TENTATIVE AGENDA RAYTOWN BOARD OF ALDERMEN NOVEMBER 17, 2015 REGULAR SESSION NO.15 RAYTOWN CITY HALL EAST 59 TH STREET RAYTOWN, MISSOURI 64133

Transcription

1 TENTATIVE AGENDA RAYTOWN BOARD OF ALDERMEN NOVEMBER 17, 2015 REGULAR SESSION NO.15 RAYTOWN CITY HALL EAST 59 TH STREET RAYTOWN, MISSOURI OPENING SESSION 7:00 P.M. Invocation Pledge of Allegiance Roll Call Public Comments Communication from the Mayor Communication from the City Administrator Committee Reports REGULAR AGENDA LEGISLATIVE SESSION 1. R : A RESOLUTION AUTHORIZING AND APPROVING THE PURCHASE OF SALT FOR THE PURPOSE OF TREATING ROADS AND BRIDGES IN INCLEMENT WEATHER FROM INDEPENDENT SALT COMPANY IN AN AMOUNT NOT TO EXCEED $51, FOR THE FISCAL YEAR Point of Contact: Kati Horner Gonzalez, Public Works Assistant Director 2. SECOND READING: Bill No , Section V-A: AN ORDINANCE AUTHORIZING AND APPROVING A CONTRACT FOR TRANSIT SERVICE BY AND BETWEEN THE KANSAS CITY AREA TRANSPORTATION AUTHORITY AND THE CITY OF RAYTOWN, MISSOURI IN AN AMOUNT NOT TO EXCEED $58, FOR FISCAL YEAR Point of Contact: John Benson, Development & Public Affairs Director. 3. SECOND READING: Bill No , Section XII: AN ORDINANCE GRANTING AN AMENDMENT TO THE REGULATIONS GOVERNING MASSAGE ESTABLISHMENTS AS SPECIFIED IN CHAPTER 10, ARTICLE XI OF THE CITY OF RAYTOWN CODE OF ORDINANCES. Point of Contact: John Benson, Development & Public Affairs Director. 4. FIRST READING: Bill No , Section XVII: AN ORDINANCE AMENDING CHAPTER 28, OFFENSES AND NUISANCES, SECTION , FAILURE TO APPEAR OF THE CODE OF ORDINANCES OF THE CITY OF RAYTOWN, MISSOURI. Point of Contact: Joe Willerth, City Attorney. 5. FIRST READING: Bill No , Section XVII: AN ORDINANCE AMENDING CHAPTER 1, GENERAL PROVISIONS, SECTION 1-22, GENERAL PENALTY, CONTINUING VIOLATIONS OF THE CODE OF ORDINANCES OF THE CITY OF RAYTOWN, MISSOURI. Point of Contact: Joe Willerth, City Attorney. 6. FIRST READING: Bill No , Section XVII: AN ORDINANCE AMENDING SECTION 1-2, DEFINITIONS AND RULES OF CONSTRUCTION OF THE CODE OF ORDINANCES OF THE CITY OF RAYTOWN, MISSOURI. Point of Contact: Joe Willerth, City Attorney. Page 1 of 2

2 7. FIRST READING: Bill No , Section XVII: AN ORDINANCE OF THE CITY OF RAYTOWN, MISSOURI REAFFIRMING THE GROSS RECEIPTS TAX TO BE IMPOSED UPON ELECTRIC CORPORATIONS CONDUCTING BUSINESS WITH THE CITY AND MATTERS RELATED THERETO. Point of Contact: Mark Loughry, Finance Director. 8. FIRST Reading: Bill No , Section XX-D-2. AN ORDINANCE VACATING A PORTION OF THE RIGHT-OF-WAY, LEGALLY DESCRIBED AS 75th STREET, GENERALLY BEGINNING AT ITS INTERSECTION WITH WESTBOUND HIGHWAY 350 AND EXTENDING WEST ALONG THE CENTERLINE OF 75th STREET APPROXIMATELY 130 FEET. Point of Contact: John Benson, Development & Public Affairs Director. 9. FIRST READING: Bill No , Section XX-B: AN ORDINANCE APPROVING THE FINAL PLAT OF RAYTOWN CROSSING EAST-SECOND PLAT, A SUBDIVISION OF THE CITY OF RAYTOWN, JACKSON COUNTY, MISSOURI. Point of Contact: John Benson, Development & Public Affairs Director. ADJOURNMENT Next Ordinance No Page 2 of 2

3 CITY OF RAYTOWN Request for Board Action Date: November 11, 2015 Resolution No.: R To: Mayor and Board of Aldermen From: Kati Horner Gonzalez, Assistant Director of Public Works Department Head Approval: Finance Director Approval: (only if funding is requested) City Administrator Approval: Action Requested: Board of Aldermen approval of the authority to purchase 800 additional tons of Road Salt for winter operations for a total not to exceed $51, Recommendation: Staff recommends approval as submitted. Analysis: In June, Independent Salt Company submitted a bid for 800 tons of salt at $63.99/ton resulted in an expenditure of $51, The contract, approved by the Board of Aldermen on July 7, 2015, includes the option to purchase additional salt at the same unit price of $63.99/ton through March 31, Staff recommends the purchase of 800 additional tons from Independent Salt Company to be delivered prior to March 31, 2016 to replenish salt levels that are anticipated to be used through the winter season. The purchase of up to 1000 tons of salt from the City of Kansas City through material transport will be a back-up source of salt in the event of unseasonable levels of snowfall. Staff is requesting the authorization of $51, Alternatives: N/A Budgetary Impact: Not Applicable Budgeted item with available funds Non-Budgeted item with available funds through prioritization Non-Budgeted item with additional funds requested Fund: Transportation Sales Tax Fund ($51,192.00) Additional Reports Attached: Bid Tab from June 2015 Bids.

4 RESOLUTION NO.: R A RESOLUTION AUTHORIZING AND APPROVING THE PURCHASE OF SALT FOR THE PURPOSE OF TREATING ROADS AND BRIDGES IN INCLEMENT WEATHER FROM INDEPENDENT SALT COMPANY IN AN AMOUNT NOT TO EXCEED $51, FOR THE FISCAL YEAR WHEREAS, the City of Raytown (the City ) issued an invitation to bid on its 2015 Road Salt to treat roads and bridges within the City in inclement weather; and WHEREAS, pursuant to Resolution R , on July 7, 2015, the Board of Aldermen authorized the purchase of salt for the purpose of treating roads and bridges in inclement weather from Independent Salt Company as they were the most advantageous bid received; and WHEREAS, the Board of Aldermen find it is in the best interest of the City to purchase additional salt from Independent Salt Company in the amount of $63.99 per ton with a total amount to not exceed $51,192.00; and NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF RAYTOWN, MISSOURI, AS FOLLOWS: THAT the Board of Aldermen find it is in the best interest of the City to purchase additional salt from Independent Salt Company in the amount of $63.99 per ton with a total amount to not exceed $51, is hereby authorized and approved; and FURTHER THAT the City Administrator and/or his designee, is hereby authorized to execute any and all documents and to take any and all actions necessary to effectuate the terms of the Agreement and exercise the authority granted herein on behalf of the City. PASSED AND ADOPTED by the Board of Aldermen and APPROVED by the Mayor of the City of Raytown, Missouri, the 17 th day of November, ATTEST: Michael McDonough, Mayor Teresa M. Henry, City Clerk Approved as to Form: Joe Willerth, City Attorney V:\Board of Aldermen Meetings\Agendas\Agendas 2015\ \Reso Salt Purchase doc

5 CITY OF RAYTOWN SALT CONTRACT: BID TAB CENTRAL SALT INDEPENDENT SALT MORTON SALT CARGILL SALT KANSAS SALT ITEM UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL NO. ITEM QTY UNIT PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE 1 Sodium Chloride 800 Ton $ $ 55, $ $ 51, NO BID NO BID $ $ 54,400.00

6 CITY OF RAYTOWN Request for Board Action Date: November 11, 2015 Bill No.: To: Mayor and Board of Aldermen Section No.: V-A From: John Benson, Director of Development & Public Affairs Department Head Approval: Finance Director Approval: City Administrator Approval: Action Requested: Approve a contract with the KCATA for the Metroflex bus service. Analysis: This is a demand-response public transportation service (MetroFlex) that the City has provided under contract with the KCATA since April The City of Kansas City, Missouri also pays the same amount as the City of Raytown to the KCATA for the MetroFlex service as the service area extends beyond Raytown to make connections with the rest of the KCATA network to the north and to the south within Kansas City. The hours of operation for the MetroFlex service are from 6:00 a.m. to 10:00 a.m.; and from 2:30 p.m. to 6:30 p.m., Monday through Friday. The proposed agreement would maintain that level of service at a cost of $58, which is an increase from $55, for The increase is due to increased operational costs but is within the amount budgeted by the City for this service. This contract will be for a 12-month period that mirrors the City s budget year. A presentation by the KCATA will be provided at a future Board of Aldermen meeting which will provide further details relating to number of riders, origins and destinations of riders and other service information over the past 12 months. Alternatives: The City could choose not to participate in the Metroflex and risk losing this benefit for our citizens. Budgetary Impact: Budgeted item with available funds Non-Budgeted item with available funds through prioritization Non-Budgeted item with additional funds requested Fund: Transportation Sales Tax Account: Professional Services Budget: $70, Amount: $58, Additional Reports Attached: Contract with KCATA V:\Board of Aldermen Meetings\Agendas\Agendas 2015\ \Ord KCATA Agreement RBA.docx

7 BILL NO ORDINANCE NO. SECTION NO. V-A AN ORDINANCE AUTHORIZING AND APPROVING A CONTRACT FOR TRANSIT SERVICE BY AND BETWEEN THE KANSAS CITY AREA TRANSPORTATION AUTHORITY AND THE CITY OF RAYTOWN, MISSOURI IN AN AMOUNT NOT TO EXCEED $58, FOR FISCAL YEAR WHEREAS, the City of Raytown (the City ) is a city of the fourth class, with the authority pursuant to Chapter 70 of the Revised Statutes of the State of Missouri to enter into agreements with other political subdivisions; and WHEREAS, the Kansas City Area Transportation Authority ( KCATA ) is a body corporate and politic and a political subdivision of the states of Missouri and Kansas with the authority to enter into agreements with other political subdivisions; and WHEREAS, a sound, efficient and viable public transportation system is essential to the socioeconomic well being of the Kansas City Area Transportation District (hereinafter referred to as the "District"), including the Counties of Cass, Clay, Jackson, and Platte in Missouri, and the Counties of Johnson, Leavenworth, and Wyandotte in Kansas; and WHEREAS, the KCATA is a public agency authorized by law to plan, own, operate, have and generally deal with public transportation systems and facilities in the District; and WHEREAS, the City desires to promote the convenience, comfort, prosperity, general interests and welfare of its citizens; and WHEREAS, the public transportation facilities and services of most immediate concern are those estimated to be provided by the KCATA at a deficit, described generally in amounts and, more specifically, by formula set forth in Attachment "A" adopted in January, 1976, modified in August, 1977, revised in January, 1983, and December 1997; and WHEREAS, the City of Raytown desires to enter into an agreement with the KCATA for transit services as set forth in Exhibit A attached hereto and incorporated herein by reference. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RAYTOWN, MISSOURI, AS FOLLOWS: SECTION 1 - APPROVAL OF CONTRACT. That the Contract for Transit Services by and between the Kansas City Area Transportation Authority and the City of Raytown, Missouri, attached hereto and incorporated herein by reference, is hereby authorized and approved in an amount not to exceed $58, SECTION 2 - EXECUTION OF CONTRACT. That the City Administrator is authorized to execute the Contract and all documents necessary to the performance thereof, and the City Clerk is authorized to attest to the same. SECTION 3 - REPEAL OF ORDINANCES IN CONFLICT. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed. SECTION 4 - SEVERABILITY CLAUSE. The provisions of this ordinance are severable and if any provision hereof is declared invalid, unconstitutional or unenforceable, such determination shall not affect the validity of the remainder of this ordinance. 1 V:\Board of Aldermen Meetings\Agendas\Agendas 2015\ \Ord KCATA Agreement.doc

8 BILL NO ORDINANCE NO. SECTION NO. V-A SECTION 5 - EFFECTIVE DATE. This ordinance shall be in full force and effect from and after the date of its passage and approval. BE IT REMEMBERED that the above was read two times by heading only, PASSED AND APPROVED by a majority of the Board of Aldermen and APPROVED by the Mayor of the City of Raytown, Jackson County, Missouri, this 17 th day of November, ATTEST: Michael McDonough, Mayor Teresa M. Henry, City Clerk Approved as to Form: Joe Willerth, City Attorney 2 V:\Board of Aldermen Meetings\Agendas\Agendas 2015\ \Ord KCATA Agreement.doc

9

10

11

12

13

14

15

16

17

18 CITY OF RAYTOWN Request for Board Action Date: November 11, 2015 Bill No.: To: Mayor and Board of Aldermen Section No.: XII From: Brenda Gustafson, Public Information Officer Department Head Approval: Finance Director Approval: (only if funding is requested) City Administrator Approval: Action Requested: Adoption of ordinance amending Chapter 10, Article XI of the Raytown Municipal Code Recommendation: Staff recommends approval of the ordinance amending Chapter 10, Article XI of the Raytown Municipal Code. Analysis: Raytown staff is proposing to amend the language written in Chapter 10, Article XI, titled Massage Establishments, Bath Houses, Modeling Studios and Body Painting Studios, outlining business licensing requirements for massage establishments and massage therapists. The City has previously adopted an ordinance requiring those wishing to open and operate a massage establishment within the city limits to go through extensive procedures and prerequisites that are now undertaken by the State of Missouri as part of their licensing requirements for these establishments. Such requirements include, but are not limited to, mandatory background checks for criminal convictions, written character references from three state residents, and health certificates proving the absence of communicable diseases from all massage therapists and employees. The following is a summary of the amendments proposed to Article XI of the City of Raytown Code of Ordinances: Massage establishment and Massage therapist were redefined to match the definitions of the State of Missouri. No changes were made for the definitions of bath house, modeling studio, or body painting studio. Requirements for individual employee permits were removed from the ordinance language. Raytown does not require employee permits for any business in the city. All education and licensing requirements for massage therapists and masseuses was amended to follow State licensing requirements. The new language considers a massage therapy license from the State to be acceptable proof of education when the massage therapist provides their state license to the city. Also, identification cards other than those that are issued by the State are no longer required to operate a massage establishment in Raytown. Article XI was further amended to adopt all State regulations regarding message therapy business operations and required facilities. This will reduce staff time required to approve any certificate of occupancy or business license for massage establishments.

19 Alternatives: An alternative to the recommendation would be to not adopt the proposed code, and leave the article concerning Massage Therapy licenses as it stands in the Raytown municipal code, or to refer the proposed code adoption back to the staff for revisions and/or further review. Budgetary Impact: This application does not require the city to provide any funding. The proposed business is not anticipated to provide an increase in sales tax revenues to City. Not Applicable

20 BILL NO ORDINANCE NO. -15 SECTION NO. XII AN ORDINANCE GRANTING AN AMENDMENT TO THE REGULATIONS GOVERNING MASSAGE ESTABLISHMENTS AS SPECIFIED IN CHAPTER 10, ARTICLE XI OF THE CITY OF RAYTOWN CODE OF ORDINANCES WHEREAS, Article XI in Chapter 10 of the City of Raytown Code of Ordinances regulates the operation of massage establishments within the City of Raytown; and WHEREAS, regulations governing massage establishments are also subject to certain regulations adopted by the State of Missouri; and WHEREAS, certain regulations of the State of Missouri are duplicate regulations specified in the City of Raytown Code of Ordinances; and WHEREAS, the City finds that such duplication of regulations is unnecessary and not conducive to the operation of a massage therapy business in the City of Raytown. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RAYTOWN, MISSOURI, THAT ARTICLE XI OF CHAPTER 10 OF THE CITY OF RAYTOWN CODE OF ORDINANCES BE AMENDED AS FOLLOWS: SECTION 1 APPROVAL OF AMENDMENT. That Chapter 10, Article XI, commonly known as Massage Establishments of the Code of Ordinances of the City of Raytown, Missouri is hereby amended as provided in Section 2. SECTION 2 AMENDMENT. Sec Definitions. Bath House means the occupation of maintaining and operating for compensation any services of baths of all kinds, including all forms and methods of hydrotherapy not otherwise regulated by law. Body Painting Studios means the occupation of maintaining, operating and offering any services for compensation of applying paint or other substances, whether transparent or nontransparent, to or on the human body when such body is wholly or partially nude, by any means of application, technique, or process. Massage Therapist means a health care practitioner who provides or offers to provide massage therapy, as defined herein, to any person at no cost or for a fee, monetary or otherwise, implying that the massage therapist is trained, experienced and licensed in massage therapy, and who holds a current, valid license to practice massage therapy recognized by the State of Missouri. Massage Therapy means a health care profession which involves the treatment of the body s tonus system through the scientific or skillful touching, rubbing, pressing or other movements of the soft tissues of the body with the hands, forearms, elbows, or feet, or with the aid of mechanical apparatus, for relaxation, therapeutic, remedial or health maintenance purposes to enhance mental and physical well-being of the client, but does not include the prescription of medication, spinal or joint manipulation, the diagnosis of illness or disease, or any service or procedure for which a license to practice medicine, chiropractic, physical therapy, or podiatry is required by law or those occupations defined in Chapter 10. 1

21 BILL NO ORDINANCE NO. -15 SECTION NO. XII Modeling studios means the occupation of maintaining, operating and offering any services for compensation of modeling for the purpose of reproducing the human body wholly or partially in the nude by means of photography, painting, sketching, drawing, or otherwise. To be included within the definition of modeling studios is the occupation or practices for compensation of offering one s body, wholly or partially in the nude, for the purpose of having designs of whatever nature applied thereto by whatever process or technique with any kind of substance whether it be transparent or nontransparent. Patron means any person over 18 years of age who utilizes or receives the services of any establishment subject to the provisions of this chapter and under such circumstances that it is reasonably expected that he will pay money or give any other consideration therefor. Section Business permit required. No person, firm, partnership, association or corporation shall operate a bath house, body painting studio, massage establishment, or modeling studio as defined herein, without first having obtained a permit therefor. A separate permit shall be required for each and every separate place of business conducted by any one permittee. Such permit shall be valid only for one calendar year following issuance of the permit. Section Issuance of business permit. A. Massage Therapists. Applicant must be licensed to perform massage therapy in accordance with Chapter 324 of the Revised Statutes of Missouri. B. Bath Houses, Body Painting Studios, Massage Establishments, and Modeling Studios. 1. Premises shall comply with all applicable zoning, fire, health and building codes. 2. Premises and equipment shall be clean, sanitary, and well maintained. 3. Items for personal use of patrons, such as linens, sheets and towels, shall be cleaned and freshly laundered, unless disposable, and no such item, if non-disposable, shall be used twice without being laundered. Disposable items must be disposed of in a sanitary manner after each use. 4. The license of the bath house, body painting studio, massage establishment, and modeling studio and of every employee or massage therapist employed thereby shall be issued according to Sections and of the Code of Ordinances of the City of Raytown. 5. The license of the bath house, body painting studio, massage establishment, and modeling studio and of every employee or massage therapist employed thereby, shall be displayed in an open and conspicuous place on the premises and shown to officers of the City of Raytown upon request. 6. All business licenses as defined in this article are not transferable and such authority as a permit confers shall be conferred only on the permitting name therein. Any applications made, fees paid and permits obtained under the provisions of this Chapter shall be in addition to and not in lieu of any other fees, permits or licenses required to be paid or obtained under any other ordinances of this City. 2

22 BILL NO ORDINANCE NO. -15 SECTION NO. XII 7. All signs pertaining to a bath house, body painting studio, massage establishment, and modeling studio shall be affixed to the building in which business is being conducted. In addition, all businesses as defined herein are required to obtain a sign permit from the Development and Public Affairs Department before placement of said sign. Section Enforcement. It shall be the duty and responsibility of the Code Enforcement Official, Raytown Police Department, and/or the Building Inspector to enforce this Chapter of the Raytown Code. When, on the basis of a complaint, personal observation and/or other information an authorized enforcement official reasonably suspects that a violation has occurred, it is the applicant s responsibility to cooperate with the investigating official(s). Section Revocation or suspension of business permit. (a) Any permit issued for a bath house, body painting studio, modeling studio, massage therapist or massage establishment may be revoked or suspended by the governing body after a public hearing before the Board of Aldermen where it is found that any of the provisions of this article are violated or where the permittee or any employee of the permittee, including a masseur or masseuse, has been convicted of any offense found in Section of the Raytown Municipal Code or any laws of the State of Missouri regarding massage therapists and massage establishments, and the permittee has actual or constructive knowledge of the violation or conviction, or in any case, where the permittee or licensee refuses to permit any duly authorized police officer or health inspector of the City to inspect the premises or the operations therein. (b) The Board of Aldermen, before revoking or suspending any permit, shall give the permittee at least ten (10) days written notice of the charges against him and the opportunity for a public hearing before the Board of Aldermen, at which time the permittee may present evidence bearing upon the question. In such cases, the charges shall be specific and in writing. Section Penalty. (a) Any person, firm, partnership, association or corporation convicted of violating any of the provisions of this article shall be fined not more than $ or imprisoned in the county jail for not more than ninety days or both such fine and imprisonment. (b) Any material falsification of any application, report or other written document required under the terms of this article shall be a violation of this chapter and subject to penalty as provided in subsection (a) of this section. SECTION 3 FAILURE TO COMPLY. That failure to comply with all of the provisions contained in this ordinance shall constitute violations of both this ordinance and the City s Comprehensive Zoning Regulations. SECTION 4 SEVERABILITY CLAUSE. The provisions of this ordinance are severable and if any provision hereof is declared invalid, unconstitutional or unenforceable, such determination shall not affect the validity of the remainder of this ordinance. 3

23 BILL NO ORDINANCE NO. -15 SECTION NO. XII SECTION 5 EFFECTIVE DATE. This ordinance shall be in full force and effect from and after the date of its passage and approval. BE IT REMEMBERED that the above was read two times by heading only, PASSED AND ADOPTED by a majority of the Board of Aldermen and APPROVED by the Mayor of the City of Raytown, Jackson County, Missouri, this 17 th day of November, ATTEST: Michael McDonough, Mayor Teresa M. Henry, City Clerk Approved as to Form: Joe Willerth, City Attorney 4

24 Article XI. Massage Establishments Sec Definitions. Bath House means the occupation of maintaining and operating for compensation any services of baths of all kinds, including all forms and methods of hydrotherapy not otherwise regulated by law. Body Painting Studios means the occupation of maintaining, operating and offering any services for compensation of applying paint or other substances, whether transparent or nontransparent, to or on the human body when such body is wholly or partially nude, by any means of application, technique, or process. Massage Therapist means a health care practitioner who provides or offers to provide massage therapy, as defined herein, to any person at no cost or for a fee, monetary or otherwise, implying that the massage therapist is trained, experienced and licensed in massage therapy, and who holds a current, valid license to practice massage therapy recognized by the State of Missouri. Massage Therapy means a health care profession which involves the treatment of the body s tonus system through the scientific or skillful touching, rubbing, pressing or other movements of the soft tissues of the body with the hands, forearms, elbows, or feet, or with the aid of mechanical apparatus, for relaxation, therapeutic, remedial or health maintenance purposes to enhance mental and physical well-being of the client, but does not include the prescription of medication, spinal or joint manipulation, the diagnosis of illness or disease, or any service or procedure for which a license to practice medicine, chiropractic, physical therapy, or podiatry is required by law or those occupations defined in chapter 10. Modeling studios means the occupation of maintaining, operating and offering any services for compensation of modeling for the purpose of reproducing the human body wholly or partially in the nude by means of photography, painting, sketching, drawing, or otherwise. To be included within the definition of modeling studios is the occupation or practices for compensation of offering one s body, wholly or partially in the nude, for the purpose of having designs of whatever nature applied thereto by whatever process or technique with any kind of substance whether it be transparent or nontransparent. Patron means any person over 18 years of age who utilizes or receives the services of any establishment subject to the provisions of this chapter and under such circumstances that it is reasonably expected that he will pay money or give any other consideration therefor. Section Business permit required. No person, firm, partnership, association or corporation shall operate a bath house, body painting studio, massage establishment, or modeling studio as defined herein, without first having obtained a permit therefor. A separate permit shall be required for each and every separate place of business conducted by any one permittee. Such permit shall be valid only for one calendar year following issuance of the permit. Section Issuance of business permit. A. Massage Therapists. Applicant must be licensed to perform massage therapy in accordance with Chapter 324 of the Revised Statutes of Missouri. B. Bath Houses, Body Painting Studios, Massage Establishments, and Modeling Studios.

25 1. Premises shall comply with all applicable zoning, fire, health and building codes. 2. Premises and equipment shall be clean, sanitary, and well maintained. 3. Items for personal use of patrons, such as linens, sheets and towels, shall be cleaned and freshly laundered, unless disposable, and no such item, if non-disposable, shall be used twice without being laundered. Disposable items must be disposed of in a sanitary manner after each use. 4. The license of the bath house, body painting studio, massage massage establishment, and modeling studio and of every employee or massage therapistmassage therapist employed thereby shall be issued according to Sections and of the Code of Ordinances of the City of Raytown. 5. The license of the bath house, body painting studio, massage establishment, and modeling studio and of every massage therapist employee or massage therapist employed thereby, shall be displayed in an open and conspicuous place on the premises and shown to officers of the City of Raytown upon request. 6. All businessmassage establishment and massage therapist licenses as defined in this article are not transferable and such authority as a permit confers shall be conferred only on the permitting name therein. Any applications made, fees paid and permits obtained under the provisions of this Chapter shall be in addition to and not in lieu of any other fees, permits or licenses required to be paid or obtained under any other ordinances of this City. 7. All signs pertaining to a bath house, body painting studio, massage establishment, and modeling studio shall be affixed to the building in which business is being conducted. In addition, all businesses as defined herein massage establishments are required to obtain a sign permit from the Development and Public Affairs Department before placement of said sign. Section : Enforcement. It shall be the duty and responsibility of the Code Enforcement Official, Raytown Police Department, and/or the Building Inspector to enforce this Chapter of the Raytown Code. When, on the basis of a complaint, personal observation and/or other information an authorized enforcement official reasonably suspects that a violation has occurred, it is the applican t s responsibility to cooperate with the investigating official(s). Section : Revocation or suspension of business permit. (a) Any permit issued for a bath house, body painting studio, modeling studio, massage therapist or massage establishment may be revoked or suspended by the governing body after a public hearing before the Board of Aldermen where itti is found that any of the provisions of this article are violated or where the permittee or any employee of the permittee, including a masseur or masseuse, has been convicted of any offense found in Section of the Raytown Municipal Code or any laws of the State of Missouri regarding massage therapists and massage establishments, and the permittee has actual or constructive knowledge of the violation or conviction, or in any case, where the permittee or licensee refuses to permit any

26 duly authorized police officer or health inspector of the city to inspect the premises or the operations therein. (b) The Board of Aldermen, before revoking or suspending any permit, shall give the permittee at least ten (10) days written notice of the charges against him and the opportunity for a public hearing before the Board of Aldermen, at which time the permittee may present evidence bearing upon the question. In such cases, the charges shall be specific and in writing. Section Penalty. (a) Any person, firm, partnership, association or corporation convicted of violating any of the provisions of this article shall be fined not more than $ or imprisoned in the county jail for not more than ninety days or both such fine and imprisonment. (b) Any material falsification of any application, report or other written document required under the terms of this article shall be a violation of this chapter and subject to penalty as provided in subsection (a) of this section.

27 CITY OF RAYTOWN Request for Board Action Date: November 11, 2015 Bill No To: Mayor and Board of Aldermen Section No.: XVII From: Joe Willerth, City Attorney Department Head Approval: City Administrator Approval: Action Requested: Approve the Ordinance amending the Code to be consistent with Section of Missouri State Statue. Analysis: Review of Chapter 28, Offenses and Miscellaneous Provisions, showed that our current Ordinance in Chapter 28, Section relating to Failure to Appear is in conflict with certain provisions of Section et al. Fiscal Impact: N/A Alternative: Do not approve and remain in conflict of State Statue. V:\Board of Aldermen Meetings\Agendas\Agendas 2015\ \Ord Failure to Appear Amerndment RBA.docx

28 BILL NO ORDINANCE NO. SECTION NO. XVII AN ORDINANCE AMENDING CHAPTER 28, OFFENSES AND NUISANCES, SECTION , FAILURE TO APPEAR OF THE CODE OF ORDINANCES OF THE CITY OF RAYTOWN, MISSOURI WHEREAS, on May 27, 2015 the Missouri Legislature enacted legislation known as Senate Bill 5 signed by the Governor on July 7, 2015 which modified distribution of Traffic Fines and Court Costs collected by Municipal Courts and created Section (6) RSMo. which provides there be no additional charges for Failure to Appear Charges for Minor Traffic Violations as defined in Section RSMo. and modified Section RSMo. and Section RSMo. regarding collection of court costs; and WHEREAS, said legislative changes in the laws of the State of Missouri require amendment of Raytown City Code Chapter 28, Section on Failure to Appear to exclude the Charge of Failure to Appear in the case of Minor Traffic violations as defined in Section RSMo. to comply with same; and WHEREAS, the Municipal Judge, City Prosecutor and City Attorney have reviewed and approve the proposed amendment to Code of Ordinance of the City of Raytown, Missouri; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMAN OF THE CITY OF RAYTOWN, MISSOURI, AS FOLLOWS: SECTION 1 APPROVAL OF AMENDMENT. That Chapter 28, Section , commonly known as Failure to Appear, of the Code of Ordinances of the City of Raytown, Missouri is hereby amended as provided in Section 2. SECTION 2 AMENDMENT. Section Failure to Appear (A) Any person who willfully violates his/her written promise to appear or who shall fail to appear at the time and place scheduled in response to any summons or warrant shall be guilty of an ordinance violation regardless of disposition of the charge upon which he/she was originally arrested or summoned, with the exception of minor traffic violations as defined in Section RSMo, as a municipal or county ordinance violation prosecuted that does not involve an accident or injury, that does not involve the operation of a commercial motor vehicle, and for which the department of revenue is authorized to assess no more than four points to a person's driving record upon conviction. Minor traffic violation shall exclude a violation for exceeding the speed limit by more than nineteen miles per hour or a violation occurring within a construction zone or school zone. SECTION 3 REPEAL OF ORDINANCES IN CONFLICT. That all ordinances or parts of ordinances in conflict with this ordinance are hereby repealed. SECTION 4 SEVERABILITY CLAUSE. The provisions of this ordinance are severable and if any provision hereof is declared invalid, unconstitutional or unenforceable, such determination shall not affect the validity of the remainder of this ordinance. SECTION 5 EFFECTIVE DATE. That this ordinance shall be in full force and effect from and after the date of its passage and approval.

29 BILL NO ORDINANCE NO. SECTION NO. XVII BE IT REMEMBERED that the above was read two times by heading only, PASSED AND ADOPTED by a majority of the Board of Aldermen and APPROVED by the Mayor of the City of Raytown, Jackson County, Missouri, this day of December, ATTEST: Michael McDonough, Mayor Teresa M. Henry, City Clerk Approved as to Form: Joe Willerth, City Attorney 2

30 CITY OF RAYTOWN Request for Board Action Date: November 11, 2015 Bill No To: Mayor and Board of Aldermen Section No.: XVII From: Joe Willerth, City Attorney Department Head Approval: City Administrator Approval: Action Requested: Approve the Ordinance amending the Code to be consistent with Section Chapter 479 et al. of Missouri State Statute. Analysis: Review of Chapter 1, General Provisions, Section 1-22, General Penalty; continuing violations, is in conflict with certain provisions of Section RSMo. Fiscal Impact: N/A Alternative: Do not approve and remain in conflict of State Statute. V:\Board of Aldermen Meetings\Agendas\Agendas 2015\ \Ord Court Costs RBA.docx

31 BILL NO ORDINANCE NO. SECTION NO. XVII AN ORDINANCE AMENDING CHAPTER 1, GENERAL PROVISIONS, SECTION 1-22, GENERAL PENALTY, CONTINUING VIOLATIONS OF THE CODE OF ORDINANCES OF THE CITY OF RAYTOWN, MISSOURI WHEREAS, on May 27, 2015 the Missouri Legislature enacted legislation known as Senate Bill 5 signed by the Governor on July 7, 2015 which modified distribution of Traffic Fines and Court Costs collected by Municipal Courts and created Section (6) RSMo. which provides there be no additional charges for Failure to Appear Charges for Minor Traffic Violations as defined in Section RSMo. and modified Section RSMo. and Section RSMo. regarding collection of court costs; and WHEREAS, said legislative changes in the laws of the State of Missouri require amendment of Raytown City Code Chapter 1, Section 1-22 on General Penalty, Continuing Violations to comply with Section RSMo, which provided the Court shall not assess fines and court costs in excess of $ to comply with same; and WHEREAS, the Municipal Judge, City Prosecutor and City Attorney have reviewed and approve the proposed amendment to Code of Ordinance of the City of Raytown, Missouri; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMAN OF THE CITY OF RAYTOWN, MISSOURI, AS FOLLOWS: SECTION 1 APPROVAL OF AMENDMENT. That Chapter 1, Section 1-22, commonly known as General Penalty, Continuing Violations, of the Code of Ordinances of the City of Raytown, Missouri is hereby amended as provided in Section 2. SECTION 2 AMENDMENT. Section General Penalty, Continuing Violations (A) Whenever in any section of this Code or in any ordinance the doing of any act is required or is prohibited or is declared to be unlawful or a misdemeanor, and no specific fine or penalty is provided for a violation thereof, any person who shall be convicted of a violation of any such provision of this codification or of any such ordinance shall, for each offense be fined not more than $ or be punished by imprisonment in jail not to exceed 90 days, or be punished by both fine and imprisonment. Exception is a minor traffic violation as defined in Section 1-2 where the fine and cost shall not exceed $ SECTION 3 REPEAL OF ORDINANCES IN CONFLICT. That all ordinances or parts of ordinances in conflict with this ordinance are hereby repealed. SECTION 4 SEVERABILITY CLAUSE. The provisions of this ordinance are severable and if any provision hereof is declared invalid, unconstitutional or unenforceable, such determination shall not affect the validity of the remainder of this ordinance. SECTION 5 EFFECTIVE DATE. That this ordinance shall be in full force and effect from and after the date of its passage and approval.

32 BILL NO ORDINANCE NO. SECTION NO. XVII BE IT REMEMBERED that the above was read two times by heading only, PASSED AND ADOPTED by a majority of the Board of Aldermen and APPROVED by the Mayor of the City of Raytown, Jackson County, Missouri, this day of December, ATTEST: Michael McDonough, Mayor Teresa M. Henry, City Clerk Approved as to Form: Joe Willerth, City Attorney 2

33 CITY OF RAYTOWN Request for Board Action Date: November 11, 2015 Bill No To: Mayor and Board of Aldermen Section No.: XVII From: Joe Willerth, City Attorney Department Head Approval: City Administrator Approval: Action Requested: Approve the Ordinance amending the Code to be consistent with Section Chapter 479 et al. of Missouri State Statute. Analysis: Review of Chapter 1, General Provisions, Section 1-2, Definitions and rules of construction; adding a definition of minor traffic violation to be consistent with Section RSMo. Fiscal Impact: N/A Alternative: Do not approve and remain inconsistent with Section V:\Board of Aldermen Meetings\Agendas\Agendas 2015\ \Ord Minor Traffic Violation Definition Amendment RBA.docx

34 BILL NO ORDINANCE NO. SECTION NO. XVII AN ORDINANCE AMENDING CHAPTER 1, GENERAL PROVISIONS, SECTION 1-2, DEFINITIONS AND RULES OF CONSTRUCTION OF THE CODE OF ORDINANCES OF THE CITY OF RAYTOWN, MISSOURI WHEREAS, on May 27, 2015 the Missouri Legislature enacted legislation known as Senate Bill 5 signed by the Governor on July 7, 2015 which modified distribution of Traffic Fines and Court Costs collected by Municipal Courts and created Section (6) RSMo. which provides there be no additional charges for Failure to Appear Charges for Minor Traffic Violations as defined in Section RSMo. and modified Section RSMo. and Section RSMo. regarding collection of court costs; and WHEREAS, said legislative changes in the laws of the State of Missouri require amendment of Raytown City Code Chapter 1, Section 1-2 on Definitions and rules of construction in the case of minor traffic violation as defined in Section RSMo. to comply with same; and WHEREAS, the Municipal Judge, City Prosecutor and City Attorney have reviewed and approve the proposed amendment to Code of Ordinance of the City of Raytown, Missouri; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMAN OF THE CITY OF RAYTOWN, MISSOURI, AS FOLLOWS: SECTION 1 APPROVAL OF AMENDMENT. That Chapter 1, Section 1-2, commonly known as Definitions and rules of construction, of the Code of Ordinances of the City of Raytown, Missouri is hereby amended as provided in Section 2. SECTION 2 AMENDMENT. Section 1-2. Definitions and rules of construction. "Minor traffic violation", a municipal or county ordinance violation prosecuted that does not involve an accident or injury, that does not involve the operation of a commercial motor vehicle, and for which the department of revenue is authorized to assess no more than four points to a person's driving record upon conviction. Minor traffic violation shall exclude a violation for exceeding the speed limit by more than nineteen miles per hour or a violation occurring within a construction zone or school zone. SECTION 3 REPEAL OF ORDINANCES IN CONFLICT. That all ordinances or parts of ordinances in conflict with this ordinance are hereby repealed. SECTION 4 SEVERABILITY CLAUSE. The provisions of this ordinance are severable and if any provision hereof is declared invalid, unconstitutional or unenforceable, such determination shall not affect the validity of the remainder of this ordinance.

35 BILL NO ORDINANCE NO. SECTION NO. XVII SECTION 5 EFFECTIVE DATE. That this ordinance shall be in full force and effect from and after the date of its passage and approval. BE IT REMEMBERED that the above was read two times by heading only, PASSED AND ADOPTED by a majority of the Board of Aldermen and APPROVED by the Mayor of the City of Raytown, Jackson County, Missouri, this day of December, ATTEST: Michael McDonough, Mayor Teresa M. Henry, City Clerk Approved as to Form: Joe Willerth, City Attorney 2

36 CITY OF RAYTOWN Request for Board Action Date: November 11, 2015 Bill No.: To: Mayor and Board of Aldermen Section No.: VI-A-2 From: Mark Loughry, Finance Director Department Head Approval: Finance Director Approval: City Administrator Approval: Action Requested: Maintain our current franchise fee of 7% with KCP&L. Recommendation: Approve the opt out. Analysis: KCP&L has been granted a tariff increase in excess of 7% which necessitates the City to either reduce the current franchise fee of 7% approved in 2014 or adopt an ordinance opting out of this roll back. It is staff s recommendation that the City opt out of the rollback thus maintaining our current franchise fee. Budgetary Impact: Not Applicable Budgeted item with available funds Non-Budgeted item with available funds through prioritization Non-Budgeted item with additional funds requested

37 BILL: ORDINANCE NO.: SECTION NO: VI-A-2 AN ORDINANCE OF THE CITY OF RAYTOWN, MISSOURI REAFFIRMING THE GROSS RECEIPTS TAX TO BE IMPOSED UPON ELECTRIC CORPORATIONS CONDUCTING BUSINESS WITH THE CITY AND MATTERS RELATED THERETO WHEREAS, the Missouri Public Services Commission has granted a tariff increase of percent to Kansas City Power & Light Company (KCP&L); and WHEREAS, tariff increases in excess of seven (7) percent trigger certain requirements under RSMo to either roll back the rate of gross receipts taxes imposed by cities on KCP&L or to pass an ordinance maintaining the existing rates despite the increase in the gross receipts to KCP&L as a result of the tariff increase; and WHEREAS, Section requires cities to roll back the rate of gross receipts tax within 60 days of the effective date of the tariff increase unless such cities pass an ordinance to maintain the existing rate; and WHEREAS, the Missouri Public Services Commission has established the effective date of the tariff increase granted to KCP&L as October 22, 2015 and 60 days from that date is December 21, 2015; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RAYTOWN, MISSOURI, AS FOLLOWS: SECTION 1 AUTHORIZATION. The gross receipts tax imposed to maintain the existing rate of seven (7) percent, despite the tariff increase award by the Missouri Public Services Commission to KCP&L effective on October 22, 2015 and pursuant to Ordinance , an agreement with Kansas City Power & Light Company, approved by the Board of Aldermen on April 15, 2014, to maintain its existing rate of seven (7) percent. SECTION 2 - EFFECTIVE DATE. This Ordinance is made under and in conformity with the laws of the State of Missouri, and shall take effect and be in force as of the first day of the first month following written acceptance by the Company. SECTION 3 - REPEAL OF ORDINANCE IN CONFLICT. All ordinances or parts of ordinance in conflict with this ordinance are hereby repealed. SECTION 4 - SEVERABILITY CLAUSE. The provisions of this ordinance are severable and if any provision hereof is declared invalid, unconstitutional or unenforceable, such determination shall not affect the validity of the remainder of this ordinance. BE IT REMEMBERED that the above was read two times by heading only, PASSED and ADOPTED by a majority of the Board of Aldermen and APPROVED by the Mayor of the City of Raytown, Jackson County, Missouri, this day of December, Michael McDonough, Mayor ATTEST: Approved as to Form: Teresa M. Henry, City Clerk Joe Willerth, City Attorney

38

39

40

41

42

43

44

45 CITY OF RAYTOWN Request for Board Action Date: November 12, 2015 Bill No To: Mayor and Board of Aldermen Section No.: XX-D-2 From: John Benson, Development & Public Affairs Director Department Head Approval: Finance Director Approval: (only if funding requested) City Administrator Approval: Action Requested: Vacation of a portion of the 75 th Street right-of-way, generally beginning at its intersection with Westbound Highway 350 and extending west along the center line of 75th Street approximately130 feet. Recommendation: The Planning & Zoning Commission at their November 12, 2015 meeting gave consideration to the requested right-of-way vacation. The recommendation of the Planning & Zoning Commission regarding the right-of-way vacation and the minutes of the November 12, 2015 Planning & Zoning Commission meeting will be provided to members of the Board of Aldermen in an prior to the Board of Aldermen meeting. Analysis: Block & Co on behalf of Raytown Auto Developers, LLC is seeking approval of the Final Plat of Raytown Crossing East Second Plat. The final plat proposes to vacate a portion of 75th Street, located immediately west of westbound Highway 350. The portion of the street right-of-way proposed to be vacated is indicated by the cross-hatching on the Final Plat. Alternatives: The alternative to the recommendation of the Planning & Zoning Commission would be to deny the vacation request; or refer the application back to the Planning & Zoning Commission for revisions and/or further review. Fiscal Impact: Budgetary Impact N/A Not Applicable Budgeted item with available funds Budgeted item with available funds and costs coming in less than estimate savings of $ Non-Budgeted item with available funds through prioritization Non-Budgeted item with additional funds requested Additional Reports / Information: Staff Report for November 12, 2015 Planning & Zoning Commission Meeting Ordinance approving the Right-of-Way Vacation 1

46 STAFF REPORT TO: The City of Raytown Planning and Zoning Commission FROM: The Community Development Department DATE: November 12, 2015 SUBJECT: AGENDA ITEM NO. 5.A: Application for Final Plat of Raytown Crossing East Second Plat and Right-of-Way Vacation Request: Background Information Block & Co on behalf of Raytown Auto Developers, LLC is seeking approval of the Final Plat of Raytown Crossing East Second Plat. The final plat proposes to create two lots that are to be developed for a restaurant (Lot 2) and future commercial business or restaurant (Lot 3). The proposed lots, as depicted on the attached Final Plat are 1.35 acres (Lot 2) and 0.80 acres (lot 3). Lot 1, which was previously platted as part of Raytown Crossing East is 1.21 acres and was the first phase of a multi-phase redevelopment of the former Dodge dealership, BP Amoco and self-serve car wash properties that are located on the east side of Raytown Road between the east and west bound lanes of Highway 350. In accordance with the approved Preliminary Plat and Preliminary Development Plan for this area, the Final Plat proposes construction of a new entrance drive on westbound Highway 350 which will result in the vacation of a portion of 75 th Street, located immediately west of westbound Highway 350. The portion of the street-right-of-way proposed to be vacated is indicated by the cross-hatching on the enclosed Final Plat. Matters to be Considered 1. Conformance to the Subdivision Regulations and other ordinances of the City of Raytown. The property fronts on westbound Highway 350 and 75 th Street. As such, the Zoning Ordinance considers the property to have two front yards. The property is zoned Highway Corridor Commercial (HC). The HC district specifies a 25-foot setback in each of these front yard areas. The applicant previously applied for and was granted a variance of 15-feet to the front yard setback along each of these streets by the Board of Zoning Adjustment. This variance will enable the property to be developed in conformance with the Highway 350 Corridor Design Standards that specify that off-street parking areas are to be located to the rear of sides of the principle building. Therefore, the final plat indicates a 10-foot front yard setback along each of these streets. The final plat has been reviewed in respect to the final plat content requirements of the City of Raytown Subdivision Regulations as well as the applicable regulations of the Raytown Zoning Ordinance. Based upon this review the final plat has been found to: Contain all required information specified by the City of Raytown Subdivision Regulations for final plats; Meets the bulk regulations of the Planned Highway Corridor Commercial (HC) District; and Is in conformity with the Final Site Development Plan that for this property, which has been reviewed and approved by staff. A copy of the site development plan is enclosed with staff report as well. 2