January/February 2017 MML Review

REVIEW

A U N I T E D VO I C E FO R M I SS O U R I M U N I C I PA L L E AG U E CO M M U N I T I E S

THE MISSOURI MUNICIPAL

January/February 2017

Building A Brand:

Outdoor Sport and Recreation In Wildwood

Innovative Egg Cartons In Rolla • Lee's Summit Investment • MML Legislative Conference

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The Missouri Securities Investment Program (MOSIP) is a comprehensive cash management program for school districts, counties, municipalities, and other political subdivisions. MOSIP was created in 1991 by the Missouri School Boards Association.

MOSIP offers its investors a professionally managed portfolio with competitive money market rates. MOSIP stresses maintaining safety, liquidity and yield as the primary investment objectives.

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William T. Sullivan, Jr. 631.806.9470 cell sullivanw@pfm.com

Maria Lawlor 314.815.5481 direct lawlorm@pfm.com

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Mary Dix 314.815.5483 direct dixm@pfm.com

Client Services Group (CSG) • 1-877-696-6747, Option 3

Amber Cannegieter Key Account Manager cannegietera@pfm.com

Joshua Groff Client Consultant grofj@pfm.com

Scott Bilheimer Client Consultant bilheimers@pfm.com

Melissa Rodgers Client Service Representative rodgersm@pfm.com

77 West Port Plaza Drive • Suite 220 • St. Louis, MO 63146 • 1.800.891.7910 • www.mosip.org This information is for institutional investor use only, not for further distribution to retail investors, and does not represent an offer to sell or a solicitation of an offer to buy or sell any fund or other security. Investors should consider the investment objectives, risks, charges and expenses before investing in any of the Missouri Securities Investment Program’s portfolios. This and other information about the Program’s portfolios is available in the Program’s current Information Statement, which should be read carefully before investing. A copy of the Information Statement may be obtained by calling 1-877-MY-MOSIP or is available on the Program’s website at www.mosip.org. While the MOSIP Liquid Series seeks to maintain a stable net asset value of $1.00 per share and the MOSIP Term portfolio seeks to achieve a net asset value of $1.00 per share at the stated maturity, it is possible to lose money investing in the Program. An investment in the Program is not insured or guaranteed by the Federal Deposit Insurance Corporation or any other government agency. Shares of the Program’s portfolios are distributed by PFM Fund Distributors, Inc., member Financial Industry Regulatory theReview January/February 2017 Protection Corporation (SIPC) (www.sipc.org). PFM Fund Distributors, Inc. is a wholly owned subsidiary of PFM Asset Management LLC. Authority2(FINRA) (www.finra.org) and Securities Investor

REVIEW

THE MISSOURI MUNICIPAL

January/February 2017; Volume 82, No. 1

CONTENTS Cover Review 6 Building A Brand: Outdoor Sport And Recreation In Wildwood

by Julian M.D. Jacquin

6

With four major parks, more than 50 miles of hiking, biking and equestrian trails, as well as the region's only ski resort, the city of Wildwood is quickly becoming the elite destination for active recreational opportunities.

Features 9 Lee's Summit Celebrates Record-Breaking 2016 Investment

by Krista Klaus

13 Hartmann U.S. Brings

Innovation To Egg Cartons In Rolla

by John Butz and Cyndra Lorey

15 47th Annual MML

Legislative Conference

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18 New NLC Task Force To Focus On Expanding Economic Opportunity

by Courtney Coffin and Heidi Goldberg

22 Economic Development

Projects Around Missouri

Departments 4 President's Review

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MISSOURI MUNICIPAL LEAGUE BOARD OF DIRECTORS President: Mayor Kathy Rose, Riverside; Vice President: Mayor Matthew G. Robinson, Hazelwood; Immediate Past President: Mayor Randall Rhoads, Lee's Summit; Eric Berlin, City Administrator, North Kansas City; Sally Faith, Mayor, St. Charles; Bill Falkner, Mayor, St. Joseph; Stephen Galliher, Mayor, Sedalia; DJ Gehrt, City Administrator, Platte City; Tim Grenke, Mayor, Centralia; Debra Hickey, Mayor, Battlefield; *Bill Kolas, Mayor, Higginsville; Donald Krank, Council Member, Black Jack; Chris Lievsay, Council Member, Blue Springs; Paul Martin, Attorney, Olivette; *Norman McCourt, Mayor, Black Jack; Marcella McCoy, Finance Director, Harrisonville; Susan McVey, Councilmember, Poplar Bluff; *Carson Ross, Mayor, Blue Springs; Robert Stephens, Mayor, Springfield; Scott Wagner, Council Member, Kansas City; Eileen Weir, Mayor, Independence; *Gerry Welch, Mayor, Webster Groves; Nici Wilson, City Administrator, Odess *Past President AFFILIATE GROUPS Missouri City Management Association; City Clerks and Finance Officers Association; Government Finance Officers Association of Missouri; Missouri Municipal Attorneys Association; Missouri Park and Recreation Association; Missouri Chapter of the National Association of Telecommunications Officers and Advisors; Missouri Chapter of the American Public Works Association; Missouri Association of Fire Chiefs EDITORIAL Laura Holloway / Editor Lholloway@mocities.com Dan Ross, Richard Sheets, Lori Noe / Contributing Editors The Review January/February 2017; Volume 82, No. 1 The Missouri Municipal Review (ISSN 0026-6647) is the official publication of the Missouri Municipal League state association of cities, towns and villages, and other municipal corporations of Missouri.

Publication office is maintained at 1727 Southridge Drive, Jefferson City, MO 65109.

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Subscriptions: $30 per year. Single copies: $5 prepaid. Advertising rates on request.

Published bi-monthly. Periodicals postage paid at Jefferson City, Missouri.

28 Professional Directory

Postmaster: Send form 3579 to 1727 Southridge Drive, Jefferson City, MO 65109.

29 MML Directory Updates 30 MML Calendar And Member News

To contact the League Office call 573-635-9134, fax 573-635-9009 or email the League at info@mocities.com.

Website: www.mocities.com. www.mocities.com

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PRESIDENT'S Review

Kathy Rose I Mayor, City of Riverside; President, MML Board of Directors

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I don’t have to tell you that local control and traditional municipal revenue streams are under attack by well-funded interests from within and outside of Missouri.

It takes resources and your help to combat them.

"

Your Missouri Municipal League spends a great deal of time and resources advocating for municipal priorities and needs. In the last 10 years, MML’s advocacy fund has been accessed more than 80 times to pay for amicus briefs; legal analysis; attorney fees; case filing costs; expert services; and witnesses to support or oppose issues.

League dues can only partially support the intervention needed in state and federal court cases. I don’t have to tell you that local control and traditional municipal revenue streams are under attack by well-funded interests from within and outside of Missouri.

It takes resources and your help to combat them.

One of the most recent uses of the MML advocacy fund was a class action suit settlement with TracFone. The League provided support for the suit and settlement.

In October, more than 350 cities received notification that they would benefit from this settlement and MML actions on their behalf.

In addition, MML successfully blocked passage of two telecom industry House bills, each of which would have derailed the class action suit that resulted in the pending refund payment.

Included in the settlement information was the opportunity to assign 5 percent of the settlement proceeds to the League. I urge you to consider this, to help cover the cost of the League’s lobbying and advocacy efforts.

As your MML President, I am asking you for two things to help us combat those that would diminish local control and municipal revenues.

First, be willing to call and speak with your legislator about harmful legislation when MML alerts you.

Second, when your city receives a refund from settlements, assign at least 5 percent to the Missouri Municipal League so that their team can continue to fight for cities in the legislature and in the courts. Regarding the Tracfone settlement, do not be concerned if you missed the Jan. 20 cutoff to notify the law firm of the allocation. You can now simply wait to receive your full settlement check, then ask your city council to vote for an allocation of the funds you received to go to the MML advocacy fund.

I certainly appreciate those allocations, as they are the only source to replenish the MML advocacy and litigation funds that help protect Missouri communities. I want to express my sincere appreciation to the cities that have already supported the League and have allocated 5 percent or more from the TracFone settlement.

Please don’t hesitate to contact MML with any questions. MML Executive Director Dan Ross can be reached at (573) 635-9134 or Dross@mocities.com.

Thank you for the great work your community provides each day! I look forward to what 2017 can bring for Missouri cities and the citizens we serve.

Did you Know?

MML is now offering monthly webinars! You may register to attend the live session and participate with comments and questions, or access the webinar on demand as your schedule permits.

All courses will satisfy the credits needed for the Municipal Governance Institute (MGI) certification.

Registration cost is $10. Learn more at www.mocities.com!

Upcoming MML Webinars: February 8: Budgets; Chris Fabian, Center for Priority Based Budgeting March 15: Public Works Contracting; Susan McGreevy, Stinson Leonard Street LLP

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DIRECTOR'S Review

by Dan Ross, MML Executive Director

"

Municipalities are strongest when they speak with a unified voice. It is incumbent on us all to communicate to legislators the importance of keeping decisions on local matters at the local level.

MML is excited to share some new offerings in 2017.

The first involves this publication. The MML Review is the League’s premier publication, covering top issues for your local government success for more than 80 years. In our 2014 member survey, more than 70 percent of respondents reported reading all or nearly all of our six issues each year.

We are happy to unveil the new and updated look to the magazine. In this issue, you’ll see that the table of contents has been updated to better share what’s waiting for you in each issue. In addition, the cover, section headings, member news, fonts and more have been updated. While the quality and strength of the content remains the same, we hope you enjoy this new look.

Even more exciting, the League is now offering monthly webinars for members that will not only keep you up to date on the most pressing topics in local government, but will apply toward your certification in the Municipal Governance Institute. Since 2013, MML has offered officials the opportunity to become a Certified Municipal Official through this program, and already hundreds of leaders across the state are taking advantage of the program. If you have not yet begun this journey, learn more and register at www.mocities.com.

These webinars will serve elected and appointed officials, as well as city staff. View them live or on demand at a later date. Watch them in your office or at home in your fuzzy slippers. We won’t judge. Either way, be sure to let us know your feedback so we can keep the content strong.

Finally, as the legislative session has commenced, be watching for legislative alerts asking you to contact your legislator’s office in support or opposition to proposed legislation impacting Missouri cities. Municipalities are strongest when they speak with a unified voice. It is incumbent on us all to communicate to legislators the importance of keeping decisions on local matters at the local level.

The League has a few more updates in the works, so stay tuned. Our top priority is serving you with strong advocacy, training and knowledge. We will continue to find the best ways to equip you to serve and strengthen your community. Thank you for your support and contact us any time we can assist you.

"

@mocities www.facebook.com/mocities www.linkedin.com/company/mocities www.mocities.com (573) 635-9134

www.mocities.com

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FEATURE Review

by Julian M.D. Jacquin

Building A Brand: Outdoor Sport And Recreation In Wildwood

Hidden Valley Ski Resort

With four major parks, more than 50 miles of hiking, biking and equestrian trails, and the region’s only ski resort, the city of Wildwood is quickly becoming the elite destination for active recreational opportunities. At 68 square miles and nearly 36,000 residents, Wildwood is the third largest city in the state of Missouri and covers much of west St. Louis County. Known for its parks and trails, the City is on the verge of becoming a premiere location for locally-owned businesses in a forward-thinking, walkable environment with a healthy, active vibe.

Early Development Prior to 1995, the city of Wildwood was comprised of a large portion of unincorporated St. Louis County, including 11 smaller historic communities from the 1800s and early 1900s. As suburban growth occurred in St. Louis in the 1960s and 1970s, interest grew for new residential subdivisions in the area now known as Wildwood. At the time, county regulations allowed for large sites of residential development without any conservation or recognition of the natural environment and impact to neighboring residents. Plans had been identified for a new north/south “Outer-Belt” that would split the region in half, and bring high-speed traffic through the heart of the community. In September 1995, residents in the area approved the incorporation of the city of Wildwood in order to preserve a voice, and take control

6 theReview January/February 2017

of Wildwood’s future growth and decisions. This allowed the residents to preserve the natural environment; establish its own identity; and essentially plan its own community.

Within the first year, the city of Wildwood adopted a master plan identifying distinct portions of the City designated for certain uses, and established regulations for development and environmental protections, including a more detailed analysis of the impact on the natural environment. Standards adopted by the City have resulted in high-quality, new residential developments that have more than doubled the number of residents in the area. More recently, the master plan has placed more emphasis on economic development and trying to increase employment opportunities for the City’s residents, many of whom still commute to St. Louis

for work. The City has begun taking a proactive approach to promote more retail and office development to complement the residents and bring more employers to Wildwood.

With nearly 36,000 people across 68 square miles, the City prefers to be recognized as a “small town,” featuring local amenities, small businesses, and a close-knit community feel. It is with that mindset that the City maintains a small team of 20 full-time employees at City Hall. Focusing largely on planning, parks, public works, and administration, an economic development program and a proactive role in the business community was a top priority. In order to properly do so, the City hired Julian M.D. Jacquin as its first economic development manager. Establishing a position dedicated to economic development allows the City to commit the resources necessary to retain and expand local business; identify new employment opportunities; and recruit new retail and office users to the community. Jacquin’s top priorities consist of establishing the City’s economic development program; marketing the City as a destination for the business community; and creating a fresh identity to guide the City’s future.

By incorporating as a municipality, the City is able to preserve its natural environment and ensure that future development is completed carefully and properly. To do so, the City confines all commercial development activity to its “Town Center,” a master-planned convenience vision focused around the intersection of Routes 100 and 109 in the heart of the community. Most of the City’s economic development efforts are directed towards the Town Center.

Targeting economic development efforts allows the City to attract all retail users to its downtown area, while preserving the remainder of the community for its large regional parks, trails, schools and residential areas.

Wildwood Town Center

equestrian trails are provided jointly by the city of Wildwood, St. Louis County and Great Rivers Greenway. Great Rivers Greenway is a regional parks and trails district in the St. Louis metropolitan area that creates an interconnected network of trails and green spaces throughout St. Louis. The Western Greenway and Meramec Greenway connect each of the City’s major parks, and represent more than 50 miles of hiking and biking trails. The trails connect most of the City’s residential areas to public institutions and shopping opportunities in the Town Center.

Tucked away in the rolling hills off of Highway 109 (abutting Greensfelder County Park) is the region’s only ski resort, known as Hidden Valley Ski Resort. Hidden Valley Ski Resort offers 15 ski and snowboard trails with four chair lifts (including two fixed quad); three surface lifts on two

Outdoor Recreation Unique to Wildwood is its dominating presence of opportunities for outdoor recreation. The City’s four regional parks create an expansive “Green Belt” through the central corridor of the City, each individually connected by a set of paths and trails. The City’s four regional parks include Babler State Park, Greensfelder County Park, Rockwoods Reservation and Rockwoods Range. There are also a number of municipal parks, including Bluff View Park, Anniversary Park, Glencoe City Park and the Wildwood Community Park. The Community Park represents a 66-acre, six-phase investment of approximately $12 million, including open play space, playgrounds, water features, a city dog park, six pavilions and reserved meadows.

It is truly one-of-a-kind and unique to the entire St. Louis region. Hiking, biking and

ROAD & BRIDGE

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Far Left: Wildwood City Hall Left: Wildwood Parks and Trails

skiable peaks; and one additional trail for for attracting a multitude of outdoor sport snow tubing. Since opening in 1982, Hidden and recreational businesses. These include Valley Ski Resort is the only ski resort within active recreational retailers, physical fitness The combination five hours of St. Louis and brings in visitors gyms, sports medicine clinics and outdoor of parks, trails, ski resort from all over the region. sport complexes. and special events As an added service to the community, The combination of parks, trails, ski the City offers or participates in a number resort and special events create a mountaincreate a mountain-style of active recreational events throughout style feel to the community, and much of feel to the community, each calendar year. These events include the the new development in the City reflects Frozen Feet Half-Marathon Trail Run (rated this. New homes are built with the look and much of the new the second best trail run in the region); and feel of lodges and cabins you would development in the City Ozark Foothills 50K/25K; Historic Route 66 find in Colorado, and new commercial 5K; Green Rock Trail Challenge; Arbor Day/ development is pedestrian-friendly and reflects this.

Tree Hugger 5K Run; Tour De Wildwood; aesthetically-pleasing. In total, there are and Rockin’ Rockwoods 53K/20K. The City more than eight new residential subdivisions also hosts annual festivals and celebrations and 500 new single-family homes under in the Town Center, including Celebrate construction in the Town Center over the Wildwood, Farmers’ Markets, Founders Day/Art Festival, next five years. The characteristics of the community make and the Wildwood BBQ Bash. the City a unique residential destination and development opportunity. The City’s identified goals and objectives have This expansive network of parks and trails, the region’s allowed Wildwood to pursue a wide variety of new outdoor only ski resort and the City’s added events all set the stage sport and recreational businesses.

Wildwood is actively exploring new options and working to attract a regional cycling complex to the City, as well as  expanding its outdoor offerings to include more high-level opportunities such as mountain biking, rock climbing and zip  lining. The combination of these assets  make the city of Wildwood a unique and  enriching community in St. Louis – a true •  destination throughout the Midwest.

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 theReview January/February 2017 

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Julian M.D. Jacquin is the economic development manager for the city of Wildwood, Missouri. Follow the City of Wildwood at www. cityofwildwood.com. Contact Julian at (636) 458-0440 or julian@cityofwildwood.com for more information regarding development opportunities.

FEATURE Review

by Krista Klaus

Lee’s Summit Celebrates Record-Breaking 2016 Investment

JCI Industries

Lee’s Summit celebrated a new highwater mark for economic growth in 2016, with more than $1 billion invested over a two-year period. The public and private spending encompassed new and expanded buildings, infrastructure and residential construction permits.

The high quality of Lee’s Summit schools, restaurants and housing, along with a focused community branding and advertising campaign, is helping draw national and regional investor attention to the community of approximately 95,000 residents that anchors Kansas City’s eastern suburbs.

“I’ve been in economic development for 25 years, and I’ve never seen as much activity and opportunity in a single community,” said Rick McDowell, president and CEO of the Lee’s Summit Economic Development Council (EDC).

“As successful as the past two years have been, we are expecting an equally prolific 2017.”

If all currently proposed projects are approved, the City is poised to again reach $1 billion in investments that are primarily clustered around three general industries: tourism/lifestyle; industrial/ mixed-use; and technology.

“West Side Story” Kicks Into High Gear The next wave includes a half-billion dollars on the City’s west side alone, including: $215 million for phase one of the sprawling Paragon Star regional soccer complex and retail village; the $225 million Village at View High mixed-use project; and the $50 million New Longview commercial district that includes a new B&B Theatre.

With Cerner Corporations' new world headquarters campus taking shape 7 miles away in south Kansas City, Lee’s Summit anticipates the broad array of new residential, retail and restaurant

development will drive population growth and help attract future residents.

“We like to call all the new activity taking place along View High Drive our very own ‘West Side Story’,” Lee’s Summit Mayor Randall Rhoads said. “We expect the west side of Lee’s Summit to be a big draw for future Cerner employees looking for a place to live.”

In planning for new growth and increased vehicular traffic in the View High corridor, a regional transportation development district (TDD) is underway that will provide funding for necessary improvements at the View High and I-470 interchange. The TDD will benefit existing and proposed neighborhoods and developments within the View High corridor.

Such developments include the highly anticipated Paragon Star project being developed in two phases by entrepreneur and businessman Flip Short. Paragon Star broke ground on its first phase in www.mocities.com

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Paragon Star groundbreaking

November 2016. When fully completed, the complex will include: 10 artificial turf soccer fields; a 100,000-square-foot retail village comprised of office, restaurant, retail and entertainment space; a 120room hotel; and 220 apartments.

South Side Commercial Development Flexes Muscle Lee’s Summit approved a landmark development agreement with Westcott Investment Group in 2016, enabling the City to finally compete for critical commercial and industrial projects. ‘The Grove at Lee’s Summit’ calls for more than 1 million square feet of mixed-use

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Missouri Innovation Campus

office, warehouse and light industrial space in south Lee’s Summit on 83 acres at Missouri Route 291 and Missouri Route 50.

Construction on an initial 200,000 square feet of speculative space is expected to begin in the summer of 2017, with completion targeted for 2019. The Lee’s Summit EDC is already seeing strong interest from companies interested in a location at The Grove.

“We expect that building to be snapped up quickly,” said McDowell. “The EDC

gets calls on an almost weekly basis from companies interested in leasing industrial space.”

The Grove helped kick off a string of industrial development activity and interest in the City, according to Assistant City Manager Mark Dunning.

“The Development Center is seeing strong interest from developers planning new warehouse and industrial projects in Lee’s Summit,” said Dunning. “Having available space for expansions will definitely be a game changer for future relocations and expansions.”

The state of Missouri and city of Lee’s Summit have invested a total of $18 million to improve roads and bridges near the development site, including the realignment of the southbound interchange at Missouri Route 291, Missouri Route 50 and the new Bailey Road Bridge.

Ad d it i on a l prov i s i ons of t h e development agreement include financial guarantees for construction and infrastructure timelines, as well as the donation of two acres within the site plan to the City for a new EMS location for a fire station.

The Grove will complement existing manufacturers that announced or completed expansions in 2016. High Tech Solutions LLC, a manufacturer of aerospace machined components and assemblies, is investing more than $14 million over five years in a new building and equipment. The expansion at 1440

SE Broadway Dr. is being incentivized in part through a property tax abatement on the incremental increase in value from the new development processed through the Land Clearance Redevelopment Authority.

In addition, JCI Industries, Inc., a leading supplier of industrial pumps, motors and other equipment, opened a newly expanded production facility in 2016 and announced plans to invest millions in upgraded machiner y, including new forklifts, cranes and lathes.

Tech Investment Powers Thriving “Summit Corridor” New multifamily, hotel, retail and office projects announced in 2016 added momentum to the thriving Summit Technology Corridor near the I-470 and Route 50 interchange.

The tech-heavy area anchored by the Summit Technology Campus booked an estimated $200 million in new investment, including the $85 million Summit Orchards mixed-use project, $50 million Missouri Innovation Campus, $55 million in new retail development, and a $10 million Holiday Inn Express set to open in 2017.

“We are building an exciting, up-andcoming neighborhood in the Summit Technology Corridor that is adding a new dimension and quality of life to Lee’s Summit and to Eastern Jackson County,” said Mayor Rhoads. “The addition of new amenities such as hotels, restaurants and retail stores all help build a more vibrant community.”

The new development activity arrived only months after Cerner announced it would invest more than $500 million within the Summit Technology Campus.

Rick McDowell, President and CEO, Lee's Summit Economic Development Council

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I’ve been in economic development for 25 years, and I’ve never seen as much activity and opportunity in a single community,” said Rick McDowell, president and CEO of the Lee’s Summit Economic Development Council (EDC). “As successful as the past two years have been, we are expecting an equally prolific 2017. ~ Rick McDowell

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Just south of I-470, the corridor straddles Route 50 and is home to retail “Power Centers” Summit Woods and Summit Fair, along with the new Summit Orchards mixed-use project, developed

by Townsend Capital and in conjunction with NorthPoint Development and RED Development. Summit Orchards includes 250,000 square feet of new retail space and the 310-unit Summit Square Residences that broke ground in late 2016. New retail announcements and expansions in the area include Dick’s Sporting Goods, H&M and Sam’s Club.

Steve Rich, vice president of Townsend Capital, applauded the City’s financial support of development in the Summit Tech corridor and said more projects and investment are on the horizon.

“There is strong momentum in that corridor right now with an estimated 5,000 people working nearby,” said Rich.

“We have an additional 80 acres ready to develop, so we see a lot of potential and upside there.”

With an estimated population of 95,000 and a projected population of 100,000 by 2020, Lee’s Summit is one of the fastest-growing communities in Missouri. With the investment and development activity, the City stands ready to take its game to the next level.

Krista Klaus can be reached at kristamartinklaus@gmail.com or on Twitter @kristakcbiz.

The investment, along with the expected 2017 opening of the Missouri Innovation Campus, is helping attract a wide variety of spinoff development and retail activity.

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COVERAGE:

Workers’ Compensation Property General Liability Public Officials Liability Employment Practices Liability Law Enforcement Liability Automobile Boiler & Machinery Airport

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COMPREHENSIVE, TURNKEY, ENERGY SERVICES SOLUTIONS

12 theReview January/February 2017

FEATURE Review

by John Butz and Cyndra Lorey

Hartmann U.S. Brings Innovation To Egg Cartons

One would never think the terms “innovative” and “egg cartons” could go together, but the Danish manufacturing company Bro drene Har tmann (Hartmann U.S.) does just that by blending a dedicated workforce with advanced manufacturing technology.

Hartmann U.S. announced in early 2016 that they were acquiring the former Briggs & Stratton building in the Hy Point Industrial Park after several months of negotiations with Missouri Partnership and the Rolla Regional Economic Commission (RREC).

Brodrene Hartmann began searching for a new facility in the Midwest in 2015 with the assistance of Newmark Grubb Knight Frank, a site selection firm. The path to Missouri came through Missouri Partnership, the State’s primary business recruitment organization that solicited proposals from a number of Missouri communities that had large industrial facilities on the market. Operating costs and a centralized U.S. location were primary factors in the search process.

Working with the Rolla community, the RREC, led by Cyndra Lorey,

executive director, and Mayor Louis J. Magdits IV, was able to assemble an incentive package. This package included property tax abatement on a new building expansion using the Enhanced Enterprise Zone, Chapter 100 bond financing and incentives on all new equipment, phased-in utility incentives, and building permit fee relief. In exchange, Hartmann U.S. would invest $30 million in acquiring and equipping the new operation while creating 50 new jobs in late 2016 with a first quarter 2017 start-up. Incentives and company plans include up to two more lines and expansion to as much as $65 million in private investment, along with 150 jobs in six years.

With the support of the Rolla C om mu n it y, Miss ou r i b e at out five competing Midwest states due to Missouri’s strength in advance manufacturing; central access to major transportation routes; a competitive workforce; and competitive operating cost environment.

“We have been in close dialog with state and regional representatives, and

we are pleased with the constructive approach to meeting our needs and laying a foundation for a long-standing cooperation,” said Ulrik Kolding Hartvig, CEO of Brodrene Hartmann.

“Our current activities in Canada have contributed significantly to Hartmann’s growth and profitability in recent years.

With a new factory in Rolla, Missouri, we want to continue positive development.

By increasing production capacity and presence in North America, we will gain access to a larger share of the market and have a solid foundation for expanding the business.”

Since the early 2016 announcement, the community has welcomed the Hartmann North America team led by Gerry Lavis, president, who has been critical in ramping up the new facility.

The first plant manager was hired in the summer and Mr. Varon Martinez, a recently retired military officer from Ft. Leonard Wood, has been actively putting together a production team. Production is on track to begin in the first quarter of 2017, so look for the innovative moldedfiber egg packages in local stores. The egg cartons will require 6,000 tons of www.mocities.com

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quickly connect with our customers across the country. Here, we have found an excellent regional manufacturing workforce and a competitive business climate overall that factored into the final decision to locate to Rolla.”

In addition to the Hartmann U.S. project, the Hy Point Industrial Park had a second significant project in 2016 with the announcement of a new 140,000-square-foot facility to serve the growing shipping needs of the region with FedEx Ground. According to Lorey, FedEx Ground selected the Rolla location because of its ease of access to major highways; proximity to customers’ distribution centers; and a strong local community workforce.

With the ongoing cooperation between RREC, the city of Rolla and major community organizations and institutions, 2017 looks to be a very exciting year! recycled paper in the first year!

“I appreciate the state of Missouri, the Missouri Partnership and the Rolla Regional Economic Commission for their professionalism during the location strategy and final decision-making

process,” said Gerry Lavis, president of Hartmann North America. “The central location with improved transportation access from the I-44 corridor and intermodal rail connections in St. Louis and Kansas City will allow us to

John D. Butz is the city administrator for the city of Rolla. He can be reached at jbutz@rollacity.org. Cyndra Lorey is the executive director of the Rolla Regional Economic Commission and can be reached at rollaecondev@gmail.com

Is your community prepared for the spring tornado season or other outdoor emergencies?

Do you know the differences between a World War II alert system and a 21st-century alert system?

If not, contact Outdoor Warning Consulting.

14 theReview January/February 2017

47th Annual MML Legislative Conference Capitol Plaza Hotel Jefferson City, Missouri February 14-15, 2017 Tuesday, February 14, 2017 12:00 noon

Registration

1:30 p.m.

Welcome and Opening Remarks

1:40 p.m.

MML Legislative Briefing/Lobbying Efforts, Richard Sheets, MML Deputy Director

2:15 p.m.

Overview of the 2017 Session: Missouri House of Representatives

2:45 p.m.

Minority Perspective, Sen. Gina Walsh, Minority Caucus Chair

3:15 p.m.

Missouri Study Commission on Tax Policy Report: Conrad Lamb (Invited), Sen. Dan Hegeman, Rep. Tracy McCreery and Rep. Marsha Hafner (Invited)

4:00 p.m.

Economic Development Legislation, Sen. Jay Wasson, Chairman of Senate Economic Development Committee

4:30 p.m.

House Local Government Committee Update, Rep. Lyndall Fraker, Chairman of House Local Government Committee

5:00 p.m.

Adjourn

5:30 p.m.

Reception

6:30 p.m.

Dinner on your own with legislators

Wednesday, February 15, 2017 7:30 a.m.

Breakfast

8:00 a.m.

The Honorable Eric Greitens, Governor, State of Missouri (Invited)

Learn more at www.mocities.com or call (573) 635-9134. www.mocities.com

15

A New President.

A New Administration.

A New Congress.

A NEW OPPORTUNITY Advocacy and Education • Hear from policy makers and experts about the current and emerging issues of the first 100 days of the new Congress and Administration.

• Advocate alongside fellow local leaders for the priorities of cities at our Capitol Hill Advocacy Day. • Come early and participate in pre-conference NLC University seminars for more in-depth training opportunities.

r voice u o y e Rais pport of in su ’s cities ca Ameri towns. and

Register now for the Congressional City Conference, the federal advocacy conference of the National League of Cities!

16 theReview January/February 2017

MARCH 11-15, 2017 WASHINGTON, DC Visit ccc.nlc.org for conference details and to register.

Experts in Municipal Bond Financing Carl Ramey | (314) 342-2242 | rameyc@stifel.com Martin Ghafoori | (314) 342-8467 | ghafoorim@stifel.com Brittany Pullen | (314) 342-2936 | pullenb@stifel.com 501 North Broadway | St. Louis, Missouri 63102 Stifel, Nicolaus & Company, Incorporated | Member SIPC & NYSE | www.stifel.com/publicfinance

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LOCAL GOV Review

by Courtney Coffin and Heidi Goldberg

New NLC Task Force To Focus On Expanding Economic Opportunity Launched by National League of Cities (NLC) President Matt Zone, a new task force will pursue a three-pronged strategy over the next year that will include municipal engagement and peer learning; documentation of promising and emerging city approaches; and education and training for city officials.

“Cities are where hope meets the streets," said Mayor Kasim Reed, City of Atlanta, Georgia.

Mayor Reed’s insightful words in his opening reflections as chair of NLC’s new task force on Mobility and Opportunity in November 2016 recognizes the vital role that city leaders must play to address the growing economic gaps that plague our cities.

NLC President Matt Zone, a Cleveland councilmember who has committed to making economic opportunity his key issue for his year as NLC’s chief elected officer, launched the task force comprised of 22 local elected officials from across the country in November 2016. Under the leadership of Mayor Reed, the inaugural meeting marked NLC’s commitment to address economic disparities and the beginning of a three-pronged strategy over the next year that will include municipal engagement and peer learning; documentation of promising and emerging city approaches; and education and training for city officials.

As shown by discussions throughout the recent election process, although unemployment is at an all-time low, millions of financially strained families are desperate to find ways to increase their economic stability. Growing economic disparities in communities across the country highlight the need for access to well-paying jobs, housing and assets for families struggling to achieve the American Dream. These 18 theReview January/February 2017

challenges are a key concern for city leaders as the financial health of a city depends on the economic security, and mobility of its residents.

City leaders can prioritize expanding economic opportunities for residents while also b a l anc i ng mu n i c ip a l budgets. Research from the Urban Institute has found that financially healthy families are more likely to be able to contribute consistently to local government revenues and are less likely to need city supports. City revenue streams depend on utility payments, sales and property taxes generated by residents and local businesses. If the local economy isn’t thriving and residents are not financially stable, the city as a whole suffers.

The solutions for these issues are increasingly found at the city level, as policy action is often stalled at the federal and state levels. In this environment, city leaders are well-poised to stabilize their cities by serving as champions for expanding economic opportunity.

Cities are already taking action. In Pittsburgh, for example, task force member Mayor Bill Peduto is working hard to ensure that all residents can participate in the City’s revitalization and newfound prosperity. Partnering with PolicyLink, the City developed a five-point plan focused on housing affordability in high-poverty neighborhoods;

equitable economic development; expanding employment and asset building opportunities; addressing racial inequities; and working with coalitions and community organizations to build community power.

Task force member and Boston Mayor Martin Walsh is committed to addressing poverty with an agenda focused on economic equity and inclusion. His agenda includes increasing wages and employment opportunities; business development strategies for low-income residents; wealth creation strategies including financial empowerment services and children’s savings accounts; as well as strategies to build economic mobility for youth.

These strategies and many more identified during the first task force meeting will be examined during the group’s year-long tenure. The task force is charged with identifying recommendations for local action to address common economic barriers keeping many families from sharing in our country’s prosperity.

In his first speech to members as president of NLC, Councilmember Matt Zone challenged cities to make economic mobility “a pillar that supports our work for America’s cities.” He added, “Now more than ever, the economic well-being of our families is at risk, and we, as local officials, can be the key instruments of change and

economic mobility. We must build a future where every one of us has economic mobility and opportunity … we must be intentional about promoting equity in all of our policies and projects.”

Courtney Coffin is an associate for economic opportunity and financial empowerment in the NLC Institute for Youth, Education, and Families. Contact Courtney at coffin@nlc.org.

Heidi Goldberg is the director for economic opportunity and financial empowerment in NLC’s Institute for Youth, Education, and Families. Follow Heidi on Twitter at @GoldbergHeidi.

This post is reprinted with permission from the National League of Cities' blog CitiesSpeak. Find the full post at https://citiesspeak. org/2016/12/19/new-nlc-task-force-to-focus-on-expanding-economicopportunity/.

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G re e n e r B u s i n e s s Op p o rtu n iti e s

The City of Wildwood is a growing exurb with exceptional green space, located in the western region of St. Louis County, Missouri. Retail space is available in the town center, the focal point of the master planned convenience vision that attracts some of the most affluent residents and tourists in the region.

An Under-Supplied Retail Market Opportunity • $153 million of unrealized retail revenue opportunity within 10 minute drive time • $324 million of unrealized retail revenue opportunity within 20 minute drive time

Supportive Business Community • Pro-active, business-friendly community • City leadership focus on building win/win business relationships • New town center space currently available • Forward-thinking

Impactful Buying Power • Largest municipality in St. Louis County at 68 square miles • Median household income of $119,894 • 35,618 current population estimate with plans for growth Exceptional Environment • 89% of current businesses rated the physical attractiveness of the business area either “good” or “excellent” in a 2015 survey • Highest elevation among surrounding suburbs • Over 50 miles of recreational trails • Home to the region’s only snow ski resort

For more information contact: Jul i a n M .D. Ja cqui n Economi c Devel opment Man ager P: (63 6) 4 5 8 -0 4 4 0 x1 1 3 C : (63 6) 3 99-0 0 60 j ul i a n@c i t yofwi l dwood.com

cit yof w ild wood . com 20 theReview January/February 2017

STATE GOV Review

Agriculture Is The Show-Me State’s Top Industry The Missouri agricultural economy is alive and well, according to reports from state officials.

A study commissioned by the Missouri Department of Agriculture and the Missouri Farm Bureau showed agriculture is still the top economic industry in the ShowMe State.

Agricultural products, which include crops, livestock, forestry and fishery production; agriculture inputs and services; food and related products manufacturing and forestry products manufacturing, brought in a whopping $88.4 billion in revenue in 2016.

In addition, agricultural jobs employed more than 378,000 Missourians, who earned a collective $17.5 billion in labor income. Agricultural companies also contributed $2.2 billion in state and local taxes, and $4 billion in federal taxes.

While crops amounted for a hefty portion of revenue, the biggest contributing industry was food and related products manufacturing. Breweries were the top economic contributors, raking in nearly $3 billion, with oilseed production and pet food manufacturing rounding out the top three, coming in at just over $2 billion each.

Missouri consistently ranks as one of the top performing agricultural economies in the nation. In 2015, the ShowMe State ranked 13th in the U.S. for gross profit. Missouri ranks in the top-five states for number of farms, biodiesel

production, beef production, turkey In addition to analyzing inventory and rice acres harvested. agriculture, forestr y, The report and related economic also provided an outlo ok for ac tivity at the state future agricultural level, county level and possibilities in the state. Due to congressional district growing consumer results are available in interest in locallygrown produce, separate reports at http:// fruit and vegetable a g r i c u lt u re . m o. g ov / production will b e in demand. economicimpact/.

Produce farming provides a good opportunity for a new generation of farmers to get their start, especially with produce farms generally having a smaller geographic footprint.

Read the entire report, including a county-by-county breakdown, at http://agriculture.mo.gov/economicimpact/.

This information reprinted with permission from the Missouri Department of Economic Development.

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Economic Development Projects Happening Around Missouri

Cape Girardeau: TIF Repositions Historic Downtown As Modern Economic Development Hub The development of the Marquette Tech District is already bringing more energy to downtown Cape Girardeau by reinventing two prominent and long-empty buildings as a hotel and technology hub. The project will create considerable economic impact from the historic renovation of more than 145,000 square feet of abandoned commercial building space and a new state-of-the-art fiber optic and public Wi-Fi network. Beyond the infrastructure investments, the project is anticipated to result in a technology district that will bring 200300 talented, enterprising professionals and many more guests to downtown Cape Girardeau. In addition to the modern office spaces in the historic Marquette building, and provisions for expanding access to the fastest internet speeds in the world, the project will also include a new Marriott Courtyard hotel in the historic Himmelberger-Harrison building — bringing a hotel downtown for the first time in more than 55 years.

The city of Cape Girardeau’s Downtown Strategic Plan, adopted by the City Council in August 2009, called for the establishment of a tax increment financing (TIF) district to create a “conservation area.” The area was intended to increase property values in the district and to prevent the area from deteriorating further. The Council approved the TIF’s first reading in December 2015 so they would be ready to act quickly when opportunity arose. The final readings of the ordinance and development agreement were approved in April of 2016, setting the project in motion. For more information about using TIFs in your community, contact Deputy Manager Molly Hood with the City or your own local Chamber organization. The tech district is also the new home of the recently combined Cape Girardeau Area Chamber of Commerce and Convention and Visitors Bureau. The famed downtown development corporation, Old Town Cape, has also relocated to the district.

22 theReview January/February 2017

Cape Girardeau's Marquette Tech District

St. Joseph: Downtown Momentum Momentum is building in downtown St. Joseph as the City continues to revitalize its inner core. Early in 2016, Mosaic Life Care announced a plan to bring 200 employees to downtown through the renovation of the historic GermanAmerican Bank Building. Mosaic further committed to raze a deteriorated city parking garage and build a new structure with two levels of parking and 30,000 square feet of retail.

Mosaic chose to expand their operation in downtown to help the City demonstrate that a vibrant downtown signifies community investment and a high quality of life. The City, through its economic development efforts with the Chamber of Commerce, have confirmed that when site selectors consider communities, the condition of a city’s downtown is one factor used in determining where to locate a business.

Further enhancing the recent success downtown, the City is in the process of updating its urban park on Felix Street and recently added a new concession area adjacent to the park.

Other improvements are planned to better serve those who live and work in downtown. Downtown has the look and feel of a neighborhood with more loft apartments, a proposed grocery store and a mix of eclectic shops and restaurants.

Downtown St. Joseph is becoming a destination for residents and businesses alike, and the City needs to accommodate that growing population.

Like any older community, downtown St. Joseph has had its challenges redeveloping its older buildings. The cost to renovate an older structure and the importance to revitalize St. Joseph’s inner core required the City to place an emphasis on the use of public incentives to encourage private development.

These incentives, such as the use of tax increment financing (TIF) and Chapter 353 tax abatement, have helped to spur private development.

To complement Mosaic’s private efforts downtown, the City is working on a project that would consider a new event center, additional hotel rooms, and relocation of the existing gaming casino to downtown. Working together, investment by both the private and public sectors will help to create a vibrant downtown that, in turn, creates a vibrant community.

Mosaic Life Care announced a plan to bring 200 employees to downtown through the renovation of the historic GermanAmerican Bank Building.

Nixa: Christian County Development Corporation There are too many opportunities in Christian County not to afford spending more time, effort and resources on the advancement of the County’s economic growth. Over the last three decades Christian County has been one of the most rapidly growing counties in Missouri. The cities of Ozark and Nixa have seen a large share of that residential growth. Sharon Gulick, University of Missouri Extension, notes, “Christian’s growth was initially fueled by a persistent stream of migration of neighboring counties migration, with Greene constituting 45 percent of all migration.” Today, more than 50 percent of these migrants are young, educated and employed. Yet, 60-70 percent of Christian’s work force works outside of the county.

Christian County’s officials recognized the benefits that nearby regional economic development organizations (i.e., Springfield Business Development Corporation, Taney County Partnership, etc.) have achieved. They pursued the creation of a Christian County Development Corporation. To date, it has received incorporation from the Missouri Secretary

of State, and it is awaiting 501(c)(3) status authorization. A total of $156,600 is being invested each year for the next five years, with the public sector contributing $78,500 and the private sector investing $78,100. These monies will allow the County to hire an economic development director who will work to advance the county’s economic growth and prosperity.

Christian County public officials assisted in the Christian County Business Development Corporation’s formation.

Pictured (l-r) are Hosea Bilyeu, western county commissioner; Bill Barnett, previous western county commissioner, Sue Childers, eastern county commissioner; Mayor Clint Ellingsworth, Highlandville; Mayor Jarred King, Clever; Ray Weter, presiding commissioner; Steve Childers, Ozark city administrator; Rick Gardner, Mayor, Ozark; Brian Bingle, Nixa city administrator; and Brian Steele, Mayor, Nixa.

Hazelwood: Partnering With Habitat For Humanity To Revitalize Neighborhoods A neighborhood revitalization program formed between the city of Hazelwood and Habitat for Humanity St. Louis is giving 12 low-to-moderate-income families an opportunity to achieve the American Dream of owning a home. It involves the acquisition of vacant homes and blighted lots by the City and having them transferred to Habitat for the construction of new homes.

Hazelwood has acquired 11 lots where 12 homes will be built. Structures on eight of these properties will need to be demolished. The City has completed two of them so far. Phase

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one of the program is underway with building five new homes in the Ward 6 area. Construction of the first house began on Sept. 30, 2016, with a “Raise-A-Wall” event.

A second home was built in less than two weeks during November as part of a “Home 4 the Holidays” promotion involving Habitat and KMOV-TV News 4 (CBS). The purpose was to make home ownership possible for another hardworking family in time for the 2016 holiday season.

The phase one structures are expected to be completed by early spring 2017. Habitat is utilizing HOME grant funds for the design and construction costs. Construction on the remaining seven homes for phase two is expected to begin by summer 2017 and be finished by the end of the year.

The families moving into these Habitat homes are purchasing them. In addition to a down payment and a 30year affordable mortgage, each homeowner is required to invest 350 “sweat equity” volunteer hours to help build the house. They also sign-up to take several life skill classes.

Not only does this partnership between the city of Hazelwood and Habitat open the door to home ownership for many families that may not qualify through other means, but also the City benefits by making a reinvestment in a local neighborhood that helps improve the housing stock, increase property values, reduce crime, and enhance the aesthetics and pride people have for their community. Plus, bringing in more families increases the City’s population, giving Hazelwood a better chance of receiving more federal funding when the 2020 U.S. Census is taken.

Habitat for Humanity St. Louis built its first two homes in 1988. Thirty years later, thanks to the hard work of many volunteers and the support of the St. Louis community, more than 355 local families now have a safe and affordable place to call home.

Joplin: New Jobs and Opportunities

Kansas City University of Medicine and Biosciences' broke ground for a new medical school campus in Joplin.

Joplin announces several new projects coming online in 2017 that will bring new jobs and opportunities to southwest Missouri.

After several years of collaboration, Joplin community members were pleased to join officials with the Kansas City University of Medicine and Biosciences (KCUMB) in a groundbreaking event for the new medical school campus in Joplin.

With the first class of 150 students starting in August 2017, KCUMB enrollment is expected to be at full capacity of 600 students after four years. Joplin’s two health systems partnered with community leaders and supporters to reach this longterm goal for Joplin. Both systems will provide residency and training opportunities for the students.

In July, Owens Corning, a global manufacturer of insulation, roofing and fiberglass composites, announced the company would invest nearly $90 million to open a new manufacturing plant in Joplin. The 303,000-square-foot facility will produce a mineral wool insulation for residential, commercial and industrial uses, creating more than 100 local full-time jobs.

A neighborhood revitalization program formed between the City of Hazelwood and Habitat for Humanity St. Louis is giving 12 low-to-moderateincome families an opportunity to achieve the American Dream of owning a home. It involves the acquisition of vacant homes and blighted lots by the City and having them transferred to Habitat for the construction of new homes.

24 theReview January/February 2017

Owens Corning employs 15,000 people in 26 countries and posted net sales of $5.3 billion in 2014. The Joplin facility will support the company’s growth opportunities in the North American construction markets.

With a goal to help the existing workforce improve their skills to advance in their current jobs or to obtain better jobs, the Joplin Advanced Training and Technology Center will open in 2017. The $6 million project is funded through the Community Development Block Grant-Disaster Recovery program awarded by the U.S. Department of Housing and Urban Development following the tornado that struck Joplin in May 2011. Partners in the project include the city of Joplin, Crowder College, The Workforce Investment Board of Southwest Missouri and the Joplin Area Chamber of Commerce Foundation.

Much of the Center’s work will focus on targeted audiences, including the lower-to-moderate-income residents who may also be veterans, unemployed or underemployed individuals in need of expanded skills and technical training. The Center will also offer a “maker space” and flexible training space for the use of area employers.

Blue Buffalo, one of the nation’s premier producers of high-quality pet food products, will be expanding their manufacturing space in Joplin during 2017.

Blue Buffalo selected Joplin for this first manufacturing facility in 2013 and the current 425,000-square-foot facility opened in 2014. The company now plans an 112,000-squarefoot addition along with equipment for Heartland Pet Food Manufacturing, one of their subsidiaries, to increase their production of pet snacks and treats. The expansion will add 45 additional jobs to the current job base of more than 150 employees.

Independence: American Marksman Opens New Manufacturing Facility

military ammunition pull-down, including packing and shipping, expanding into specialty recycling, manufacturing/ remanufacturing. Additionally, they will conduct advanced research and development technology systems, and green technology ammunition projectiles. Orbital ATK, the facility and property manager of Lake City who worked directly with American Marksman, has reported the company has plans for additional expansion and job creation in the upcoming years.

“The City Council, city staff, and the Independence Economic Development Council are focused on attracting capital investment and new jobs to Independence,” said Independence Mayor Eileen Weir. “American Marksman locating at Lake City and partnering with Orbital ATK is a huge contributor to those efforts. Independence has had a strategic approach to utilizing the unique assets of Lake City for businesses like American Marksman that have very specific needs. We welcome the employees and their families to our community.”

This announcement furthers the City Council’s strategic goal to promote a strong local economy with an expanding employment and tax base. This is accomplished through focused strategies to aid in the establishment of new businesses; redevelop existing business districts; provide exceptional customer service; and aggressively pursue economic development and redevelopment opportunities.

The City of Independence partnered with the Orbital ATK, the facility and property manager for Lake City, Independence Economic Development Council and Missouri Department of Economic Development to offer an incentive package to American Marksman. The company will receive the incentive package as it achieves stated job creation criteria. The Independence Economic Development Council also worked with the Missouri Partnership, Kansas City Area Development Council and KC SmartPort to aid American Marksman in evaluating sites and programs designed to attract new jobs and investment to the state.

Sixty-five new advanced manufacturing jobs will be created in Independence, Missouri. American Marksman, LLC, a distributor of bullets of varying calibers, announced in November 2016 their plans to locate a new manufacturing facility at the Lake City Army Ammunition Plant in Independence. American Marksman’s focus will be on U.S. www.mocities.com

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NEWS From The Bench

by Kenneth Heinz

Faustino Lopez-Matias v. State of Missouri, SC95946 Defendant was arrested and charged with a non-capital felony. He sought to be released on his own recognizance or for reasonable bail. The circuit court overruled his motion under Section 544.470.2, RSMo that provides a person who cannot prove his lawful presence in the United States “shall continue to be committed to the jail and remain until discharged by due course of law.” The Supreme Court held that because it plainly and unambiguously contravenes the right guaranteed by Article I, Section 20 of the Missouri Constitution, Section 544.070.2 is unconstitutional. Article I, Section 20 provides that “all persons,” unless charged with a capital offense, shall be entitled to bail subject to reasonable conditions, as set forth in Section 544.455, RSMo. The Constitution gives circuit courts broad discretion to fashion conditions for release that, in the circumstances of each case, balance the constitutional right to pretrial release with the constitutional requirement of “sufficient sureties” that the defendant will appear in court. The process for

26 theReview January/February 2017

setting bail in Section 544.455 and Rule 33.01 requires the conditions for release to reflect the particular circumstances of each case. Section 544.070.2 violates Article I, Section 20 by purporting to deny pretrial release to an entire class of defendants not charged with capital offenses and not able to establish their lawful presence in the United States. Although Article I, Section 32 of the state constitution permits a circuit court to deny bail or impose special conditions upon a showing that a defendant poses a danger to the crime victim, witness or the public. This provision does not authorize the wholesale denial of pretrial release to an entire class of defendants. The circuit court was ordered to consider, based on all the circumstances of his case, reasonable conditions for defendant’s pretrial release using the individualized procedure set forth in Chapter 544 and Rule 33.

The Lamar Company, LLC, v. City of Columbia, Missouri, et al. No. WD79267 The Lamar Company appealed from summary judgment in agreement was entered, allows a City to adopt regulations on favor of the city of Columbia in Lamar’s lawsuit for declaratory outdoor advertising that are more restrictive than the height, judgment, breach of contract, and mandamus, premised on size, lighting and spacing provisions of the Missouri Billboard the enforceability of a 1998 settlement agreement. The 1998 Act. The court held that the agreement did not “grandfather” settlement agreement was held void. signs already in place and that the agreement was invalid and This case followed a 1994 lawsuit by Lamar that was settled did not impair the obligation of contracts. The court further in 1998. At that time, the company claimed that the denial held that the City was not equitably estopped from denying of its application was arbitrary and capricious, and that the validity and enforceability of the agreement. The court the City’s billboard ordinance was unlawful in light of the finally rejected the plaintiff ’s argument that the agreement Missouri Billboard Act. The settlement agreement provided hinders public health, welfare and safety, or that there was a that the company would dismiss its lawsuit and waive claims significant variance between the City billboard ordinance and for damages and that the City would agree to issue permits the billboards for which application was made. for three new billboards. With respect to 42 of the company’s This decision is lengthy but well worth reading, especially by billboards, the company would be permitted to rebuild in the municipal officials concerned with prior settlements that may same location subject only to state statutes and the existing have been affected by the passage of time. It is still subject to city requirements. rehearing or transfer to the Supreme Court of Missouri. It does In 2014, the Lamar Company applied for permits to reinforce prior opinions upholding the statutory requirements rebuild or relocate eight of the 42 billboards described in the of Section 432.070. settlement agreement. The City denied the application because Kenneth J. Heinz is a principal with Curtis, Heinz, Garrett & O'Keefe, the billboards did not meet the City’s billboard requirements. P.C. Heinz serves as general counsel for several communities. Contact The company appealed the ruling claiming that the agreement the firm at 314-725-8788 or www.chgolaw.com. required the City to approve its application. The City defended the claim on the basis that the 1998 agreement was ultra-vires and void ab initio because it impermissibly contracted away the City’s police powers. The trial court granted summary judgment in favor of the City. The court pointed out that Section 432.070 RSMo imposes three requirements for a contract. It must be within the scope of the governmental entity’s powers for You work hard for your community. proper consideration and duly authorized in writing. These statutory requirements We work hard for . are mandatory.

LAGERS members work hard. And each month The court held that the agreement of hard work helps them get a little closer to a exceeded the City’s powers because it dignified, secure retirement. LAGERS members contracted away the City’s police power and are thousands of police officers, firefighters, required the City to authorize replacement librarians, utility & maintenance workers, and or relocation of billboards without regard other public servants located in every corner of to its current zoning ordinances. The court Missouri, serving their communities everyday. stated that the City’s billboard ordinance was adopted pursuant to its delegated Visit www.molagers.org to learn more. zoning police powers. Since the City had no authority to contract away future enforcement of its zoning ordinance, the 1-800-447-4334 agreement exceeded the City’s powers in Missouri Local Government violation of Section 432.070 and is void.

Employees Retirement System The court also pointed out that Section 71.288 RSMo, which took effect after the

Missouri LAGERS YOU

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SMITH&CO. SERVING MISSOURI MUNICIPALITIES SINCE 1966.

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You Could Be Making a Buzz!

Contact MML today to be a part of the Professional Services Directory! www.mocities.com Info@mocities.com (573) 635-9134 28 theReview January/February 2017

Water Wastewater Streets/Roads Stormwater Site Plans Bridges

REMEDIATION LAND SURVEYORS Geotechnical Drilling UST’s Airports Industrial Parks

MML DIRECTORY Changes Changes to the Directory of Missouri Municipal Officials will be published in each issue of The Missouri Municipal Review. Please submit your city's official changes to Lori Noe at Lnoe@mocities.com. Changes are listed in alphabetical order by city.

Marshall

Trenton

Add: David Haugland, City Administrator

Remove:

Clayton

Wildwood

Remove: George Ertle, Asst. to City Administrator

Chuck Hines, Councilmember

Add:

Collins

Remove: Gabe Ramsey, Councilmember

New Members

Brentwood Add:

Dusty Hosna, Clerk

Add:

Melisssa McCoy, Clerk

Remove:

Judy Hollis, Clerk

Mike Morgan, City Inspector

Chad Davis, Utility Director

Julian Jacquin, Economic Development Manager

New Participating Affiliate

Osage Beach

JML Management Consulting, LLC

Add:

Cynthia Lambert, Clerk

Crystal City

Lee Schuman, Alderman

Add: Rick Fischer, Councilmember

Remove:

Diann Warner, Clerk

Remove: Charlie DeBoor, Councilmember

Pleasant Valley

Contact: Joel Laws

Add: Sarah Everhart, Court Administrator

Email: info@jmlmanagementconsulting. com

Rolla

Services: Providing planning and consulting services to public government entities.

Gladstone Add: Manager

Scott Wingerson, City

Robert Baer, Assistant City Manager

Add: Manager

Chad Davis, Operations

PO Box 496 Branson, MO 65615 Phone: 417-230_8092

Damon Randolph, Alderman Remove:

Kirk Davis, City Manager

Independence Remove: Larry Kaufman, Deputy City Manager Lake Saint Louis Add: George Ertle, Assistant City Administrator Lathrop Add: Bob Burns, City Administrator Remove: Don Moore, City Administrator Lexington Add: Clerk

Janelle Braden, Records

RESPONSIVE TO YOU. DEDICATED TO YOUR COMMUNITY.

816-525-7881 www.laubermunicipallaw.com

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

www.mocities.com

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MEMBERS' Notes Kansas City Tops The Nation In Business Growth

MML Calendar of Events January 24 ����� Final Certification to Election Authority 25 ����� Central Regional Meeting, Sedalia, Missouri 26 ����� MCMA Winter Workshop, Columbia, Missouri

February

Pennsylvania-based Wendover Corp. released its third-quarter national business growth survey report, which found that Kansas City tops the nation with its business growth index score. Kansas City's score increased 23.8 percent compared to the same period last year. The national average is a 10 percent increase.

2-4 ����� New Partners For Smart Growth, St. Louis, Missouri

Master Municipal Clerk

6 ����� Missouri Economic Development Conference, Jefferson City, Missouri

Congratulations to Becky Shimmel, city of Grandview city clerk, on earning the prestigious Master Municipal Clerk (MMC) designation from the International Institute of Municipal Clerks! To qualify for entrance into the Master Municipal Clerk Academy (MMCA), that prepares participants for achieving the MMC status, one must have earned the Certified Municipal Clerk (CMC) designation. To earn the CMC designation, a municipal clerk must attend extensive education programs. The designation also requires pertinent experience in a municipality.

8 ����� MML Webinar: Budgets 14-15 ����� MML Legislative Conference, Jefferson City, Missouri 16 ����� Missouri Transportation Conference, Jefferson City, Missouri

March 7-9 ����� Missouri Parks and Recreation Association Conference, Branson, Missouri 15 ����� MML Webinar: Public Works Contracting

April 4 ����� Municipal Election Day 12 ����� Missouri Partners In Governance Conference, Columbia, Missouri 30-May 6 ��� Missouri Local Government Week

May 1-3 ����� Main Street Now, Pittsburgh, Pennsylvania 8 ����� Harry S Truman's Birthday: MML Offices Closed 21-28 ����� National Public Works Week

June 9-10 ����� MML Elected Officials Training Conference, Columbia, Missouri

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

MML Monthly News

MML's Latest Member News

Are you receiving MML's monthly e-newsletter? We may not have your direct email, or it may be landing in a junk folder. For the latest grant opportunities, MML announcements, local government events and more, be sure to include your direct email in your MML member profile, and add MML to your safe senders list.

Don't miss out!

Watch for the latest member news on the MML website at www.mocities.com.

The Latest News section features the latest updates and achievements from member cities. If you have something to submit, please email Lori Noe at Lnoe@ mocities.com!

30 theReview January/February 2017

Certified Municipal Clerk Congratulations to Sondra Kasserman, city clerk with the city of Wood Heights, on earning the prestigious Certified Municipal Clerk (CMC) designation from the International Institute of Municipal Clerks! To earn the designation, a municipal clerk must attend extensive education programs and have pertinent experience in a municipality.

Grandview Named Crown Community The American City & County Magazine named Grandview a "2016 Crown Community" for revitalizing its Main Street. American City & County presents its Crown Communities awards each year to recognize innovative and impactful projects. Grandview's $6.1 million, fourphase Main Street Improvement Project is an example of a complete street design, incorporating a road diet to minimize the width of the street, widened sidewalks, and pocket parks in the heart of Downtown Grandview.

www.mocities.com

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32 theReview January/February 2017