when not to engage for Board members. The City’s FaceBook page should be for official business only and the posts should direct people back to the City website. The Social Media Policy is scheduled to be updated this fall.

Other Items The Board would like to see the top ten Code Enforcement issues posted on the website, so citizens have the information.


Agenda Notes

The website still states all mowing citations are complaint driven, with new code enforcement this is not the case. The website should be changed. The Board agreed to move the May 21 Board of Alderman Meeting to Monday, May 20.

Municipal Budgeting DJ Gehrt, City Administrator of Platte City, conducted a presentation on the municipal budgeting process.

DJ provided several examples of the processes they use in Platte City. He said that they take 15% from each department for the general fund to create a vehicle and equipment reserve fund.

He also explained that they put approximately $120,000 a year in a replacement fund for vehicles and equipment.

Their police department replaces police vehicles every four years, or 100,000 miles from this replacement fund.

Their public works department replaces vehicles based on miles and condition. Backhoes will generally be kept for 15 years, dump trucks probably longer, pickups are usually every four years.

Dan Toleikis explained that this year has 27 pay days, where generally we only have 26 pay days. Going forward we could take the difference between the two and use it to start a replacement fund.

The Board asked how many times we have 27 pay days in a year?

Dan said it happens every six or seven years.

DJ noted that Platte City includes salary information by employee name in the budget document. The Board asked that staff salaries by position be included in the budget document.

Adjourn Alderman Sarver moved to adjourn the Board of Alderman Retreat Session. Alderman Atkins seconded the motion.

Ayes – 6, Noes – 0, motion carries. The Mayor declared the retreat work session adjourned at 4:31 p.m.

______________________________ ____________________________

Linda Drummond, City Clerk Damien Boley, Mayor

Regular Session

May 20, 2019

Financial Report – April 2019

Full Financial Report

https://smithvillemissouri.municipalcms.com/files/documents/FinancialReportagenda11655134051619-021409PMa.pdf


Agenda Notes

Liquor License – Tracye Betzler / Thorny Creek


Agenda Item: Liquor License – Thorny Creek Market

Summary:

Tracye Betzler, owner of Thorny Creek Market, has a completed a Liquor License Application for her business.

Purpose:

Ms. Betzler has requested the following licenses:

Intoxicating Liquor (all kinds) By The Drink

Intoxicating Liquor (all kinds) Original Package

She has requested the effective date of June 1, 2019. She has remitted payment to cover June 1, 2019 through June 30, 2020.

Impact:




Strategic Plan: N/A


Budget: N/A


Suggested Action:

Approval of Resolution 696.


Ordinance Resolution Minutes Other: Approval letter

Regular Session

May 20, 2019

RESOLUTION 696

A RESOLUTION ISSUING A LIQUOR LICENSE TO TRACYE L. BETZLER FOR OPERATION OF THORNY CREEK MARKET

WHEREAS, Tracye Betzler has completed the required application, and; WHEREAS, Captain Roetman has completed a background check, and; WHEREAS, the background check did not reveal anything to prevent approval of a City liquor license, and; NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF SMITHVILLE, MISSOURI, AS FOLLOWS: THAT A LIQUOR LICENSE WILL BE ISSUED TO TRACYE BETZLER FOR OPERATION OF THORNY CREEK MARKET LOCATED AT 116 N. BRIDGE STREET. PASSED AND ADOPTED by the Board of Aldermen and APPROVED by the Mayor of the City of Smithville, Missouri, the 20th day of May 2019.

_________________________ Damien Boley, Mayor ATTEST: ____________________________ Linda Drummond, City Clerk


Agenda Notes

Regular Session

May 20, 2019

CITY ADMINISTRATOR’S REPORT

City Administrator’s Report

May 16, 2019

Streetscape: Ribbon Cutting and Final Change Order


Agenda Notes

Following months of construction and disruption, the streetscape is finally complete. Despite rain and chilly weather, a number of people turned out to celebrate with a ribbon cutting on Saturday, May 11.

The contractor and HDR are negotiating final quantities and we anticipate information yet this week to complete a final change order, which will be added to the Board of Aldermen agenda as an update when finalized. It is anticipated that the final costs will be approximately $25,000 more than the original budget. Staff and HDR are working with contractors on the Second Creek Road Bridge and 180th Street Sidewalk projects and anticipate savings in those projects to offset cost overruns on the streetscape project.

Sewer Project Updates

Pump Station and Overflow Basin Project The contractor has begun the construction of the 1.4 million gallon overflow basin portion of the sewer project. The concrete base was poured this week, with more than 40 concrete truck loads (approximately 390 yards of concrete) and 35 tons of rebar used. The basin base has a radius of 52 feet and is several feet thick. This base will soon have the walls being tilted up. Once up, the walls will be wrapped and sealed to complete this portion. The pumping station construction is complete and the internal plumbing and electrical work to make it functional is ongoing. The current schedule is to begin testing the station and the overflow basin sometime in August. Once that work is approved, the final connections to this system with the existing downtown sewers, and the large force main that serves the south half of the city will be connected and become operational. Gravity Interceptor Project The contractor has just a few hundred feet of sewer pipe to install and then the new interceptor will be installed. Testing of the manholes and the lines is ongoing, and once all of the work has passed inspection, this contractor will pull off the project for about 60 days while the remaining pump station and overflow work is complete and ready to be connected to the existing system. This contractor will return to complete that work sometime in August as well.

Regular Session

May 20, 2019


Agenda Notes

Strategic Planning

The strategic planning process continues to build towards the June 8 Think Tank Session. Over 350 individuals have completed the survey which is still open and available on the website. Please keep in mind the following dates:

• Saturday June 8, 9 a.m. – 3 p.m.: Think Tank Session in the Smithville High School cafeteria. Please plan to attend and participate.

Regular Session

May 20, 2019

• Thursday June 27-June 28: Community Engagement Sessions at various times and locations throughout the City. Locations and times will be shared on the website and Facebook. Please plan to attend at least one of the sessions.

• Wednesday, September 18: Follow up Think Tank Session, time and location to be determined. Please plan to attend and participate.

Future iQ will attend an October board meeting to share the results of the strategic planning process.


Agenda Notes

TOBACCO 21


Agenda Item: Bill No. 2833-19 - Tobacco 21 Ordinance

Summary:

An Ordinance amending Chapter 205 relating to offenses concerning tobacco and the sale and distribution of tobacco, alternative nicotine, and vapor products to minors under the age of 21.

Purpose:

In December 2018, the Board of Aldermen directed staff to explore implementing a Tobacco 21 ordinance for the City of Smithville similar to the City of Liberty ordinance.

Smithville’s existing Ordinance, Article XIII: Offenses Concerning Tobacco, Alternative Nicotine Products or Vapor Products. Chapter 205 Section 2100-2170 prohibits the sale or distribution of tobacco products, alternative nicotine products, and vapor products to minors under the age of 18. The current Ordinance can be updated and modernized to be consistent with current Tobacco 21 Ordinances.

BACKGROUND INFORMATION Tobacco 21 is a nationwide initiative to get states, cities, and counties to raise the minimum legal sales age (mlsa) for tobacco products, alternative nicotine products, and vapor products to 21. Communities in the metropolitan Kansas City area have embraced this initiative, and as of March 2019, 29 municipalities have enacted Tobacco 21 ordinances including: Kansas City, Excelsior Springs, Parkville, Liberty, and Gladstone.

About 90% of all smokers start before the age of 18, and a study by the Institute of Medicine concludes that increasing the minimum legal sales age would reduce overall smoking rates and potentially lead to a smaller number of long-term smokers. Tobacco 21 ordinances can promote the importance of public health in communities.

Tobacco 21 ordinances restrict the sale of tobacco products, alternative tobacco products, and vapor products to minors under the age of 21. They do not require that communities lower the age to legally possess tobacco products from the current state-imposed age of 18 years. Tobacco 21 laws focus on stopping retailers from selling to youth in the first place. The ordinances should be designed to place restrictions on retailers and impose fines and sanctions if the laws are violated. The first reading of this ordinance occurred on May 7. An Alderman inquired about whether the penalties should be increased, and Chief Lockridge supplied information about what level of fees can be assessed. Next steps Upon completion of the second reading by the Board, the City will roll out public information

Regular Session

May 20, 2019

regarding the new ordinance. This will include social media posts and letters to business license holders in the City. The City will work with the School Resources Officers to develop a plan to inform students.

Impact:

Comprehensive Plan: None

Economic Development Plan: None

Parks Master Plan: None

Strategic Plan: None

Capital Improvement Plan: None

Budget: None


Section 205; First reading occurred on May 7, 2019

Suggested Action:

A motion to approve Bill No. 2833-19 amending Chapter 205 relating to offenses concerning tobacco and the sale and distribution of tobacco, alternative nicotine, and vapor products to minors under the age of 21. Second reading by title only.


Ordinance Resolution Minutes Other: Tobacco 21 Map


Agenda Notes

BILL NO. 2833-19 ORDINANCE NO. XXXX-19 AN ORDINANCE AMENDING CHAPTER 205, SECTION XIII RELATING TO OFFENSES CONCERNING TOBACCO AND THE SALE OF TOBACCO, ALTERNATIVE NICOTINE, AND VAPOR PRODUCTS TO MINORS UNDER THE AGE OF 21 OF THE CITY CODE OF THE CITY OF SMITHVILLE, MISSOURI

WHEREAS, it is currently a violation of Missouri state law to sell cigarettes, cigarette tobacco or smokeless tobacco to any person under eighteen years of age; and

WHEREAS, children and adolescents are finding it easier than ever to buy or obtain cigarettes, cigarette tobacco, smokeless tobacco, tobacco products or other vaping products and many adult smokers began smoking before age twenty-one (21); and

WHEREAS, the Board of Aldermen of the City of Smithville, Missouri, finds it in the best interest of the health, safety and welfare of its citizens to prohibit the sale of cigarettes, cigarette tobacco or smokeless tobacco to persons under the age of 21 in the City of Smithville. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF SMITHVILLE, MISSOURI, AS FOLLOWS:

SECTION 1: That Sections 205 Article XIII are hereby repealed in their entirety and new amended Sections are hereby enacted, to be read and numbered as follows:

Section 205.2100 – Definitions “Alternative Nicotine Products” means any non-combustible product containing nicotine that is intended for human consumption, whether chewed, absorbed, dissolved, or ingested by any other means. Alternative nicotine product does not include drugs, devices, or combination products authorized for sale as a cessation product by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food, Drug and Cosmetic Act. “Distribution” means to sell, or attempt to do so, whether gratuitously or for any type of compensation. “Distributor” means a person who sells a tobacco product. “Electronic Smoking Device” means any device that can be used to deliver aerosolized or vaporized nicotine or any other substance to the person inhaling from the device, including, but not limited to, an e-cigarette, e-cigar, e-pipe, vape pen or e-hookah. Electronic smoking device includes any component, part, or accessory of such a device, whether or not sold separately, and includes any substance intended to be aerosolized

Regular Session

May 20, 2019

or vaporized during the use of the device. Electronic smoking device does not include drugs, devices, or combination products authorized for sale as a cessation device by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food, Drug and Cosmetic Act. “Person” means any natural person, partnership, joint venture, society, club, trustee, trust, association, organization, or corporation, or any officer, agent, employee, factor, or any other personal representative thereof, in any capacity. “Proof of Age” means a driver’s license or other government issued means of identification that contains a picture and the age of the individual and appears on its face to be valid. “Recipient” means any person who obtains or attempts to obtain a tobacco product. “Tobacco Product” means any product that is made from or derived from tobacco, and is intended for human consumption or is likely to be consumed, whether smoked, heated, chewed, absorbed, dissolved, inhaled or ingested by any other means, including, but not limited to, a cigarette, a cigar, pipe tobacco, chewing tobacco, snuff, snus, or an electronic smoking device. The term includes any component or accessory used in the consumption of a tobacco product, such as filters, rolling papers, pipes, or liquids used in electronic smoking devices. Tobacco product does not include drugs, devices, or combination products authorized for sale by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food, Drug and Cosmetic Act. “Vapor Product” means any non-combustible product that employs a heating element, power source, electronic circuit, or other electronic, chemical of mechanical means, regardless of shape or size, that can be used to produce vapor from a solution or other form that may or may not contain nicotine. Vapor product includes an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe or similar product or device and any vapor cartridge or container of nicotine in a solution or other form that is intended to be used with or in an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe or similar product or device. Vapor product does not include any alternative nicotine product or tobacco product. Section 205.2105 – Minimum Legal Sales Age It shall be unlawful for any distributor to give, sell or otherwise distribute any tobacco, alternative nicotine, or vapor product to a person under the age of 21. Section 205.2110 – Age Verification It shall be unlawful for any distributor to give, sell or otherwise distribute any tobacco, alternative nicotine, or vapor product to any person without first verifying, via a photo


Agenda Notes

identification such as a driver’s license, that the person is 21 years of age or older. No such verification is required for a person over the age of 30. That a recipient appeared to be 30 years of age or older shall not constitute a defense to a violation of this section. Section 205.2120 – Signage It shall be unlawful for any distributor to give, sell or otherwise distribute any tobacco, alternative nicotine, or vapor product in any place that does not have posted in a conspicuous place a sign stating that giving, selling, or otherwise distributing cigarettes, cigarette wrappers, tobacco, alternative nicotine products, vapor products or any other tobacco products to a person under 21 years of age is prohibited by law. Section 205.2130 – Vending Machines Prohibited It shall be unlawful for a retailer to sell tobacco products, alternative nicotine products, or vapor products unless it is a direct, face-to face exchange between the retailer and the consumer. Self-service displays, mail-order sales and other ‘impersonal’ modes of sales are prohibited. Section 205.2140 – Enforcement The City of Smithville or its authorized designee may conduct random, unannounced inspections at locations where tobacco products are sold to test and ensure compliance with this ordinance. Section 205.2150 – Penalties In General. Any individual, firm, partnership, joint venture, association, joint stock company, corporation, unincorporated business entity, or any other group or combination acting as a unit that owns or operates any location where tobacco products, alternative nicotine products, or vapor products are sold who directly violates, or whose agent or employee violates this ordinance, shall be subject to a fine of no less than $100 for the first offense, no less than $250 for the second offense, and no less than $500 for each offense thereafter. Each violation, and every day in which a violation occurs, shall constitute a separate violation. Section 205.2160 – Exceptions and Defenses The penalties in this ordinance do not apply to a person younger than 21 years old who purchases or attempts to purchase tobacco products, alternative nicotine products, or vapor products while under the direct supervision of City of Smithville staff for training,

Regular Session

May 20, 2019

education, research, or enforcement purposes. Nothing in this ordinance prohibits an underage person from handling tobacco products, alternative nicotine products, or vapor products in the course of lawful employment. It shall be an affirmative defense to a violation of this ordinance for a person to have reasonably relied on proof of age as described by state law. This article shall be liberally construed so as to further its purposes. The provisions of this section are hereby declared severable, and if any provision, clause, sentence, or paragraph of this section or the application thereof to any person or circumstances held by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such a ruling shall not affect the other parts of this section that can be given effect. If any provision of this ordinance, or the application thereof to any person or circumstance, is held invalid, such invalidity shall not affect any other provision of this ordinance that can be given effect without the invalid provision or application. Each invalid provision or application of this ordinance is severable. SECTION 2. That said ordinance shall be effective upon signing by the Mayor. PASSED AND ADOPTED by the Board of Aldermen and APPROVED by the Mayor of the City of Smithville, Missouri the _____ day of __________ 2019. PASSED THIS __ DAY OF ______________ 2019. __________________________ Damien Boley, Mayor ATTEST: __________________________ Linda Drummond, City Clerk First Reading: / / Second Reading: / /


Agenda Notes

Regular Session

May 20, 2019

AMENDING SECTION 155.100 – ECONOMIC DEVELOPMENT COMMITTEE


Agenda Item: Bill No. 2834-19 – Amending Section 155.100 of the Municipal Code

Summary:

The structure and purpose of the Economic Development Committee (EDC) continues to evolve. There is a desire to broaden the qualifications for this committee to include individuals involved in the Smithville community. Current language requires that “All citizen members shall be or have been: residents of, business owners or managers in, or real estate developers, brokers or agents within the City for at least one year.” Adding the clause “owners of real estate, reside within the Smithville School District boundaries, Chamber of Commerce members” allows future potential members to be included on the committee if they do not live in or own business within the City. This language also provides for a more specific definition than the previously rejected “or active in the Smithville community”. Other edits would adjust the number of meetings which can be missed due to the change in meeting schedule and provide clean up language, including clarification of when Chair elections may occur and duties of the committee. Staff recommends the Board adopt the attached changes. The EDC currently has one vacancy with several more expected in October 2019.

Purpose:

To update the EDC Ordinance.

Impact:


Economic Development Plan: Complies


Strategic Plan: N/A


Budget: N/A


Agenda Notes


The current version of the ordinance was adopted March 6, 2018. A previous amendment was rejected on February 5, 2019. First reading was approved May 7, 2019.

Suggested Action: A motion to approve Bill No. 2834-19, second reading.


Ordinance Resolution Minutes Other:

Regular Session

May 20, 2019

BILL NO. 2834-19 ORDINANCE NO. XXXX-19 AN ORDINANCE AMENDING THE CODE OF ORDINANCES PERTAINING TO THE ECONOMIC DEVELOPMENT COMMITTEE WHEREAS, the Board of Aldermen updated the provisions of the Code 155.100 with Ordinance 2991-18 on March 6, 2018 pertaining to the Economic Development Committee; and WHEREAS, the Economic Development Committee has recommended to the Board of Aldermen additional changes in the provisions of the Code; NOW THEREFORE BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF SMITHVILLE, MISSOURI AS FOLLOWS: Section 1. That Section 155.100 of the Code of Ordinances of the City of Smithville, Missouri is hereby deleted in its entirety and replaced with a new Section on the same subject to be read and numbered as follows: § 155.100 Economic Development Committee. A. Creation, Composition, Qualification and Terms Of Office. There is hereby created

an Economic Development Committee for the City of Smithville, Missouri. The Economic Development Committee shall have up to nine (9) members, which shall consist of one (1) member from the Board of Aldermen, one (1) representative of the Smithville Chamber of Commerce, one (1) representative of the Smithville School District and the remainder shall be citizen members. All citizen members shall be or have been: residents of, business owners or managers in, owners of real estate, reside within the Smithville School District boundaries, Chamber of Commerce members, or real estate developers, brokers or agents within the City for at least one (1) year immediately prior to their appointment and shall hold office for a period of three (3) years or until their successors are appointed. The Board of Alderman representative shall hold office for one (1) year or until the annual vote by the Board; and the School and Chamber representatives, once approved shall sit until a new representative is nominated and approved in accordance with this section.

B. Appointment, Compensation, Organization and Vacancies.

1. All citizen appointments to the Economic Development Committee shall be appointed by the Mayor and approved by the Board of Aldermen subject to the numeric limit and elections provided above; The Alderman representative shall be elected by the Board of Aldermen at the second Board meeting in April or as soon thereafter as practicable; The School and Chamber Representatives shall be

http://www.ecode360.com/28673152?highlight=economic#28673152

http://www.ecode360.com/search/28883982#28883982



Agenda Notes

recommended in consultation with the Mayor by the Board of each respective entity, and approved by the Board of Aldermen at the same meeting the Alderman representative is elected. Each member shall serve until his/her successor is duly appointed and qualified and shall receive no compensation.

2. Vacancies shall be filled in the same manner as regular appointments, and any person so appointed shall serve the remainder of the unexpired term.

3. Any member may be removed upon receipt of a resignation in written form or missing two (2) consecutive meetings. School and Chamber representatives may be removed directly by the entity they represent at any time by that entity.

4. At the first meeting of the Committee following the election of the Alderman representative or following turnover due to term limits, the members shall elect from among their number a President and such other officers as may be necessary to serve for the ensuing year and until the election and qualification of their respective successors.

5. The Committee shall make and adopt such bylaws, rules and regulations for its guidance and for its governance as may be expedient, not inconsistent with the Revised Statutes of the State of Missouri or City ordinance.

C. Duties Of The Committee. Subject to approval of the Board of Aldermen, the

Economic Development Committee shall consider and recommend policies and amendments to an Economic Development Strategic Plan, as well as specific actions to implement such plan, or other related activities.

Section 2. This ordinance shall take effect and be in full force from and after its passage according to law. PASSED THIS 20th DAY OF MAY 2019. __________________________ Damien Boley, Mayor ATTEST: __________________________ Linda Drummond, City Clerk First Reading: 05/07/2019 Second Reading: 05/20/2019


Regular Session

May 20, 2019

TEMPORARY MORATORIUM FOR FENCING IN CENTRAL BUSINESS DISTRICT

City of Smithville Meeting Date: May 20, 2019 Department: Development

Agenda Item: Moratorium on Fence Permits in the B-4 district

Summary:

If approved, the ordinance will place a temporary moratorium on issuing permits for fences in the B-4 district so that the matter can be reviewed by the Planning Commission

Purpose:

With the recent completion of the Streetscape project, Mayor Boley has requested that the Board consider a moratorium on issuing fence permits in the B-4 district for 120 days in order to review the zoning code provisions for fences. If approved, the matter should be referred to the Planning and Zoning Commission to consider the current provisions and recommend revisions as appropriate with the district. Mayor Boley has sponsored this as an Emergency Ordinance to authorize first and second readings in one meeting.

Impact:

Comprehensive Plan: n/a

Economic Development Plan: n/a

Parks Master Plan: n/a

Strategic Plan: n/a

Capital Improvement Plan: n/a

Budget: n/a


N/A

Suggested Action:

A motion to approve Bill No. 2835-19 for First and Second Readings, by title only to enact a moratorium on fence permits in the B-4 district.



BILL NO. 2835-19 ORDINANCE NO. _____________


Agenda Notes

ORDINANCE ADOPTING A MORATORIUM FOR ANY FENCE PERMITS WITHIN PROPERTY ZONED B-4 FOR A LIMITED TIME

WHEREAS, Section 400.170 "B-4" Central Business District Use Regulations of the Ordinances of the City of Smithville governs the zoning of a certain area within the City.

WHEREAS, in addition to Section 400.170 "B-4" Central Business District Use Regulations and other referenced City Ordinances, issues relating to fences for property located in the B-4 District are governed by Section 400.350 Fences.

WHEREAS, to aid in the preservation of peace and good order, the health of the inhabitants of the City, and to benefit trade and commerce, the City has recently expended significant time and money for improvement and modification of some streets, lights and other City infrastructure within the B-4 Central Business District.

WHEREAS, after the recent improvements in the B-4 Central Business District, the City wishes to hold hearings and address the issue of whether the current Ordinances and/or requirements regarding and relating to private fences within the B-4" Central Business District should be modified and/or amended.

WHEREAS, to allow the City time to examine this issue, the City wishes to impose a Moratorium on any new Fence Permits with the B-4 Central Business District for a period of 120 days. The intent of this moratorium is to ensure the preservation and enhancement of the community's public health, safety and welfare as well as to aid in the preservation of peace and good order and for the health of the inhabitants of the City.

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF SMITHVILLE, MISSOURI AS FOLLOWS: Section 400.350 Fences: The governing body hereby establishes a Temporary Moratorium for One Hundred Twenty Days from the adoption of this ordinance, for any fence permits for any property located within the B-4 Central Business District. No application for a permit for a fence located on property within the B-4 Central Business District shall be accepted, processed and/or considered until the expiration of the Temporary Moratorium period. The intent of this moratorium is to ensure the preservation and enhancement of the community's public health, safety and welfare as well as to aid in the preservation of peace and good order and for the health of the inhabitants of the City.

https://www.ecode360.com/28674544#28674544



https://www.ecode360.com/28674922?highlight=fence,fences,fences%20fence,fencing#28674922

Regular Session

May 20, 2019

PASSED THIS ___ DAY OF _________ 2019. DAMIEN BOLEY, MAYOR ATTEST: CITY CLERK 1st Reading __/__/__ 2nd Reading __/__/__


Agenda Notes

SITE PLAN APPROVAL - WHITE IRON RIDGE EVENT SPACE

City of Smithville Meeting Date: May 20, 2019 Department: Development

Agenda Item: Resolution 697 - 815 West 92 Highway Site Plan White Iron Ridge Event Center

Summary:

Approving Resolution 697 will authorize construction of a new wedding venue at 815 West 92 Highway to be known as White Iron Ridge Event Center.

Purpose:

The applicant purchased, annexed and set the zoning on this property in 2018 for the purpose of constructing a wedding venue. Following much work with engineers, architects and city staff, the applicant submitted a Request for Site Plan Approval. The proposal includes a 9,500 square foot wedding venue to be constructed on 72 acres just south of 92 Highway. The project would involve the construction of approximately 2,000 feet of a 24-foot driveway back to the project site, with the first 200 feet of the driveway to be paved. The remainder of the drive is to be gravel and will follow the old railroad right of way on the west property boundary until it turns east towards the parking lot and event center itself. There will be two smaller parking areas adjacent to the building, as well as a round vehicle drop-off area that will also be paved with ADA compliant access into the building. The main parking area will be gravel.

The building motif will be a barn structure with generally light (white dove) painted cementitious siding materials and natural wood accent pieces to comply with the site plan requirements. All other materials and layout comply with the site plan requirements. The application was heard at the May 14, 2019 Planning and Zoning Commission hearing. The Commission unanimously recommended approval of the site plan.

Impact:

Comprehensive Plan: Complies



Strategic Plan: Complies


Budget: N/A


Annexation and zoning of parcel occurred in 2018

Regular Session

May 20, 2019

Suggested Action:

A motion to approve Resolution 697 to authorize construction of White Iron Ridge Event Center at 815 W. 92 Hwy.




Agenda Notes

RESOLUTION 697

A RESOLUTION APPROVING THE SITE PLAN FOR WHITE IRON RIDGE EVENT CENTER AT 815 WEST 92 HIGHWAY

WHEREAS, the applicant submitted plans and specifications for site plan approval for a wedding venue to be located east of 92 Highway and Commercial, and; WHEREAS, the plans include a 9,500 square foot event center with a barn motif to be located on 72 acres, and; WHEREAS, the Planning and Zoning Commission took up and heard the application at its May 14, 2019 meeting, and; WHEREAS, the Commission voted unanimously to recommend approval of the site plan with the parking lot amendments submitted at the meeting, and the paved areas at the entrance and parking areas nearest the building. NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF SMITHVILLE, MISSOURI, AS FOLLOWS: THAT THE SITE PLAN APPLICATION FOR WHITE IRON RIDGE EVENT CENTER AT 815 WEST 92 HIGHWAY AS APPROVED BY THE PLANNING COMMISSION IS HEREBY APPROVED. PASSED AND ADOPTED by the Board of Aldermen and APPROVED by the Mayor of the City of Smithville, Missouri, the 20th day of May 2019.


Regular Session

May 20, 2019


Agenda Notes

Regular Session

May 20, 2019


Agenda Notes

Regular Session

May 20, 2019

FIREWORKS AGREEMENT

City of Smithville Meeting Date: May 20, 2019 Department: Parks and Recreation

Agenda Item: Resolution 698, Fireworks Display

Summary:

To exercise the City’s option for the July 4, 2019 fireworks display to be performed by Aerial FX, Inc.

Purpose:

Bid #17-07 was awarded to Aerial FX, Inc. on March 21, 2017 for the annual Fourth of July Fireworks Display. Section 4 of the City’s contract with Aerial FX, Inc. contained options which may be executed by the City for up to three additional annual Fourth of July fireworks shows.

City staff recommends that the City exercise its option for the July 4, 2019 fireworks show. The cost of the show will not exceed $12,000, of which Clay County reimburses the City $6,000.

Aerial FX, Inc. has performed the City’s Fourth of July Fireworks Display each of the last four years.

Impact




Strategic Plan: N/A


Budget: The FY2019 budget includes $12,000 for this expenditure, and $6,000 for the reimbursement


N/A

Suggested Action:

Motion to approve Resolution 698.



https://smithvillemissouri.municipalcms.com/files/documents/FireworksDisplay2019agenda11655134051619-022309PMb.pdf


Agenda Notes

RESOLUTION 698

A RESOLUTION EXCERCISING THE CITY’S OPTION TO AWARD THE JULY 4, 2019 FIREWORKS DISPLAY TO AERIAL FX, INC.

WHEREAS, the fiscal year 2018-2019 budget allocated funds for the purchase of a Fireworks Display for the Parks Department; and WHEREAS, Section 4 of the City’s contract with Aerial FX, Inc. included options to extend the contract for up to three additional annual July Fourth fireworks shows. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF SMITHVILLE, MISSOURI: THAT the City’s contract with Aerial FX, Inc., is extended to include the July 4, 2019 fireworks display and the Mayor is hereby authorized to execute the purchase in an amount not to exceed $12,000. PASSED AND ADOPTED by the Board of Aldermen and APPROVED by the Mayor of the City of Smithville, Missouri, the 20th day of May 2019.

______________________________ Damien Boley, Mayor ATTEST: ______________________________ Linda Drummond, City Clerk

Regular Session

May 20, 2019

BID AWARD – IT SUPPORT SERVICES


Agenda Item: Resolution 699 Contract with Dan Bounds for IT Support Services

Summary:

Approving this Resolution will award RFQ No. 19-08 to Dan Bounds to provide information technology support services.

Purpose:

The current contract with Dan Bounds for information technology support services expires this month. Earlier this year, a Request for Qualifications was distributed. The City received three responses. A review committee comprised of Mayor Boley, Alderman Chevalier, City Administrator Cynthia Wagner and Finance Director Dan Toleikis reviewed the submissions and recommended negotiating a new contract with Dan Bounds.

The proposed contract shall be for one year, with four one-year renewal periods, at the option of the City. Mr. Bounds will provide IT support services as outlined in the scope of services included in the agreement.

Impact:

Comprehensive Plan: Complies

Economic Development Plan: Complies

Parks Master Plan: Complies

Strategic Plan: Complies


Budget:

2019 budget includes funds for information support services.


n/a

Suggested Action:

A motion to approve Resolution 699 to award RFQ No. 19-08 and to execute an agreement with Dan Bounds for information technology support services.


Agenda Notes

Attachments: Plans Agreement Staff Report

Ordinance Resolution Minutes Other RFQ

https://smithvillemissouri.municipalcms.com/files/documents/BidAward-ITSupportServicesagenda11655134051619-032946PMc.pdf

Regular Session

May 20, 2019

RESOLUTION 699

A RESOLUTION AWARDING A CONTRACT IN RESPONSE TO RFQ NO. 19-08 IT

SUPPORT SERVICES TO DAN BOUNDS WHEREAS, the City wishes to enter into an agreement with Dan Bounds for information technology support services, and; WHEREAS, Dan Bounds provided the lowest and best evaluated response to provide services, and; WHEREAS, the Scope of Work to be provided by Dan Bounds is outlined in the Agreement, and; WHEREAS, the Board of Aldermen find that it is in the best interest of the citizens of the City of Smithville that the City enter into an agreement with Dan Bounds for information technology support services; NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF SMITHVILLE, MISSOURI, AS FOLLOWS: THAT the Agreement by and between the City of Smithville, Missouri and Dan Bounds is hereby authorized and approved. PASSED AND ADOPTED by the Board of Aldermen and APPROVED by the Mayor of the City of Smithville, Missouri, the 20th day of May 2019.



Agenda Notes

AGREEMENT THIS AGREEMENT entered into this ____ day of ________ 2019, by and between the CITY OF SMITHVILLE, MISSOURI, a Missouri Municipal Corporation ("City") and Dan Bounds, ("Contractor"), as follows: WHEREAS, the City desires to retain the services of the Contractor to provide information technology support services for the City, and WHEREAS, the Contractor desires to perform such services for the City; and, WHEREAS, the City issued a Request for Qualifications and Contractor was the selected provider, and WHEREAS, the Parties desire to enter into an agreement that contains the rights and responsibilities of each party for the services listed herein, and NOW, THEREFORE, it is agreed as follows:

CONTRACT DOCUMENTS: The Contract between the parties shall consist of this Contract, Exhibit A, and B. The Parties further agree that this Construction Contract is a memorialization and a supplement to Exhibits A, and B attached hereto. In the event of a conflict in the interpretation of the contract documents, the parties agree that the terms within the contract documents shall be construed or given binding effect in the following order:

a) This Agreement; and then b) Exhibit A (RFQ 19-08); and then c) Exhibit B (Bidders Response).

Term: The initial term of the contract shall be for the one (1) year effective the date set forth hereinafter. This agreement may be renewed for four (4) additional one-year renewal periods, at the option of the City by giving notice to Contractor at least 10 days prior to the end of any such term. City's Responsibilities: The City shall be responsible to provide the Contractor with certain materials and supplies in accordance with the attached Scope of Services. The City shall pay a contract fee of $130 for each hour of service provided. Contractor's Responsibilities: The Contractor shall be responsible to provide information technology support services in accordance with the attached Scope of Services. Additionally, the contractor agrees

Regular Session

May 20, 2019

to provide a quarterly review of documentation of all hardware and software to ensure business continuity in the event of any event that would require transition of services. General Contractual Terms: 1. The parties agree that this agreement shall constitute the sole agreement

between the parties, subject to the attached Scope of Services. 2. The parties agree that in the event of a dispute, Missouri Law shall govern the

resolution of such dispute, and that Venue for any court resolution is solely held in Clay County Missouri.

3. The parties agree that any amendments to this agreement must be in writing,

and signed by both parties in accordance with Missouri law (including Board of Aldermen approval) before such amendment is valid. If the parties agree to amend the Scope of Services, such amendment may be amended by a written change to such document, signed by both the Contractor and the City after the Board approves of the change as set forth in subparagraph 10 of these General Contractual Terms.

4. Both this agreement, and the Scope of Services are deemed by the parties to be

jointly drafted, and no other presumptions shall be made concerning how the agreement and Scope of Services are to be construed by a Court of Law.

5. BINDING EFFECT: This Contract is binding on the parties hereto, their heirs,

successors and assigns.

6. FORCE MAJEURE: In the event that either party hereto shall be delayed or hindered in or prevented from the performance of any act required hereunder by reason of strikes, lockouts, labor troubles, inability to procure materials, failure of power, restrictive governmental laws or regulations, riots, insurrection, war, or other reason of a like nature not the fault of the party delayed in performing work or doing acts required under the terms of this Agreement, then the time allowed for performance of such act shall be extended by a period equivalent to the period of such delay.

7. AFFIDAVIT OF WORK AUTHORIZATION AND DOCUMENTATION: Pursuant to 285.530 R.S.Mo, the Contractor must affirm its enrollment and participation in a federal work authorization program with respect to the employees proposed to work in connection with the services requested herein by: • submitting a completed, notarized copy of EXHIBIT 1 to this Contract AFFIDAVIT OF WORK AUTHORIZATION and


Agenda Notes

• providing documentation affirming the bidder’s enrollment and participation in a federal work authorization program (see below) with respect to the employees proposed to work in connection with the services requested herein. E-Verify is an example of a federal work authorization program. Acceptable enrollment and participation documentation consists of the following two pages of the E-Verify Memorandum of Understanding (MOU): 1) a valid, completed copy of the first page identifying the bidder and 2) a valid copy of the signature page completed and signed by the bidder, the Social Security Administration, and the Department of Homeland Security – Verification Division.

8. NON-EXCLUSIVE SERVICES AGREEMENT: The parties agree that no terms of the above-attached Agreement and/or Contract shall be deemed to create an exclusive services agreement and/or contract. The City retains the discretionary right to elect to bid or negotiate with other contractors for any project or services.

9. ENTIRE AGREEMENT: This Agreement contains the entire agreement between the parties and neither party shall be bound by any provisions, representations or agreements except as are herein expressly set forth.

10. CONDITION PRECEDENT: This Contract shall be null and void and of no effect unless and until the City has by Ordinance passed by the City Board of Alderpersons, obtained the authority to enter into this Contract.

11. EFFECTIVE DATE: The effective date of the Agreement shall be deemed to be when all of the required signatures have been executed by the City and the Contractor and the Condition Precedent set forth in preceding Paragraph has been meet.

12. Contractor agrees that the City is the sole owner of the hardware, software and data referenced in the scope of services and/or owned/utilized by the City. Contractor will provide the City Administrator and Mayor with all access codes, login information and passwords for all City the hardware, software and data at all times. No access codes, login information and passwords shall be changed by the Contractor at any time without prior approval of the City Administrator or Mayor. Under no circumstances, including but not limited to default by the City, shall Contractor have any right to keep or withhold from the City any or all the hardware, software, data access codes, login information or passwords of the City. Upon termination, the Contractor will return to the City any the hardware, software and data of the City in Contractor’s possession to the City within 1 business day and Contractor shall immediately upon termination cease accessing any of the materials, supplies, hardware, software and data.

Regular Session

May 20, 2019

13. NOTICES Any Notice as set forth herein must be served by facsimile, Federal Express or similar overnight delivery service or by certified mail, return receipt requested, addressed to the party and shall be deemed given as of the deposit in the U. S. Mails or with overnight delivery service. Notice to the City shall be sent to the City Administrator at __________________ Smithville, Mo, Facsimile number ________with a copy to the City Attorney at facsimile number 816 781 9048. Notice to Contractor shall be sent to the Contractor at __________________________, Facsimile number ________. Either party may designate such other person and/or delivery address from time to time by written notice.

14. INDEPENDENT CONTRACTOR: The Contractor warrants and represents to the City that it is fully experienced and properly qualified as an expert to perform the services provided for herein and that it is properly equipped organized and financed to perform such services. The Contractor shall finance its own operations and shall operate as an independent contractor and not as an agent of the City, and shall indemnify and hold the City free and harmless from all liabilities, costs and charges by reason of any act, omission or representation of the Contractor or of its agents, and employees, including costs and attorney's fees.

If required by Missouri law, Contractor shall at all times cause all of its workers, laborers, employees, independent contractors and subcontractors and agents and employees of such persons to be fully covered with Worker's Compensation insurance at the amounts required by law. The Contractor will indemnify and hold the City harmless for any and all damages and liabilities, including attorney's fees and costs for injuries to its employees, agents, servants, and/or subcontractors, for failure to obtain and maintain worker's compensation insurance or failure to provide a safe place to work.

The Contractor will also conduct the services in such a manner as to keep members of the public safe and represents and warrants that it has General Liability insurance in a sum no less than $1,000,000.00. The Contractor will provide the City with a Certificate of Insurance evidencing the same and naming the City as "additional named insured" and will indemnify and save the City harmless from any and all liability and costs, including attorney's fees claimed by any person who claims an injury as a result of the work. All insurance coverage must be written by companies that have an A.M. Best's rating of "A-VII" or better or as specifically approved by the City, and are licensed or approved by the State of Missouri to do business in Missouri.

Regardless of any approval by the City, it is the responsibility of the Contractor to maintain the required insurance coverage in force at all times; its failure to do so will not relieve it of any agreement, obligation or responsibility. In the event of the Contractor's failure to maintain the required insurance in effect, the City may order the Contractor to immediately terminate its work until the breach has been cured or terminate this Contract.

15. ASSIGNMENT: The Contractor shall not assign this Contract or any amount payable hereunder without the prior written consent of the City.


Agenda Notes

16. CONFLICTS OF INTEREST: The Contractor warrants and represents that neither the Contractor nor its officers, directors, members, agents, employees or subcontractors are related within the second degree of affinity or consanguinity with any elected officials or employees of the City.

17. EXTRAS: No claim for payment (in excess of the amount set forth in this Contract) for extra services or materials of any kind shall be made by the Contractor or shall be paid by the City unless the same is performed or furnished pursuant to a written agreement executed by the City and the Contractor.

18. COMPLIANCE WITH LAW: This Contract is entered into subject to the federal, state, and local laws, charters, ordinances and regulations. Contractor shall secure all occupational and professional licenses and permits from public and private sources necessary for the performance of the services contemplated by this Contract.

19. NOT A JOINT VENTURE: Nothing contained in this Contract shall be

deemed to constitute the City and the Contractor as partners in a partnership or joint venture for any purpose whatsoever.

20. ENTIRE CONTRACT/AGREEMENT: This Contract constitutes the entire agreement between the parties. Terms not specifically set out herein and no verbal agreement or conversation with any officer, official, agent or employee of the City, either before or after the execution of the Contract/Agreement, shall affect, modify or add to the terms or obligations contained in this Agreement. Any such purported term, verbal agreement or conversation shall in no way be binding upon the City or the Contractor.

21. RECORDS: The Contractor shall maintain all records for inspection by City representatives during the Contract period and for three (3) years after the date of termination of the Contract. The Contractor agrees that the City Auditor or any of his duly authorized representatives shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine any and all pertinent books, documents, papers and records of the Contractor involving the transactions related to this Contract.

22. WAIVER: The waiver by either party of any term, covenant, or condition hereof shall not operate as a waiver of any subsequent breach of the same or any other term. No term, covenant, or condition of this Contract can be waived except by the written consent of the City, and forbearance or indulgence by the City in any regard whatsoever shall not constitute a waiver of any term, covenant, or condition to be performed by Contractor to which the same may apply and, until complete performance by the Contractor of said term, covenant or condition, the City shall be entitled to invoke any remedy available to it under this Contract or by law despite any such forbearance or indulgence.

23. SEVERABILITY: All of the provisions of this Contract shall be severable. In the event that any provision of this Contract is found by a court of competent jurisdiction to be unconstitutional or unlawful, the remaining provisions of this Contract shall be valid unless the court finds the valid provisions of this

Regular Session

May 20, 2019

Contract are so essentially and inseparably connected with and so dependent upon the invalid provisions that it cannot be presumed that the parties to this Contract could have included the valid provisions without invalid provisions; or unless the court finds that the valid provisions, standing alone, are incapable of being performed in accordance with the intentions of the parties.

24. CONFIDENTIALITY; All reports, documents and material developed or acquired

by the contractor, as a direct requirement specified in the contract, shall become the property of the City. The contractor shall agree and understand that all discussions with the contractor and all information gained by the contractor as a result of the contractor’s performance under the contract shall be confidential and that no reports, documentation, or material prepared as required by the contract shall be released to the public without the prior written consent of the City. Contractor acknowledges that it is aware of the fact that the City is subject to Missouri's Sunshine laws §610.010 et seq.

25. UNEMPLOYMENT INSURANCE AND TAXES: The Contractor shall pay, at the Contractor's own cost, all relevant taxes in connection with the work or materials to be performed, including but not limited to State and Federal, Unemployment and old age benefit taxes, sales and use taxes, income tax, withholding tax or other work or payroll related taxes. No payments to the Contractor will be approved unless the Contractor is current with tax payments to the City or unless satisfactory arrangements have been made for payment with the City.

26. SURVIVAL OF WARRANTIES: All warranties and representations of the Contractor hereunder shall survive final payment and acceptance of the work.

Termination of Contract: 1. The Contractor may terminate this contract with 30 days notice to City, but only in

the event that the City has defaulted in the payment of sums due under this contract for a period of thirty days or more, but only after notice is given to the City of the default and the City is given the opportunity to cure the default within 10 days.

2. The City may terminate this contract with two-weeks' notice to the Contractor for

failure to comply with the contract and scope of services requirements. The City shall afford the Contractor the opportunity correct deficiencies by providing notice indicating the specifications that are not being met and the opportunity to correct such deficiencies within one week. If the City has provided the one-week opportunity to correct, and the Contractor fails to do so, or if the Contractor has previously been provided notice on any other matter which requires correction and again fails to meet the specifications, the City may then terminate this agreement.


Agenda Notes

IN WITNESS WHEREOF, the parties have entered this Agreement the day and year first above written. CITY OF SMITHVILLE, MISSOURI CONTRACTOR ________________________________ ____________________________ Damien Boley, Mayor Dan Bounds ATTEST: ________________________________ Linda Drummond, City Clerk

Regular Session

May 20, 2019

SCOPE OF SERVICES

The City of Smithville and Contractor agree that the following is a list of the services required to be provided. The Contractor is responsible to complete each service in accordance with any written policies or procedures. In determining what constitutes compliance with any of the General Duties, past practice/standards shall be met. The Contractor understands that they are a contractor, and not an employee of the City of Smithville. The Contractor shall provide the following services:

1. Organize help desk service calls efficiently and to ensure that there is no significant computer downtime during normal working hours, generally from 8:00 a.m. to 5:00 p.m., Monday through Friday, and support services to the Police Department on a constant 24/7 status. Professional help desk support services for the City on the City’s hardware, software and data, including, but are not limited to:

a. Respond to telephone, in-person, and e-mail support requests from end-users and management

b. Maintain user accounts in Active Directory (password resets, lockouts, group membership);

c. Set up new employee network and e-mail accounts in Active Directory; d. Assist users with e-mail system problems; e. Administer, maintain, and troubleshoot city print services and print

devices; f. Troubleshoot, maintain, and repair the City’s existing and replacement PC

workstations and related hardware; g. Set up, configure, and deploy new or rebuilt workstations; h. Install and configure software on PCs in compliance with established

licensing agreements; i. Provide users with technical assistance regarding standard functionality of

software applications; j. Maintain daily/weekly/monthly backup media rotation schedule on City’s

local server; k. Assist users in retrieving and/or restoring deleted or misplaced files; and l. Relocate selected back up media to offsite location as required.

2. Professional general services shall include, but are not limited to:

a. Provide expertise in emerging technologies and direct the City’s selection and use of comprehensive technologies;

b. Responsible for maintaining mission critical systems, privacy, backup, and disaster recovery systems;


Agenda Notes

c. Perform data systems, telecommunications, and enterprise technology needs assessments as applicable to the City;

d. Development and management of policies and procedures for technology management; and

e. Provide maintenance and support of City applications and administration of City network.

3. Professional systems administration services shall include, but are not limited to:

a. Inspection and monitoring of systems logs for security, system, and application errors;

b. Monitor disk space usage and allocation throughout server network; c. Data backup system configuration, maintenance, scheduling, and backup

verification; d. Power systems maintenance and monitoring that support the network

infrastructure and server systems; e. Install and configure software on network servers in compliance with

established licensing agreements; f. Routine updates on client-server software applications; g. Monitor and maintain Local Area Network (LAN) infrastructure including

firewall, routers, switches, wireless routers and cabling; and h. Monitor and maintain the City’s telephone system.

Regular Session

May 20, 2019

CHANGE ORDER NO. 3 FOR STREETSCAPE


Agenda Item: Resolution 700, Authorization of a change order for Downtown Streetscape

Summary:

To authorize a change order for the Downtown Streetscape project.

Purpose:

In July, the Board approved Resolution 616, awarding Bid 18-09 for Downtown Streetscape to Mega Industries Corporation. The total bid amount was $2,216,618.15. As has been discussed in previous meetings, there were adjustments and final quantity changes that would need to be incorporated into the contract. Some of these changes were related to extensions of the work area based upon unknown underground conditions, which caused quantity overruns. These changes were necessary to transition from old to new areas and to make each point ADA compliant. A significant portion related to an additional pavement base area that was unacceptable for paving. This portion alone represents $30,000 in additional paving.

This change order represents the final closeout of the contract. It includes certain additions and deletions from the contract pay items and totals $30,934.50 in additional costs. If approved, the total contract price will become $2,356,375.65

Impact:

Comprehensive Plan: Significant Impact

Economic Development Plan: Significant Impact


Strategic Plan: Significant Impact

Capital Improvement Plan: Significant Impact

Budget: G/O Bond Issuance


Resolution 616 awarding Bid 18-09 to Mega Industries Corporation was approved by the Board on July 17, 2018, and Resolution 643 was the first change order on October 22, 2018. A second change order was administratively approved as it did not change contract costs but allowed additional contract days for completion based on weather-related delays.


Agenda Notes

Suggested Action:

Motion to approve Resolution 700.


Ordinance Resolution Minutes Other: Change Order #3

Regular Session

May 20, 2019

RESOLUTION 700

A RESOLUTION AUTHORIZING A CHANGE ORDER FOR INCREASED MILLING AND PAVEMENT AS WELL AS FINAL QUANTITY CLOSEOUTS TO CONTRACT WITH MEGA INDUSTRIES CORPORATION FOR THE DOWNTOWN STREETSCAPE PROJECT. WHEREAS, the Board of Aldermen approved Bid No. 18-09 to Mega Industries Corporation in the amount of $2,21,618.15 for the Downtown Streetscape Project on July 17, 2018 as well as Change Order 1 on October 22, 2018; and WHEREAS, due to unacceptable pavement base areas in several areas throughout the project, additional mill and pavement work were necessary along Main Street and at the intersection of Main and Mill St.; and WHEREAS, all of the quantities items in the contract have been measured, and deletions and additions to the pay quantities have been adjusted to account for the actual work completed. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF SMITHVILLE, MISSOURI: THAT a change order is hereby authorized to the contract with Mega Industries Corporation for the Downtown Streetscape Project in an amount not to exceed $30,934.50. PASSED AND ADOPTED by the Board of Aldermen and APPROVED by the Mayor of the City of Smithville, Missouri, the 20nd of May, 2019.

______________________________ Damien Boley, Mayor ATTEST: ______________________________ Linda Drummond, City Clerk


Agenda Notes

Regular Session

May 20, 2019


Agenda Notes

APPOINTMENT


Agenda Item: Appointments

Summary:

Appointments to committees and boards are needed regularly. The Mayor will make nominations and the Board will vote. Parks and Recreation Committee – Dani Wilson

Purpose:

The Mayor will make nominations for the Parks and Recreation Committee.

Impact



Parks Master Plan: None



Budget: None


Suggested Action:

A vote will be needed for each nomination



Regular Session

May 20, 2019

DOG PARK DISCUSSION


Agenda Item: Agenda Item Number 18 – Draft Cooperative Agreement with Clay County for Dog Park

Summary:

A revised draft of a cooperative agreement with Clay County is provided for Board review and comment.

Purpose:

At the April 16 Board of Aldermen meeting, the Board reviewed a draft Cooperative Agreement with Clay County regarding development of a dog park on Army Corps of Engineers land adjacent to the City of Smithville. The Board provided feedback regarding the draft and that feedback was shared with Clay County staff. The item was on the Clay County Commission agenda for discussion at their May 6 meeting. At that meeting, Smithville resident Dani Wilson spoke in favor of a dog park and a cooperative agreement between the City of Smithville and Clay County to implement such an amenity. Cynthia Wagner was also present and provided the City’s comments on the agreement and expressed the City’s desire to move forward swiftly on this amenity. The draft agreement was reviewed by the County Commission in executive session and a revised draft was provided to City staff for review. Staff has reviewed the draft and is supportive of the current draft in order to move forward with development of the park. If the Board so directs, staff will contact Clay County staff indicating the City’s agreement with the draft and desire to proceed with formal adoption of an Agreement and initiation of Corps of Engineers review of the project in order to begin the improvements as soon as possible. Staff seeks Board direction regarding the draft agreement in order to provide a response to Clay County.

Impact



Parks Master Plan: Provision of an additional park adjacent to the community



Agenda Notes


Budget:

While not budgeted, costs of waterline installation and monthly water utilization would be borne by the Utility Budget.


Suggested Action:

Board discussion and direction to staff.


Ordinance Resolution Minutes Other: Draft Cooperative Agreement

Regular Session

May 20, 2019

This Cooperative Agreement is made and entered into this 16th day of April 2019, between the

County of Clay, Missouri and the City of Smithville, Missouri.

WHEREAS, the County of Clay leases a total of 2 acres more or less of property located at the

Northeast corner of F Highway Old Jefferson Highway and Litton Way, which is located in

unincorporated Clay County, adjacent to the City of Smithville, Missouri city limits; and

WHEREAS, the County of Clay and the City of Smithville, Missouri consider it important to

develop partnerships to maximize resources to provide sustainable park, recreation opportunities,

including dog park amenities; and

WHEREAS, the County of Clay and the City of Smithville consider it appropriate to

memorialize certain understandings to better assure that facilities and programs developed will

continue to be a sustainable and valuable resources to the community;

WHEREAS, the County of Clay and the City of Smithville consider it appropriate to

memorialize the City of Smithville will provide limited water utilities and Clay County will

provide infrastructure, security and ongoing maintenance.

NOW, THEREFORE, in consideration of the premises and of the agreements set forth

hereinafter, the County of Clay and the City of Smithville, Missouri agree as follows:

1. Commitment of Resources

a. The City of Smithville, Missouri agrees to provide a 1-inch water line, to be

placed adjacent to the CXT bathroom at site. The City will be responsible for

maintenance and repairs to the water line, up to the water meter, which is to be

placed adjacent to the CXT bathroom at site. The City would provide all

trenching, boring and other such construction that is necessary to provide the

line and a meter at no charge, no monthly charges for water meter to the County

will be assessed, in addition to utilization of up to 10,000 gallons per month at no

charge to Clay County. The City agrees to bill the County at the lowest rate

charged to any City customer in perpetuity. Both the County and the City agree

that the dog park is a free amenity to the users of the future park and should not

be used for profit by either party. Therefore, the City agrees to provide, at no

charge, up to 10,000 gallons of water monthly and any amount over this

threshold will be charged to the County at the lowest rate available to any user.

The City agrees that there will be no other cost to Clay County for water used for

patrons of the site.

2. General

a. The validity, legality and matters relating to the interpretation of this

Cooperative Agreement shall be governed by the laws of the State of Missouri.

b. This Cooperative Agreement shall remain in effect until amended or terminated

by written agreement of the parties. Either party may, at any time upon ten (10)


Agenda Notes

days’ written notice to the other party specifying the effective date of

termination, terminate this Agreement, in whole or in part.

c. It is understood that both the County and the City are governmental bodies and

maintain appropriate insurance coverage. Each party further agrees that the

other party shall not be liable for damages arising solely from injuries or

damages sustained by any person or persons resulting from its own negligent

performance or omission under this agreement.

d. Nothing in this Agreement shall be construed as a waiver of any governmental

immunity including sovereign immunity or official immunity available to the

parties or their agents. The parties hereby expressly reserve all immunities

available under Missouri law.

IN WITNESS WHEREOF, the parties herein have executed this Cooperative Agreement as of

the date first written above.

COUNTY OF CLAY, MISSOURI Authorized Agent

COUNTY OF CLAY, MISSOURI Legal Counsel

COUNTY OF CLAY, MISSOURI Clerk

CITY OF SMITHVILLE, MISSOURI signature line and attest

SMITHVILLE, MISSOURI · Alderman Jeff Bloemker, Ward III Figure 1 Swearing in of Alderman Bloemker...

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