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									                               RAYTOWN BOARD OF ALDERMEN
                                     TENTATIVE AGENDA
                                    NOVEMBER 17, 2009
                                  REGULAR SESSION NO. 15
                                    RAYTOWN CITY HALL
                                  10000 EAST 59TH STREET
                                 RAYTOWN, MISSOURI 64133


                                     OPENING SESSION
                                         7:00 P.M.

Invocation – Janet Weiblen, Pastor, Ivanhoe Christian Church
Pledge of Allegiance
Roll Call
Published Agenda
Public Comments
Minutes – November 10, 2009

                                      STUDY SESSIONS

                                     Animal Control Policy
                          Beth Linn, Community Development Director

                                     Recycling Services
                                Andy Noll, Public Works Director



                                   LEGISLATIVE SESSION

RESOLUTIONS

   1. R-2207-09: A RESOLUTION AUTHORIZING AND APPROVING THE REAPPOINTMENT
      OF GERALD YOUNG, W. GLENN DOOLEY AND EXTENDING THE TERMS OF THE
      EXISTING APPOINTMENTS OF DONALD ORRELL AND ALLAN THOMPSON TO THE
      TAX INCREMENT FINANCING COMMISSION. Point of Contact: Nancy Thompson, City
      Attorney. Sponsor(s): Mayor Bower.

   2. R-2208-09: A RESOLUTION AUTHORIZING AND APPROVING A COOPERATIVE
      AGREEMENT WITH RAYTOWN WATER COMPANY TO INCORPORATE REMOVAL
      AND CONSTRUCTION OF A NEW WATERLINE AS A PART OF THE CITY’S 63RD
      STREET BRIDGE CONSTRUCTION PROJECT. Point of Contact: Andy Noll, Public
      Works Director. Sponsor(s): Aldermen Melson, Van Buskirk, Ertz, Mock, Lightfoot,
      Hamilton.

   3. R-2209-09: A RESOLUTION AUTHORIZING AND APPROVING CHANGE ORDER NO. 1
      IN THE AMOUNT OF $45,659.00 TO THE AGREEMENT BY AND BETWEEN THE CITY
      OF RAYTOWN AND RADMACHER BROTHERS EXCAVATING COMPANY FOR THE
      63RD STREET BRIDGE PROJECT, RESULTING IN A REVISED CONTRACT AMOUNT
      NOT TO EXCEED $2,052,800.40. Point of Contact: Andy Noll, Public Works Director.
      Sponsor(s): Aldermen Par-Due, Melson, Aziere, Ertz, Mock, Lightfoot.
  4. R-2210-09: A RESOLUTION AUTHORIZING AND APPROVING CHANGE ORDER NO. 2
     TO THE AGREEMENT BY AND BETWEEN THE CITY OF RAYTOWN AND I-CON
     UNDERGROUND FOR THE NORTH RAYTOWN SEWERSHED MANHOLE
     REHABILITATION PROJECT, ACCEPTING ALL WORK PERFORMED UNDER SAID
     CONTRACT, AND AUTHORIZING FINAL PAYMENT IN THE AMOUNT OF $310,649.50.
     Point of Contact: Andy Noll, Public Works Director. Sponsor(s): Aldermen Van Buskirk,
     Aziere, Melson, Ertz, Mock, Lightfoot.

OLD BUSINESS-None

NEW BUSINESS

  5. First Reading: Bill No. 6193-09, Section IV-E. AN ORDINANCE AMENDING CHAPTER 2
     - ADMINISTRATION, ARTICLE XIII – HUMAN RELATIONS OF THE CITY CODE BY
     REPEALING SECTIONS 2-240 THROUGH 2-269 AND ENACTING IN LIEU THEREOF A
     NEW ARTICLE XIII, CHAPTER 2 RESTATING AND REORGANIZING THE
     ESTABLISHMENT OF A HUMAN RELATIONS COMMISSION WITHIN THE CITY OF
     RAYTOWN. Point of Contact: Beth Linn, Community Development Director. Sponsor(s):
     Mayor Bower, Alderman Par-Due.

  6. First Reading: Bill No. 6194-09, Section XVII. AN ORDINANCE AMENDING CHAPTER 13
     – OFFENSES AND MISCELLANEOUS PROVISIONS OF THE CITY CODE BY ADDING
     A NEW ARTICLE XII ENTITLED DISCRIMINATORY PRACTICES TO SAID CHAPTER
     13, AND PROVIDING A PENALTY FOR VIOLATION. Point of Contact: Beth Linn,
     Community Development Director. Sponsor(s): Mayor Bower, Alderman Par-Due.

  7. Public Hearing: A public hearing to consider proposed amendments to the Subdivision
     Regulations and Chapter 22 of the Code of Ordinances of the City of Raytown relating to
     the design criteria for the construction of public improvements within the City.
            Staff is requests that the Public Hearing be opened and continued by the Board of Aldermen to a date certain of
             December 1, 2009.

OTHER BUSINESS

  8. Communication from Mayor
  9. Communication from City Administrator
  10. Committee Reports
  11. Discussion Item - Demolition Bid 8510 Stark-Beth Linn, Community Development Director

                                                ADJOURNMENT




                                                                                                 Next Ordinance No.: 5332-09
                                              DRAFT
                                           MINUTES
                                  RAYTOWN BOARD OF ALDERMEN
                                       NOVEMBER 10, 2009
                                    REGULAR SESSION NO. 14
                                       RAYTOWN CITY HALL
                                     10000 EAST 59TH STREET
                                   RAYTOWN, MISSOURI 64133
                                        OPENING SESSION
                                            7:00 P.M.

Mayor David Bower called the Raytown Board of Aldermen meeting to order at 7:00 p.m. David
Brackman, The River Christian Fellowship gave the opening prayer and led the pledge of allegiance.

ROLL CALL

The roll was called and attendance was as follows:

Present: Alderman Steve Mock, Alderman Shane Par-Due, Alderman Michael Lightfoot, Alderman
Charlotte Melson, Alderman Jim Hamilton, Alderman Bill Van Buskirk, Alderman Joe Creamer,
Alderman Jim Aziere, Alderman Christine White, Alderman Pat Ertz
Absent: None

PUBLISHED AGENDA

Alderman Creamer, seconded by Alderman Hamilton made a motion to approve the amended agenda.

Alderman Aziere made a motion to amended the amended agenda to remove Discussion Item 8 and to
bring back a Study Session at the November 17, 2009 Board of Aldermen meeting.

As there was already a motion to adopt the amended agenda on the floor, Mayor Bower confirmed with
Alderman Creamer and Alderman Hamilton to accept incorporation of the amendment into the motion
to approve the agenda. The amended agenda was approved by a vote of 10-0.

PROCLAMATIONS AND PRESENTATIONS
        A Proclamation recognizing Veterans Day in the City of Raytown

   Mayor Bower presented on a Proclamation recognizing Veterans Day in the City of Raytown to the
   Patriot Guard Riders.

        A Presentation from Pete Lobell, Retired BATF Agent to Raytown Police Department

Mr. Lobell presented Chief Lynch with an Emerald Society Officer of the Year Award.

PUBLIC COMMENTS

Andy Whiteman addressed the Mayor and the Board of Aldermen regarding the start date of the 63rd
Street Bridge, AED Training, Street Sweeping, the new Wal-Mart and the Gateway at Raytown Road
and Gregory Boulevard.




   Board of Aldermen                         Page 1 of 4                        November 10, 2009
                                               DRAFT
MINUTES – October 27, 2009

Alderman Ertz, seconded by Alderman Hamilton made a motion to approve the minutes of October 27,
2009. The motion was approved by a majority of those present.

                                       LEGISLATIVE SESSION

RESOLUTIONS

1. R-2203-09: A RESOLUTION AMENDING THE FISCAL YEAR 2008-2009 BUDGET TO
   REALLOCATE VARIOUS EXPENDITURES BETWEEN DESIGNATED FUND LINE ITEM
   ACCOUNTS. Point of Contact: Jeremy Willmoth, Finance Director. Sponsor(s): Finance Committee.

The resolution was read by title only by Teresa Henry, City Clerk.

Jeremy Willmoth, Finance Director stated that this item addressed year-end budget adjustments.

Alderman Par-Due, seconded by Alderman White made a motion to adopt. The motion was approved
by a vote of 10-0.

Yeas: Aldermen Par-Due, White, Hamilton, Melson, Van Buskirk, Lightfoot, Creamer, Aziere, Ertz,
Mock
Nays: None
Absent/Abstain: N/A

2. R-2204-09: A RESOLUTION AUTHORIZING AND APPROVING THE EXPENDITURE OF FUNDS
   WITH COMMENCO, INC. FOR PAYMENT OF THE CITY’S SHARED COSTS ASSOCIATED
   WITH THE LOCATION OF COMMUNICATIONS EQUIPMENT ON THE COMMUNICATIONS
   TOWER LOCATED AT 6621 EAST 68TH TERRACE. Point of Contact: Jim Lynch, Police Chief.
   Sponsor(s): Aldermen Ertz, Melson.

The resolution was read by title only by Teresa Henry, City Clerk.

Chief Lynch was available for questions. This item is a cooperative agreement with Commenco, who
maintains the equipment located on the tower and pro-rates the expenses of the site rental between
the City, Raytown Fire District, City of Grandview and the Jackson County Family Courts.

Alderman Creamer, seconded by Alderman Ertz made a motion to adopt. The motion was approved
by a vote of 10-0.

Yeas: Aldermen Creamer, Ertz, Aziere, Mock, Hamilton, White, Lightfoot, Par-Due, Van Buskirk,
Melson
Nays: None
Absent/Abstain: N/A

3. R-2205-09: A RESOLUTION AUTHORIZING AND APPROVING A SERVICE AGREEMENT BY
   AND BETWEEN THE CITY OF RAYTOWN AND MOTOROLA IN AN AMOUNT NOT TO EXCEED
   $35,033.76. Point of Contact: Jim Lynch, Police Chief. Sponsor(s): Aldermen Ertz, Creamer, Mock,
   Van Buskirk.

The resolution was read by title only by Teresa Henry, City Clerk.



   Board of Aldermen                           Page 2 of 4                     November 10, 2009
                                                 DRAFT
Chief Lynch was available for questions. This item allows Motorola to provide maintenance for the
cities radio systems.

Alderman Creamer, seconded by Aldermen Par-Due made a motion to adopt. The motion was
approved by a vote of 10-0.

Yeas: Aldermen Creamer, Par-Due, Hamilton, Melson, Van Buskirk, Lightfoot, Aziere, White, Ertz,
Mock
Nays: None
Absent/Abstain: N/A

4. R-2206-09: A RESOLUTION RATIFYING AN INITIAL PAYMENT TO UNION PACIFIC IN THE
   AMOUNT OF $21,542.00 DURING FISCAL YEAR 2008-2009 AND AUTHORIZING THE
   EXPENDITURE OF FUNDS WITH UNION PACIFIC IN CONNECTION WITH THE OVERPASS
   AGREEMENT IN AN AMOUNT NOT TO EXCEED $50,000 DURING FISCAL YEAR 2009-2010.
   Point of Contact: Andy Noll, Public Works Director. Sponsor(s): Alderman Mock.

The resolution was read by title only by Teresa Henry, City Clerk

Andy Noll stated this Resolution ratifies the action taken by the City Administrator in making the initial
payment to Union Pacific and encumbering an additional $50,000 to finalize the requirement of the
overpass agreement with Union Pacific.

Alderman White, seconded by Alderman Mock made a motion to adopt. The motion was approved by
a vote of 10-0.

Yeas: Aldermen White, Mock, Aziere, Hamilton, Ertz, Creamer, Lightfoot, Par-Due, Van Buskirk,
Melson
Nays: None
Absent/Abstain: N/A

OLD BUSINESS - None

NEW BUSINESS - None

OTHER BUSINESS

5. Communication from Mayor

Mayor Bower attended a Veterans Celebration on Sunday, November 8 which was sponsored by the
Raytown Council on Aging, Raytown Arts Council, Raytown Retired Teachers Association and the
Raytown Rotary.

6. Communication from City Administrator

Mahesh Sharma, City Administrator did not have anything to add this meeting.

7. Committee Reports

Aldermen Ertz stated that the Finance Committee would meet on November 24, 2009 at 6:00 p.m.

Alderman Aziere stated Legislative Committee had met on November 9. He stated that the 2010
Legislative Program would be coming before the Board in the future.

   Board of Aldermen                            Page 3 of 4                          November 10, 2009
                                              DRAFT

Alderman White stated that the Municipal Committee would meet on November 24, 2009 at 7:00 p.m.

Alderman Mock wanted to remind everyone about the Holiday Lighting Ceremony that was taking place
on December 4, 2009.

                                         CLOSED SESSION

   Notice is hereby given that the Mayor and Board of Aldermen may conduct a closed
   session, pursuant to the following statutory provisions:
   610.021(3)    Hiring, firing, disciplining or promoting of particular employees by a public
                 governmental body when personal information relating to the performance or merit
                 of an individual employee is discussed or recorded; and/or
   610.021(13)   Individually identifiable personnel records, performance ratings or records pertaining
                 to employees or applicants for employment.


Alderman Creamer, seconded by Alderman Melson made a motion to go into closed session. The
motion was approved by a vote of 10-0.

Yeas: Aldermen Creamer, Melson, White, Ertz, Hamilton, Par-Due, Van Buskirk, Aziere, Lightfoot,
Mock
Nays: None
Absent/Abstain: N/A


                                           ADJOURNMENT

The meeting was adjourned at 8:54 p.m.




________________________________
Teresa M. Henry




   Board of Aldermen                         Page 4 of 4                         November 10, 2009
Board of Aldermen Study Session
             November 17, 2009
Organization Chart
                        Beth Linn




Building Services   Planning & Zoning         Neighborhood Services

                                                                 Kim Garrison


                                                        Vacant



                                        Code Enforcement     Animal Control


                                              Dave Batson        Tara Kuppinger


                                              Becky Petree         Ron Muncy
Hours of Operation
   Monday thru Friday
     Winter hours 7:00 AM to 7:00 PM
     Summer hours 7:00 AM to 8:00 PM
   Saturday
     Four hours – time varies
   All other times officer available on
    emergency call back depending on call
    type
Contact Animal Control
   During normal City Hall business hours
    (8 AM to 5 PM excluding holidays)
     816-737-6014
   After hours via non-emergency police
    dispatch
     816-737-6020
   Other contact methods
     Hotline - 816-737-6064
     Email - neighborhoodservices@raytown.mo.us
Domestic Animals
   Normal Business Hours                Emergency Call Back
                                          (and during normal business hours)
     Running at large
                                           Animal Bite or Attack
     Removal of dead animals
                                            ○ Animal vs. animal
      ○ Street and ROW – all
                                            ○ Animal vs. person
      ○ Private Property – not pets
                                           Injured or Sick Animal
     Trapping
      ○ Weather permitting                 Aggressive Animal
     Stray release                        Assistance for Police or
                                            Fire
     Cruelty Investigations
                                             ○ Examples
     Check the welfare
                                                Animals in structure fire
     Barking dog                               Animals seized during
     Tethering                                    warrants

     Pet licenses
Wildlife – excluding deer
   Normal Business Hours                   Refer to Outside Agency
     Removal of dead animals                 Damage to property
      ○ Street and ROW – all                   ○ Refer to Wildlife Damage
      ○ Private Property – over 10 lbs.          Biologist with MO Dept
                                                 Conservation
                                              Animal at large in yard
   Emergency Call Back
                                               ○ Refer to Wildlife company
    (and during normal business hours)
                                                 because protected as
     Animal Bite or Attack                      urban wildlife
     Injured or Sick Animal
     Animal in Living Space
      ○ Easily accessible
Wildlife - deer
   Sick or Injured
     Normal business hours
      ○ Police Department shoot deer
      ○ Animal Control remove body
     After hours
      ○ Police Department shoot deer
      ○ Animal Control remove body next business day

   Dead
     Normal business hours – remove body
     After business hours – remove body next business
     day
Animal Control Ordinances
   Leash law
     All animals are required to be restrained to
     prevent from being loose
      ○ Handheld leash
      ○ Tether
      ○ Structure (fence, kennel or cage)

   Tethering
     Must be visually supervising from inside or
     outside house
Animal Control Ordinances
   Adequate Care
     Cannot be left for more than 12 hours
     without adequate care (food, water, shelter)
   Limit on number of pets
     Total of 4 animals (dogs and/or cats)
   Breeding
     Not allowed within city for commercial sale
     Not more than 1 litter per year
     Dogs in heat kept confined to prevent
     access by other dogs
Animal Control Ordinances
   Annual Pet License
     Valid July 1 to June 30
     Over age of 3 months
     Information needed to obtain
      ○ Contact information for owner (including DL#)
      ○ Name and breed of dog
      ○ Current rabies vaccination
      ○ Veterinary contact information
     Cost
      ○ $15 - intact
      ○ $5 – spay/neuter
Animal Safety Violation
                                  Types
   • Animal Bite/Attack
   • Running at large
   • Injured Animal
   • Stray Release



                             Impound Animal
   • Animal Bite/Attack held for 10 days for rabies observation
   • Running at large, injured animal or stray kept for 10 days for
     claim by owner



            Owner redeems animal (responsible for all fees)
                                  OR
             Unclaimed animal released to vet after 10 days



      Issue General Order Summons to appear in Municipal Court
   • Can take up to 60 days depending on court case load
   • Do not issue additional GOS while in court process
Animal Ordinance Violation
                                Types
    • Pet License
    • Tethering
    • Adequate Care
    • Number of Animals




                           Resident Contact
    • Person-to-person, door hanger or letter
    • Explain ordinances and possible violation
    • Set deadline for compliance




                      Reinspect for Compliance




      Issue General Order Summons to appear in Municipal Court
    • Can take up to 60 days depending on court case load
    • Do not issue additional GOS while in court process
Penalties
   Pet License
     Fine amount (not including court costs)
      ○ 1st offense - $50.50 + court costs
      ○ 2nd offense - $100.50 + court costs
      ○ 3rd offense - $250.50 + court costs
      ○ 4th offense - $500.00 + court costs
Penalties (continued)
   Running at large
     Impound - $30
     Microchip - $20
     Rabies and License - $17/$27
     Board/Care at Vet’s Office - $10/day
     Fine amount (not including court costs)
      ○ 1st offense - $125.50
      ○ 2nd offense - $250.50; up to ninety (90) days in
        jail
      ○ 3rd offense - $500.00; up to ninety (90) days in
        jail; animal shall be removed from the city
        limits
Penalties (continued)
   All other animal violations
     Up to $500; up to ninety (90) days, or be
      punished by both fine and imprisonment
     Each day of violation can be separate
      offense
Dangerous Dog Ordinance
   Dangerous Dog
     Definition
      ○ Any dog that without justification attacks a person or
        domestic animal causing physical injury or death, or
        behaves in a manner that a reasonable person
        would believe poses an unjustified imminent threat
        of serious injury or death to one (1) or more persons
        or domestic animals
     Exceptions to definition
      ○ Dog was protecting or defending a person from an
        attack or assault
      ○ If person was committing a crime or offense
Dangerous Dog Ordinance
  Exceptions to dangerous dog definition
   ○ Person was teasing, tormenting, abusing or assaulting
     the dog, or in the past had teased, tormented, abused
     or assaulted the dog;
   ○ Dog was attacked or menaced by the domestic
     animal, or the domestic animal was on the property of
     the owner or custodian of the dog;
   ○ If the dog was responding to pain or injury, or
     protecting itself, its kennels or its offspring;
   ○ If the person or domestic animal was disturbing the
     dog's natural functions such as sleeping or eating;
Dangerous Dog Ordinance
  Exceptions continued
   ○ Dog was in official use by any governmental
     unit; and/or
   ○ Neither growling or barking shall alone
     constitute grounds upon which to find a dog to
     be dangerous.
Dangerous Dog Violation
              Receive possible violation
        • Animal Control Officer
        • Member of Public



           Community Development Director
          determines if probable cause based
         that dog is dangerous in accordance
                     with ordinance



         Hold hearing within 10 calendar days
          with at least 3 days written notice




                 If deemed dangerous
        • Register with City
        • Wear fluorescent orange collar
        • Abide by other possible stipulations
          (see next slide)
Dangerous Dog Ordinance
  If dog deemed dangerous, Hearing Officer can
  require additional stipulations such as listed
  below for protection of public
  ○ When indoors
     Under the control of a person at least 18 years of age
  ○ When outdoors
     Unattended
      - Kept within a fenced area from which it cannot escape
      - Fence shall be constructed so dog can not reach its
        mouth through the fence
      - In kennel
     Attended and muzzled
Dangerous Dog Ordinance
  Possible stipulations continued
   ○ Placement of a sign or signs advising the public of the
     presence and tendencies of the dog
   ○ Attendance by the dog and its owner/custodian at
     training sessions
   ○ Neutering or spaying of the dog
   ○ Be microchipped
   ○ Procurement of liability insurance in an amount to be
     determined by the judge not less than $100,000 per
     person and $300,000 per occurrence
  A final decision of the hearing officer may be
   appealed to the municipal court
Dangerous Dog Ordinance
   Penalties
     If second attack after dangerous dog
      hearing, dog must be removed from the city
     Court may order the humane destruction of
      the dog or the removal of the dog from the
      city (in addition to other fines)
Recycling Center Information

• Open the 2nd & 3rd Saturday of the
  Month 8 a.m. to 4 p.m.
• Recycled Materials
  – Paper Products
  – Aluminum & Tin Cans
  – Plastics PET #1 & HDPE #2
Recycling Center Budget

• Salary expenses $10,551
• Material Collection
    Collection Fees offset by the revenue
     generated by the collected material
• Recycling expenses always exceed
  revenue generated
Recycling Center Utilization

• Highest utilization on Saturdays
• Average Saturday
     200 – 400 cars per day
Proposed Glass Recycling

• container glass is:
   – 100% recyclable
   – can be recycled endlessly
   – is a primary ingredient in fiberglass
     insulation and in new glass
     containers
give glass new life
• recycling one glass bottle saves enough
  electricity to light a 100-watt light bulb for
  four hours
• recycled glass is used to make fiberglass
  insulation – a six-pack of recycled bottles
  produces enough fiberglass insulation to fill
  a standard wall cavity
introducing ripple glass
Kansas City’s first truly local glass
recycling company




collection       processing      manufacturing
ripple glass is taking off – fall 2009
• up to 60 collection
  bins throughout the
  metro area, starting
  this fall
• state-of-the-art
  recycling plant
  scheduled to open in
                                 bin dimensions:
  November
                         20 ft long x 7.5 ft tall x 8 ft wide
• in-home bins
  available for easy
  customer collection
  and drop-off
host responsibilities

• keep an eye on the bin
  – clean up broken glass
  – keep area free of trash
  – call us when the bin is full
funding for collection bins provided by:
missouri
 kansas
                                               CITY OF RAYTOWN
                                             Request for Board Action
         Date: November 12, 2009                                                        Resolution No. R-2207-09
         To: Mayor and Board of Aldermen
         From: Nancy Thompson, City Attorney
         Department Head Approval:
         City Administrator Approval:



Action Requested: Reappointment of Gerald Young and W. Glenn Dooley and extending the
terms of existing appointments of Donald Orrell and Allan Thompson to the Tax Increment
Financing Commission.
Recommendation: None.
Analysis: The Tax Increment Financing Commission (TIF) was established pursuant to
Ordinance 4121-95, amended by Ordinance 4889-03, and provides for the appointment of six
(6) TIF Commissioner’s appointed by the Mayor with the approval of the Board of Aldermen.
The term of the members is for four years and the terms are required to be staggered to
provide consistent and experienced leadership.

The term of Gerald Young expires in November 2009 and the Mayor is recommending
reappointment for a four year term ending in November 2013.

The term of W. Glenn Dooley expired in November 2007 (or until a successor was duly
appointed) and the Mayor is recommending Mr. Dooley be officially reappointed to serve the
remainder of his four year term ending in November 2011.

Unfortunately, when re-appointments of Donald Orrell and Allan Thompson occurred in 2006,
the Resolutions approving their re-appointments only called for appointment to a three year
term, expiring on November 21, 2009. In order to maintain the staggered nature of the seats
on the TIF Commission, the appointment term for both Mr. Orrell and Mr. Thompson should
have been for a 4 year term. In order to eliminate any future confusion and get the staggered
terms back on track, staff recommends extending the appointments of Donald Orrell and Allan
Thompson for an additional year with a new expiration date of November 2010.

If the Resolution is adopted, the TIF Commission would consist of the following appointees:
          Donald B. Orrell         Term Expiring in 2010
          Allan Thompson           Term Expiring in 2010
          W. Glenn Dooley          Term Expiring in 2011
          Jim Sanford              Term Expiring in 2011
          Gerald B. Young          Term Expiring in 2013
          Larry Coleman            Term Expiring in 2009 (staff is attempting to contact Mr.
                                                                                  Coleman to determine if he desires to
                                                                                  renew for a 4 year term expiring in 2013
                                                                                  – his reappointment is not addressed in
                                                                                  this Resolution)

Sponsor(s): Mayor Bower
V:\ Board of A ldermen M eetings\ A gendas\ A gendas 2009\ 11-17-09\ Reso ReA ppointing Young, Orrell and Dooley-TIF Commission 2009
RBA .doc
                                                                    RESOLUTION NO. R-2207-09


A RESOLUTION AUTHORIZING AND APPROVING THE REAPPOINTMENT OF GERALD
YOUNG, W. GLENN DOOLEY AND EXTENDING THE TERMS OF THE EXISTING
APPOINTMENTS OF DONALD ORRELL AND ALLAN THOMPSON TO THE TAX INCREMENT
FINANCING COMMISSION


       WHEREAS, Ordinance 4121-95, as amended by Ordinance 4889-03, provides for the
appointment of a Tax Increment Financing (TIF) Commission within the City of Raytown; and

      WHEREAS, six members of the TIF Commission are appointed by the Mayor with
consent of a majority of the Board of Aldermen; and

         WHEREAS, in addition to the members appointed by the City, such TIF Commission is
comprised of two members appointed by the Raytown Consolidated School District Number 2,
two members appointed by Jackson County, and one member is appointed by the other taxing
jurisdictions within the City who are all appointed at the time a tax increment financing plan is
submitted for consideration; and

        WHEREAS, Gerald Young is serving a 4 year term on the TIF Commission with such term
expiring in November of 2009 or until a successor is duly appointed and the Mayor desires to
reappoint Gerald Young to a 4 year term on the TIF Commission, expiring November 1, 2013;
and

         WHEREAS, W. Glenn Dooley is serving a 4 year term on the TIF Commission with such
term expiring in November of 2007 or until a successor is duly appointed and the Mayor desires
to officially reappoint Mr. Duly to serve the remainder of a four year term expiring November 1,
2011; and

        WHEREAS, the terms of Donald Orrell and Allan Thompson were appointed incorrectly
for a 3 year terms in 2006 when they should have been for 4 year terms and the Mayor desires to
extend the appointments of Donald Orrell and Allan Thompson for one (1) additional year with
terms expiring November 1, 2010; and

       WHEREAS, the Board of Aldermen find it is in the best interest of the city to approve such
appointments as proposed by the Mayor;

     NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY
OF RAYTOWN, MISSOURI, AS FOLLOWS:

       THAT Gerald Young, 10621 E. 60th Terrace, Raytown, Missouri; is hereby reappointed as
a member of the Tax Increment Financing Commission to a 4 year term expiring on November 1,
2013, or until a successor is duly appointed; and

        FURTHER THAT W. Glenn Dooley, 10205 E. 56th Street, Raytown, Missouri; is hereby
reappointed as a member of the Tax Increment Financing Commission to the remainder of a term
expiring on November 1, 2011, or until a successor is duly appointed; and




                                                 1
                                                                RESOLUTION NO. R-2207-09

       FURTHER THAT the terms of Donald Orrell, 8214 Willow Raytown, Missouri and Allan
Thompson, 7823 Ridgeway, Raytown, Missouri are hereby extended for an additional one (1)
year such that said terms shall expire on November 1, 2010, or until a successor is duly
appointed.

        PASSED AND ADOPTED by the Board of Aldermen and APPROVED by the Mayor of
the City of Raytown, Missouri, the ____ day of _____________, 2009.




                                         ________________________________
                                         David W. Bower, Mayor

ATTEST:


____________________________
Teresa M. Henry, City Clerk
                                         Approved as to Form:


                                         ________________________________
                                         Nancy Thompson, City Attorney




                                             2
                                               CITY OF RAYTOWN
                                             Request for Board Action
         Date: November 10, 2009                                                         Resolution No. R-2208-09
         To:   Mayor and Board of Aldermen
         From: Jason Hanson, City Engineer

         Department Head Approval:

         Finance Director Approval:

         City Administrator Approval:



Action Requested: Board of Aldermen approval of a cooperative agreement with the Raytown
   Water Company to remove and relocate the water main across the 63rd Street bridge
   between Raytown Road and Raytown Trafficway and amendment of the FY2009-2010
   Budget to account for the increase in funds received by the City under such agreement.

Recommendation: The Public Works Department recommends approval of the agreement.

Analysis: This agreement sets forth the terms and conditions for relocation of the Raytown
   Water Company’s waterline under the 63rd Street Bridge. The contract calls for the City’s 63rd
   Street Bridge contractor, Radmacher Brothers Excavating Company, Inc., remove the
   existing 8” water main across the 63rd Street bridge and replace it with a 10” water main
   (inside an 18” steel casing). The City will pay Radmacher Brothers Excavating Company,
   Inc. for the work performed and will be reimbursed by Raytown Water Company for all costs
   associated with the construction.

Alternatives: N/A

Budgetary Impact: This resolution amends the budget to provide for an increase of budgeted
  funds received into the Capital Improvements Fund in the amount of $45,659.00, which will
  be paid by Raytown Water Company under the agreement. The expenses associated with
  the construction will be approved and allocated in the next agenda item.

         Not Applicable
         Budgeted item with available funds
         Non-Budgeted item with available funds through prioritization
         Non-Budgeted item with additional funds requested

                   Account Number(s):                42.66.11 54101
                   Fund:                             Capital Improvement Fund
                   Department:                       Public Works
                   City Program:                     Infrastructure
                   Department Program:               63rd Street Bridge-Water Line Replacement
                   Object Code:                      Capital Expenditures

Additional Reports Attached: Agreement with Raytown Water Company

Sponsor(s): Melson, Van Buskirk, Aziere, Ertz, Mock, Lightfoot, Hamilton




V:\ Board of A ldermen M eetings\ A gendas\ A gendas 2009\ 11-17-09\ Reso Raytow n Water A greement-63rd St Bridge RBA .doc
                                                            RESOLUTION NO. R-2208-09

A RESOLUTION AUTHORIZING AND APPROVING A COOPERATIVE AGREEMENT
WITH RAYTOWN WATER COMPANY TO INCORPORATE REMOVAL AND
CONSTRUCTION OF A NEW WATERLINE AS A PART OF THE CITY’S 63RD STREET
BRIDGE CONSTRUCTION PROJECT

        WHEREAS, when the City solicited bids for construction of the 63rd Street Bridge
Project, all bidders were requested to review plans and submit a separate bid for the removal of
an 8” waterline located under the current bridge structure and replace it with a new 10”
waterline owned by Raytown Water Company; and

       WHEREAS, Raytown Water Company reviewed the bids submitted for removal and
construction of its waterline located under the current bridge structure and determined the bid
of Radmacher Brothers was the most advantageous bid received; and

       WHEREAS, Radmacher Brothers was awarded a contract by the City to perform all
construction work for the City under the 63rd Street Bridge project; and

        WHREEAS, incorporation of the Raytown Water Company watermain construction into
the City’s construction contract with Radmacher Brothers will facilitate an orderly and
streamlined construction project for all parties; and

       WHEREAS, the repayment of all construction costs and expenses by Raytown Water
Company is set forth in the cooperative agreement attached hereto as Exhibit “A” and the
Board of Aldermen find it is in the best interests of the City to enter into the agreement with
Raytown Water Company for such purposes; and

       WHEREAS, it is necessary to amend the fiscal year 2009-2010 budget to provide for
the additional revenues which will be received by the City from Raytown Water Company under
said cooperative agreement;

      NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE
CITY OF RAYTOWN, MISSOURI, AS FOLLOWS:

       THAT the cooperative agreement between Raytown Water Company and the City of
Raytown, Missouri in substantially the same form as attached hereto, marked Exhibit “A”
and incorporated herein by reference is hereby authorized and approved;

      FURTHER THAT the Fiscal Year 2009-2010 Budget approved by Resolution R-
2189-09, is hereby amended as follows:

       To:     Account Number(s):       42.66.11 54101
               Fund:                    Capital Improvement Fund
               Department:              Public Works
               City Program:            Infrastructure
               Department Program:      63rd Street Bridge-Water Line Replacement
               Object Code:             Capital Expenditures
               Amount:                  $45,659




                                              1
                                                         RESOLUTION NO. R-2208-09


       FURTHER THAT the City Administrator is hereby authorized to execute any and all
documents necessary and to take any and all actions necessary to effectuate the terms of
the Agreement.

        PASSED AND ADOPTED by the Board of Aldermen and APPROVED by the Mayor
of the City of Raytown, Missouri, the ____ day of _____________, 2009.




                                           ________________________________
                                           David W. Bower, Mayor

ATTEST:


____________________________
Teresa M. Henry, City Clerk
                                           Approved as to Form:


                                           ________________________________
                                           Nancy Thompson, City Attorney




                                            2
                                               CITY OF RAYTOWN
                                             Request for Board Action
         Date: November 9, 2009                                                         Resolution No. R-2209-09
         To:   Mayor and Board of Aldermen
         From: Jason Hanson, City Engineer

         Department Head Approval:

         Finance Director Approval:

         City Administrator Approval:


Action Requested: Board of Aldermen approval of the 63rd Street Bridge Project Change
   Order #1 with Radmacher Brothers Excavating Company, Inc. for an increase of $45,659.00
   to add the bid line items for the water main removal and replacement along with a budget
   amendment to account for the additional expenditures (the additional revenues anticipated to
   be received from Raytown Water Company were added to the budget by the prior resolution).

Recommendation: The Public Works Department recommends approval of the Resolution to
   accept Change Order #1.

Analysis: This Change Order #1 is to add the Raytown Water Company's water main removal &
   replacement across the 63rd Street Bridge Project to the City's contract with Radmacher
   Brothers. Radmacher Brothers was the lowest and best bid on the City's line items for the
   Bridge project as well as the bid line items for the water main removal & replacement.

    The prior agenda item requested approval of an agreement between Raytown Water Co. for
    reimbursement to the City for all water line removal & replacement expenses. This
    construction item was not included in the initial project award at the Board of Aldermen
    meeting because the agreement the Raytown Water Company had not been finalized. Now
    that the agreement is finalized a change order to the construction is required and is being
    brought back to the Board of Aldermen for authorization.

Alternatives: N/A

Budgetary Impact: This change order amount of $45,659.00 results in an increased contract
  amount from $2,007,141.40 to $2,052,800.40.
         Budgeted item with available funds
                   Amount to Spend:                 $45,659.00
                   Account Number(s):               42.66.11 54101
                   Fund:                            Capital Improvement Fund
                   Department:                      Public Works
                   City Program:                    Infrastructure
                   Department Program:              63rd Street Bridge-Water Line Replacement
                   Object Code:                     Capital Expenditures

Additional Reports Attached: Change Order #1

Sponsor(s): Par-Due, Melson, Aziere, Ertz, Mock, Lightfoot




V:\ Board of A ldermen M eetings\ A gendas\ A gendas 2009\ 11-17-09\ Reso Raytow n Water CO #1-63rd St. Bridge-Radmacher RBA .doc
                                                          RESOLUTION NO. R-2209-09



A RESOLUTION AUTHORIZING AND APPROVING CHANGE ORDER NO. 1 IN THE
AMOUNT OF $45,659.00 TO THE AGREEMENT BY AND BETWEEN THE CITY OF
RAYTOWN AND RADMACHER BROTHERS EXCAVATING COMPANY FOR THE 63RD
STREET BRIDGE PROJECT, RESULTING IN A REVISED CONTRACT AMOUNT NOT
TO EXCEED $2,052,800.40

       WHEREAS, the City of Raytown (the “City”) issued an Invitation to Bid for the 63rd
Street Bridge Project; and

      WHEREAS, the bid for said project was awarded to Radmacher Brothers
Excavating Company on October 27, 2009 pursuant to Resolution 2197-09; and

      WHEREAS, the City has entered into a cooperative agreement with Raytown Water
Company to incorporate removal of an existing 8” watermain under the 63rd Street Bridge
and construction of a new 10” watermain as a part of the City’s construction contract with
Radmacher Brothers Excavating Company; and

       WHEREAS, the bid cost to remove and replace the watermain by Radmacher
Brothers Excavating Company is $45,659.00; and

        WHEREAS, the Board of Aldermen find it in the best interest of the City to authorize
and approve Change Order No. 1 to the agreement with Radmacher Brother Excavating
Company as set forth in the attached Exhibit “A” in an amount of $45,659.00, resulting in a
total revised contract amount not to exceed $2,052,800.40.

      NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE
CITY OF RAYTOWN, MISSOURI, AS FOLLOWS:

         THAT Change Order No. 1, set forth in Exhibit “A” attached herein and incorporated
herein by reference in the amount of $45,659.00 to the Agreement, by and between the
City and Radmacher Brothers Excavating Company is hereby authorized and approved for
a total revised contract amount not to exceed $2,052,800.40 for construction of the 63rd
Street Bridge project;

      FURTHER THAT the Fiscal Year 2009-2010 Budget approved by Resolution R-
2189-09, is hereby amended as follows:

       From: Account Number(s):         42.66.11 54101
             Fund:                      Capital Improvement Fund
             Department:                Public Works
             City Program:              Infrastructure
             Department Program:        63rd Street Bridge-Water Line Replacement
             Object Code:               Capital Expenditures
             Amount:                    $45,659.00




                                             1
                                                                       RESOLUTION NO. R-2209-09


        FURTHER THAT the City Administrator is authorized to execute the Change Order
and all documents necessary to the performance thereof, and the City Clerk is authorized to
attest to the same.

        PASSED AND ADOPTED by the Board of Aldermen and APPROVED by the Mayor of
the City of Raytown, Missouri, the _____ day of November, 2009.



                                                      ___________________________________
                                                      David W. Bower, Mayor

ATTEST:


___________________________
Teresa M. Henry, City Clerk

                                                      APPROVED AS TO FORM:


                                                      _________________________________
                                                      Nancy Thompson, City Attorney




                         ________________________________________________

                                                 Fiscal Note:

I hereby certify that there is a balance otherwise unencumbered to the credit of the appropriation to which this
contract is chargeable, and a cash balance otherwise unencumbered in the treasury to the credit of the fund
from which payment is to be made, each sufficient to meet the obligation set forth herein which is hereby
authorized.

                  Amount: $45,659.00
                  Account Number(s): 42 66.11 54101
                  Fund: Capital Improvement Fund
                  Department: Public Works
                  City Program: Infrastructure
                                           rd
                  Department Program: 63 Street Bridge-Water Line Replacement
                  Object Code: Capital Expenditures



Date                                                            Jeremy Willmoth, Director of Finance



                                                       2
                                                                    Change Order No.:                 1
                                                                               Project No.:
                                                                             Project Tit le: 6 3 rd St reet Bridge Project


                                                                                       TO: Radmacher Brot hers Excavat ing Co., Inc.
                                                                                ADDRESS: 5 0 1 S. Hwy 7 , Pleasant Hill, MO 6 4 0 8 0

                                                 You are hereby direct ed t o make t he f ollowing changes f rom t he Cont ract


1 . Descript ion and reason f or change: ( At t ach supplement al sheet s if required) .
  This change order is t o add t he Rayt own Wat er Company' s wat er main removal & replacement across t he 6 3 rd St reet
  Cit y' s cont ract wit h Radmacher Brot hers. Radmacher Brot hers was t he lowest and best bid on t he Cit y' s line it ems f o
  as t he bid line it ems f or t he wat er main removal & replacement . The Rayt own Wat er Co. will reimburse t he Cit y f or al
  replacement expenses.

2 . Est imat e of cost of work af f ect ed by t his Change Order.

 (A)                      (B)                                       (C)               (D)            (E)                   (F)                 (G)
                 ITEM DESCRIPTION                                UNITS                             UNITS                 UNITS              CONTRACT
ITEM                                                         PREVIOUSLY                            TO BE               OVERRUN,             OR AGREED
 NO.                                                        PROVIDED FOR             UNITS    CONSTRUCTED              UNDERRUN             UNIT PRICE

149. 18" Steel Casing (In Place)                                    0.0               LF            189                  189.0                  $69.00
150. 10" Ductile Iron Waterline (In Place)                          0.0               LF            233                  233.0                  $36.00
151. Connect To Existing (8" Coupling)                              0.0               EA              2                    2.0               $1,820.00
152. Connect To Existing (6" Coupling)                              0.0               EA              1                    1.0               $1,770.00
153. 10" RJ Valve                                                   0.0               EA              2                    2.0               $1,300.00
154. 10"x8" Reducer                                                 0.0               EA              2                    2.0                 $275.00
155. 10"x6" Reducer                                                 0.0               EA              1                    1.0                 $260.00
156. 10" 90° Bend                                                   0.0               EA              4                    4.0                 $355.00
157. 10"x10"x10" MJ Tee                                             0.0               EA              1                    1.0                 $465.00
158. 10" End Cap                                                    0.0               EA              1                    1.0                 $220.00
159. Adjustable Roll with Support Strap                             0.0               EA             11                   11.0                 $500.00
160. 18" Neoprene Boot                                              0.0               EA              1                    1.0                 $790.00
161. 10" Neoprene Boot                                              0.0               EA              1                    1.0                 $675.00
162. Relocate Service Line                                          0.0               LS              1                    1.0               $1,550.00
163. Plug & Abandon Ex. 8" Waterline                                0.0               EA              2                    2.0               $1,120.00
164. Water Service Connections                                      0.0               EA              2                    2.0               $1,275.00
                                                                                                                                               TOTALS:


3 . Set t lement of cost of t he above change t o be made at Cont ract unit prices, except as not ed:
  Cost s were based on Bid prices.




1 . CONTRACT AMOUNT                                                                           $ 2 ,0 0 7 ,1 4 1 .4 0   The Terms of Set t lement Out
2 . OVERRUN THIS ORDER ( H-I)                                  $ 4 5 ,6 5 9 .0 0                                       Hereby Agreed t o.            Radm
3 . OVERRUN PREVIOUS                                                      $ 0 .0 0                                               Name:
       ( LINE 4 ON PREV. ORDERS)
4 . TOTAL OVERRUN TO DATE ( 2 +3 )                                                                $ 4 5 ,6 5 9 .0 0               Tit le:


5 . TOTAL ( 1 +4 )                                                                            $ 2 ,0 5 2 ,8 0 0 .4 0             Dat e:
Submit t ed by Jason Hanson   Dat e
Cit y Engineer




Approved by Andy Noll         Dat e
Public Works Direct or
     Dat e:       11/ 9/ 2009




t Bridge Project t o t he
or t he Bridge project as well
ll wat er line removal &




       (H)             (I)
    AMOUNT          AMOUNT
       OF              OF
   OVERRUN         UNDERRUN

    $13,041.00
     $8,388.00
     $3,640.00
     $1,770.00
     $2,600.00
       $550.00
       $260.00
     $1,420.00
       $465.00
       $220.00
     $5,500.00
       $790.00
       $675.00
     $1,550.00
     $2,240.00
     $2,550.00
    $45,659.00             $0.00




lined Above are
macher Brothers Exc. Co.
                                               CITY OF RAYTOWN
                                             Request for Board Action
         Date: November 10, 2009                                                        Resolution No. R-2010-09
         To:   Mayor and Board of Aldermen
         From: Jason Hanson, City Engineer

         Department Head Approval:

         Finance Director Approval:

         City Administrator Approval:



Action Requested: Board of Aldermen approval of the 2008 Manhole & Sanitary Sewer
   Rehabilitation Change Order #2 with I-CON Underground LLC for a decrease of $9,008.50,
   acceptance of the work performed under the contract, and authorization of final payment
   under the contract.

Recommendation: The Public Works Department recommends approval of the Resolution to
   finalize the project.

Analysis: This Change Order #2 is to bring the quantities to the final measured amounts. Line
   item #1 for the manhole sealing overran by about 4% which was due to adding a manhole
   and adjustments from final measured quantities. Line item #4 under ran by 1 manhole due to
   it being sealed instead of removed/replaced. Line item #6 under ran due to the sanitary
   sewer main being in too bad of shape to line, and will need to be removed & replaced at
   another time. Line item #7 overran a little to final measured quantity. Line item #9 is a new
   line item to pay for the work of televising and cleaning of the sewer main, but then finding out
   it was in too poor of condition to have the liner installed.

Alternatives: N/A

Budgetary Impact: This change order amount of -$9,008.50 results in a decreased contract
  amount from $319,658.00 to $310,649.50.
         Not Applicable
         Budgeted item with available funds
         Non-Budgeted item with available funds through prioritization
         Non-Budgeted item with additional funds requested
                   Account Number(s):               51.66.11 53599
                   Fund:                            Sanitary Sewer Fund
                   Department:                      Public Works
                   City Program:                    Infrastructure – Sanitary Sewer
                   Department Program:              Contractual Services
                   Object Code:                     Miscellaneous
                   Amount to Spend:                 $310,649.50

Additional Reports Attached: Change Order #2-Final, Pay Application #2-Final,

Sponsor(s): Van Buskirk, Aziere, Melson, Ertz, Mock, Lightfoot




V:\ Board of A ldermen M eetings\ A gendas\ A gendas 2009\ 11-17-09\ Reso Change Order #2 and Final Pay-ICON RBA .doc
                                                             RESOLUTION NO. R- 2210-09

A RESOLUTION AUTHORIZING AND APPROVING CHANGE ORDER NO. 2 TO THE
AGREEMENT BY AND BETWEEN THE CITY OF RAYTOWN AND I-CON
UNDERGROUND FOR THE NORTH RAYTOWN SEWERSHED MANHOLE
REHABILITATION PROJECT, ACCEPTING ALL WORK PERFORMED UNDER SAID
CONTRACT AND AUTHORIZING FINAL PAYMENT IN THE AMOUNT OF $310,649.50

       WHEREAS, the City of Raytown (the “City”) issued its Invitation to Bid for Manhole
Rehabilitation for the North Raytown Sewersheds within the City; and

     WHEREAS, the bid for said project was awarded to I-CON Underground, LLC on
December 2, 2008 pursuant to Resolution 2108-08; and

       WHEREAS, change order No. 1 to the contract was authorized on April 14, 2009
pursuant to Resolution R-2142-09 in the amount of $20,765.00 for repair of three additional
sections of 8” sanitary sewer main removal; and

        WHEREAS, during construction of the remaining sewershed improvements,
adjustments in quantities of various line items set forth in the contract resulted in a
decrease in the amount due to the contractor under the contract in the amount of $9,008.50
as set forth in Exhibit “A” attached hereto, and

         WHEREAS, the Board of Aldermen find it in the best interest of the City to authorize
and approve Change Order No. 2 to the agreement with I-CON Underground, LLC as set
forth in the attached Exhibit “A”, reducing the contract amount by $9,008.50, resulting in a
total revised contract amount not to exceed $310,649.50; and

      WHEREAS, the Board of Aldermen find that all work performed under the contract
has been completed to the satisfaction of the City and is hereby accepted; and

       WHEREAS, the Board of Aldermen desire to authorize final payment under the
contract with I-CON Underground for construction of the North Raytown Sewershed
Manhole Rehabilitation Project;

      NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE
CITY OF RAYTOWN, MISSOURI, AS FOLLOWS:

       THAT Change Order No. 2 to the Agreement entered into by and between the City
of Raytown and I-CON Underground, LLC, set forth in Exhibit “A” attached herein and
incorporated herein by reference reducing the contract amount by $9,008.50 is hereby
authorized and approved;

       FURTHER THAT the work performed under contract between I-CON Underground,
LLC and the City is hereby accepted and final payment under such contract is hereby
authorized and approved;

       FURTHER THAT the City Administrator and all other required city officials are
authorized to execute Change Order No. 2 and all documents necessary or incidental to the
performance thereof, accept the work performed under the contract and make final
payment thereon.


                                              1
                                                                                 RESOLUTION NO. R- 2210-09


        PASSED AND ADOPTED by the Board of Aldermen and APPROVED by the Mayor
of the City of Raytown, Missouri, the _____ day of November, 2009.




                                                            ________________________________
                                                            David W. Bower, Mayor
ATTEST:

____________________________
Teresa M. Henry, City Clerk                                 Approved as to Form:


                                                            ________________________________
                                                            Nancy Thompson, City Attorney




                                ________________________________________________

                                                       Fiscal Note:

I hereby certify that there is a balance otherwise unencumbered to the credit of the appropriation to which this contract is
chargeable, and a cash balance otherwise unencumbered in the treasury to the credit of the fund from which payment is to be
made, each sufficient to meet the obligation set forth herein which is hereby authorized.

                   Amount of Change Order #2: -$9,008.50
                   Revised Contract Amount: $310,649.50
                   Account Number(s): 51.66.11 53599
                   Fund: Sanitary Sewer Fund
                   Department: Public Works
                   City Program: Infrastructure – Sanitary Sewer
                   Department Program: Contractual Services
                   Object Code: Miscellaneous



Date                                                                  Director of Finance




                                                             2
                                                                         Change Order No.:           2 - Final
                                                                                  Project No.:                                                                    Dat e:       11/ 10/ 2009
                                                                                 Project Tit le: 2 0 0 8 Manhole & Sewer Rehabilit at ion




                                                                                            TO: I-CON Underground, LLC
                                                                                     ADDRESS: 1 2 7 5 1 2 0 6 t h St reet Linwood, Kansas 6 6 0 5 2



                                                 You are hereby direct ed t o make t he f ollowing changes f rom t he Cont ract


1 . Descript ion and reason f or change: ( At t ach supplement al sheet s if required) .
  This change order is t o bring t he est imat ed quant it ies t o t he f inal measured f ield quant it ies.




2 . Est imat e of cost of work af f ect ed by t his Change Order.

 (A)                      (B)                                           (C)                (D)           (E)                    (F)                (G)             (H)               (I)
                 ITEM DESCRIPTION                                     UNITS                            UNITS                  UNITS             CONTRACT         AMOUNT          AMOUNT
ITEM                                                            PREVIOUSLY                             TO BE                OVERRUN,            OR AGREED          OF                OF
 NO.                                                           PROVIDED FOR               UNITS   CONSTRUCTED              UNDERRUN             UNIT PRICE       OVERRUN        UNDERRUN

  1.    Cem. MH Sealing (<8' deep)                                         400.0           VF                415.7               15.70              $115.00        $1,805.50

  4.    Manhole Remove & Replace                                              14.0         EA                  13.0              -1.00             $5,500.00                        ($5,500.00)

  6.    8" Cured-in-place Pipe                                           3,338.0           LF              3,112.0             -226.00               $26.00                         ($5,876.00)

  7.    12" Cured-in-place Pipe                                               98.0         LF                100.0                2.00               $50.00         $100.00

  9.    TV & Clean Only (8308 to 8320 Laurel)                                  0.0         LF                220.0              220.00                   $2.10      $462.00

                                                                                                                                                   TOTALS:         $2,367.50       ($11,376.00)


3 . Set t lement of cost of t he above change t o be made at Cont ract unit prices, except as not ed:
   Cost s were based on cont ract unit prices, and mut ually agreed on prices.




1 . CONTRACT AMOUNT                                                                                  $ 2 9 8 ,8 9 3 .0 0    The Terms of Set t lement Out lined Above are
2 . OVERRUN THIS ORDER ( H-I)                                       ( $ 9 ,0 0 8 .5 0 )                                    Hereby Agreed t o:             I-CON Underground, LLC
3 . OVERRUN PREVIOUS                                                $ 2 0 ,7 6 5 .0 0                                             Name:
       ( LINE 4 ON PREV. ORDERS)
4 . TOTAL OVERRUN TO DATE ( 2 +3 )                                                                    $ 1 1 ,7 5 6 .5 0               Tit le:


5 . TOTAL ( 1 +4 )                                                                                   $ 3 1 0 ,6 4 9 .5 0              Dat e:




Submit t ed by Jason Hanson                                                                             Dat e
Cit y Engineer




Approved by Mahesh Sharma                                                                               Dat e
Cit y Administ rat or
Engineers Pay Application & Contractors Request for Payment
Project Name:          2008 Manhole & Sanitary Sewer Rehabilitaion                                                                                                            Estimate No. 2 - Final
Owner:                 City of Raytown
Contract No.           2008 01-02-04                                                                                                               For work completed through October 31, 2009
Contractor:            I-CON Underground LLC                                                                                                       Date: November 10, 2009
                                                                                                                          Previously                      Items for Payment
                           SCHEDULE OF VALUES                                                                             Completed                             This Period                  Amount
                                         Unit          Est.                              Rev.       Final                                          Meas.                                    Completed
                Item                     Price         Qty.     Unit       Amount        Qty.      Amount      Quantity       Amount     Percent Quantity       Amount        Percent        To Date
 1. Cem. MH Sealing (<8' deep)           $115.00         400 V.F. $        46,000.00     415.7 $ 47,805.50       400.0    $ 46,000.00     96.22%      15.7 $     1,805.50       3.78% $       47,805.50
 2. Cem. MH Sealing (>8' deep)           $115.00          77 V.F. $         8,855.00      77.0 $    8,855.00      77.0    $   8,855.00   100.00%            $         -                 $      8,855.00
 3. Cem. MH Sealing Ben. & Inv.          $350.00          84 EA. $         29,400.00      84.0 $ 29,400.00        84.0    $ 29,400.00    100.00%            $         -                 $     29,400.00
 4. Manhole Rem. & Rep.                $5,500.00          14 EA. $         77,000.00      13.0 $ 71,500.00                                            13.0 $ 71,500.00        100.00% $       71,500.00
 5. 10" Dia. SDR 26 PVC Pipe -           $275.00         238 L.F. $        65,450.00     238.0 $ 65,450.00       238.0    $ 65,450.00    100.00%            $         -                 $     65,450.00
 6. 8" Cured-in-place Pipe                $26.00 2,588 L.F. $              67,288.00    3,112.0 $ 80,912.00    3,112.0    $ 80,912.00    100.00%            $         -                 $     80,912.00
 7. 12" Cured-in-place Pipe               $50.00          98 L.F. $         4,900.00     100.0 $    5,000.00      98.0    $   4,900.00    98.00%       2.0 $       100.00       2.00% $        5,000.00
 8. Raise Manholes to Grade            $1,265.00              0 L.S. $           -         1.0 $    1,265.00                                           1.0 $     1,265.00     100.00% $        1,265.00
 9. TV & Clean Only                        $2.10              0 L.F. $           -       220.0 $     462.00                                          220.0 $       462.00     100.00% $         462.00
Original Contract Amount                                               $ 298,893.00
                                                                                                                                                   Amount This Period                   $     75,132.50
Change Order Number 1                                                  $   20,765.00
Change Order Number 2                                                  $   (9,008.50)                                                              Amount Previously Completed          $ 235,517.00


Current Contract Amount                                                $ 310,649.50                                                                Amount Completed to Date             $ 310,649.50
Percent Completed                                                           100.00%                                                                Materials On Hand                    $           -
                                                                                                                                                                              Subtotal $ 310,649.50
In accordance with the Contract Documents it is the opinion of the Engineer that this application is correct and payable.
                                                                                                                                                                     0.0% Retainage $               -


       CONTRACTOR:                                    City of Raytown, Missouri                                                                             Net Amount This Estimate $ 310,649.50



 By:                                            By:                                                                                                         Payment #1 to Contractor $ 211,965.30
       I-CON Underground LLC                          Project Manager                                                                                       Payment #2 to Contractor $                -
                                                                                                                                                        Total Payments to Contractor $ 211,965.30
                                                By:
                                                      Public Works Director                                                                           Amount Remaining in Contract $                  -



                                                                                                                                                                AMOUNT PAYABLE =        $     98,684.20
                                  CITY OF RAYTOWN
                                Request for Board Action
       Date: November 12, 2009                                        Bill No. 6193-09
       To: Mayor and Board of Aldermen                                Section No. IV-E
       From: Beth Linn, Community Development Director
       Department Head Approval:
       City Administrator Approval:
       Finance Director Approval: ________________________ (only needed if fiscal impact)


Action Requested: Perform first reading of an ordinance re-establishing the Human
Relations Commission.

Recommendation: Perform the first reading of the ordinance.

Analysis: This ordinance re-establishes the Human Relations Commission and removes
offenses related to discriminatory practices from the administrative chapter of the City Code.

The City of Raytown Human Relations Commission was first established on September 2,
2003. The proposed ordinance changes the composition of the commission including
increasing the membership from nine to eleven, adding student voting and non-voting
members, and updating the goals to reflect a proactive approach of prevention and education
of diversity. The next agenda item addresses re-enactment of the offenses related to
discriminatory practices in the City Code chapter entitled Offenses and Miscellaneous
Provisions.

On July 30, 2009, the Human Relations Commission held a goal setting session to determine
their areas of focus for the coming year. The first priority identified during that session was the
organization of the commission. The Commission has struggled with the current ordinance and
its reactionary emphasis placed on complaints of discrimination and investigation of those
complaints. The Commission felt their focus and talents would be better spent in a proactive
approach within community focusing on celebration, education and prevention. Staff worked
with the Commission to draft an updated Mission Statement and revise the proposed
ordinance before the Board of Aldermen to better align the goals of the Commission with the
desired proactive approach.

In support of focusing their efforts on proactive activities within the community, the HRC also
identified three other focus areas and goals within those areas. These focus areas were used
to draft the “Goals, power and duties” section of the proposed ordinance. The three focus
areas are outside agency involvement, promotion and celebration of events and organization
of community and neighborhood.

Discussion of outside agency involvement led the Commission to suggest changing the
structure of the Commission to include student members. The proposed ordinance calls for two
voting student members (one from each high school) and two advisory student members (one
from each high school). The Commission felt that participation from the schools was a critical
component in preventing discrimination and promoting an appreciation for people from
different backgrounds.
The Commission also discussed the importance of promotion and celebration of events. They
want to get out into the community to promote and education the citizens about being a diverse
community and how we welcome people from all different backgrounds. The HRC would like to
be a positive public relations group for the City in celebrating all of its citizenry and look for
opportunities to bring people together, such as the Martin Luther King Jr. Celebration.

Finally, the HRC saw an opportunity for them to get out into the neighborhoods and gather
people together that might not come together on their own. They could help encourage
neighborhood groups. The HRC could be a group to help foster relationships between
neighbors and give them tools they need to build community.

Alternatives: Not approving the proposed ordinance would keep the existing City Code
provisions and HRC structure in effect.

Fiscal Impact: 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

Additional Reports Attached:      Ordinance and HRC Mission Statement

Sponsor(s): Mayor Bower and Alderman Par-Due
   H U M A N R E L AT I O N S C O M M I S S I O N
                  M I S S I O N S TAT E M E N T
    To a s s i s t i n t h e c o m m u n i t y a n d e c o n o m i c
development of Raytown by promoting the
cultural, racial, and ethnic diversity of its
citizenry and by helping to resolve inter-
per sonal disputes that may ar ise. In addition,
the Commission will seek to maintain an active
presence in community events and activities to
fur ther its goals and objectives.
                                                    Adopted August 20, 2009
BILL NO. 6193-09                       ORDINANCE NO. ____________                              SECTION NO. IV-E

AN ORDINANCE AMENDING CHAPTER 2 - ADMINISTRATION, ARTICLE XIII – HUMAN
RELATIONS OF THE CITY CODE BY REPEALING SECTIONS 2-240 THROUGH 2-269 AND
ENACTING IN LIEU THEREOF A NEW ARTICLE XIII, CHAPTER 2 RE-ESTABLISHING
AND REORGANIZING THE ESTABLISHMENT OF A HUMAN RELATIONS COMMISSION
WITHIN THE CITY OF RAYTOWN
      WHEREAS, the City of Raytown established a Human Relations Commission
pursuant to Ordinance 4911-03 adopted on September 2, 2003; and
        WHEREAS, said ordinance also included unfair housing practices, unlawful
employment practices, and requirements for places of public accommodation as well as the
establishment of penalties for violation of the City Code for engaging in discriminatory
practices; and
        WHEREAS, the role of the Human Relations Commission as a proactive voice within
the community is lost by its inclusion with enumerated prohibitive and punitive discriminatory
practices; and
      WHEREAS, separation of the organization, goals and duties of the Human Relations
Commission from the enumeration of discriminatory practices which are a violation of the City
Code more clearly defines the goals of the Commission while preserving the ability of the
Commission to receive and resolve complaints alleging discriminatory acts; and
       WHEREAS, the Board of Aldermen support a diverse citizenry desire to restate the
commitment of the City to reducing tensions created by ignorance and bigotry and
discriminatory practices arising from prejudice; and
        WHEREAS, the proactive goals and objectives of the Human Relations Commission
are further supported by increasing the number of members who serve on the Human
Relations Commission from 9 to 11, plus one voting student member from each high school,
and adding an additional non-voting student advisory member from each high school; and
        WHEREAS, the Board of Aldermen find it is in the best interest of the City to amend
the City Code as provided herein;
      NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE
CITY OF RAYTOWN, MISSOURI, AS FOLLOWS:
       SECTION 1 – AMENDMENT OF CHAPTER 2, ARTICLE XIII OF THE CITY CODE.
Chapter 2 - Administration, Article XIII – Human Relations, of the City Code is hereby amended
by repealing Sections 2-240 through 2-269 and enacting in lieu thereof Sections 2-240 through
2-242 to read as follows:

                               ARTICLE XIII – HUMAN RELATIONS COMMISSION

       Sec. 2-240. Establishment of Human Relations Commission.

       The Raytown Human Relations Commission is hereby established for the purpose of
       eliminating and preventing discrimination and prejudice within the community, educating
       the public on diversity issues and promoting positive relationships between people. The
       Commission shall assist in the community and economic development of the City by
       promoting the cultural, racial, and ethnic diversity of the citizens of the City of Raytown
       and aid in the resolution of inter-personal disputes that may arise.


                                                              1

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BILL NO. 6193-09                       ORDINANCE NO. ____________                              SECTION NO. IV-E

       Sec. 2-241. Composition and organization of Commission.

       (1) Regular members. The Commission shall consist of eleven (11) members, who are
           residents of the City and who shall serve without compensation. The members shall
           have demonstrated a strong commitment to human rights and a belief in the principles
           of equal opportunity described in this article. The Mayor with the approval of a
           majority the Board of Aldermen shall appoint the members of the Commission. Of the
           eleven (11) members first appointed, four (4) shall be appointed for one year, four (4)
           for two years and three (3) for three years. Thereafter, appointments shall be for
           terms of three (3) years, except that appointments to fill vacancies shall be for the
           portion of the unexpired term only. All members shall continue in office until their
           successors shall have been appointed and qualified.

       (2) Student members. In addition, there shall be two (2) student members of the Human
           Relations Commission. One (1) student member shall be appointed from each
           Raytown C-2 School District high school. Each student member must be either a
           junior or senior student and shall be nominated by the principal of each respective
           high school. The Human Relations Commission shall review the nominations and
           make a recommendation for appointment to the Mayor. The appointment of the
           student members shall be made by the Mayor with consent of the Board of Aldermen.
           Student members shall serve a one (1) year term from September 1 to August 31 as
           a voting member of the Commission. In addition to the voting student member, one
           non-voting student advisory member shall be designated from each high school. The
           student advisory members must be either a freshman or sophomore and shall be
           appointed in the same manner as provided for voting student members.

       (3) Composition. It is the desire of the City that the Commission be empathetic and
           representative of the many diverse groups within the community and that the
           members of the Commission contain varied skills to enhance the goals and objectives
           of the Commission.

       (4) Chair, vice-chair and other officers.

            The Commission shall elect one of its members as chairperson. The Commission
            shall elect, in the same manner, one of its members as vice-chairperson, who shall
            act as chairperson during the absence or inability of the chairperson; when so acting,
            the member so designated shall have and perform all the duties and functions of the
            chairperson of the Commission. The term of office of the chairperson and vice-
            chairperson shall be for one year, or until a successor is elected and qualified. The
            chairperson shall be the presiding officer at all meetings of the Commission.

            The Commission may also elect a secretary, a treasurer or any combination of
            officers that it finds advisable for the efficient carrying out of its purposes. The chair
            shall have the right to vote on any matter that comes before the Commission.

            Any officer of the Commission may resign from office at any time during their term
            and may do so without resigning from the Commission. In such event, the
            Commission shall elect another member to serve for the unexpired term of the person
            resigning, or until a successor is duly elected and qualified.


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BILL NO. 6193-09                       ORDINANCE NO. ____________                              SECTION NO. IV-E

       (5) Quorum. A majority of the members of the Commission shall constitute a quorum for
           the purpose of conducting business.

       (6) Official action. No member(s) of the Commission shall attempt to act on any matter
           or on behalf of the Commission unless the Commission has given prior approval to
           such action.

       (7) Resignation and removal of members.

            Any member of the Commission may submit their resignation to serve as a member
            of the Commission by notifying the Mayor, in writing, of such resignation.

            Any person serving on the Commission who shall fail to attend three (3) consecutive,
            regular meetings of the Commission shall be deemed to have automatically resigned
            as a member of the Commission and shall be removed as a member of the
            Commission, without further action required. Attendance absences may be excused
            by the chair of the Commission and, if excused, shall not be deemed to be failure of a
            member to attend a meeting as provided herein. The chair shall notify both the
            member and the Mayor, in writing, of the automatic resignation and removal of any
            member who fails to attend three (3) consecutive, regular meetings.

            Any member of the Commission may be otherwise removed by the Mayor with
            consent of a majority of the Board of Aldermen.

            In the event there is a resignation or removal of a member, a successor shall be
            appointed to fulfill the remainder of the unexpired term. The appointment of such
            successor shall be by the Mayor with consent of the Board of Aldermen.

       (8) Liaison(s). The Mayor may appoint a member of the Board of Aldermen as a liaison
           to the Commission. The Mayor may permit other community groups to appoint
           liaisons to the Commission, which liaisons shall be designated by the community
           group, for the purpose of providing additional information, encouraging
           communication, and assisting the Commission in the execution of its powers and
           duties. Liaisons shall be ex-officio, non-voting members of the Commission.

       Sec. 2-242. Goals, powers and duties.

       The goals, powers and duties of the Commission shall be:

       (1) To seek to eliminate and prevent discrimination because of race, color, religion,
           national origin, ancestry, sex, age, disability or familial status;
       (2) To endeavor to eliminate prejudice among the various groups in this city and to create
           harmonious relationships among the various persons and agencies within the
           community;
       (3) To foster, through community efforts or otherwise, good will, cooperation, conciliation,
           and sympathetic understanding among all groups, elements, and individuals;
       (4) To conduct research, publish, and utilize studies in the field of inter-group relations
           and to develop and implement procedures to educate the community, equalize
           opportunities, eliminate discrimination and promote good will among all persons;

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BILL NO. 6193-09                       ORDINANCE NO. ____________                              SECTION NO. IV-E

       (5) To actively promote the purpose of, and distribute information about, the Commission
           through public appearances, speaking engagements, new media, publications, etc.
           and to issue such publications as, in its judgment will tend to promote good will and
           minimize or eliminate discrimination;
       (6) To act in an advisory capacity and its function shall be to further amicable relations
           among the various segments of the population that comprise the community of
           Raytown; to help preserve and further the good name of Raytown for tolerance and
           fairness and promote better relations among its people; to help make it possible for
           each citizen regardless of race, color, religion, national origin, ancestry, sex, age,
           disability, or familial status to develop talents and abilities without limitations; and to
           aid in permitting the community to benefit from the fullest realization of its human
           resources;
       (7) To advise the Mayor and Board of Aldermen of the city on problems affecting human
           and inter-group relations and recommend such measures as are deemed necessary
           to carry out the objectives for which the Commission has been created; consult with
           and obtain cooperation and coordinate efforts on the part of all agencies, both private
           and public, such as schools, law enforcement agencies, welfare organizations, youth
           and other similar groups, which function in the field of human relations; utilize the
           resources of individuals and groups toward the improvement of inter-group relations;
           enlist all potential community forces in an effort to make more secure and to extend
           democratic rights, opportunities and practices; and influence and encourage
           community support for educational programs and appropriate legislation to further
           such objectives.
       (8) To combat those misconceptions, prejudices, and untruths which tend to set group
           against group;
       (9) To reduce tensions created by ignorance and bigotry and discriminatory practices
           arising from prejudice;
       (10) To invite and enlist the cooperation of any citizen, organization or committee which
           can be of benefit in fulfilling the responsibilities of the Human Relations Commission
           in carrying out specific programs designed to lessen conflicts and in improving
           understanding in the community;
       (11) To receive, record, investigate, and seek to resolve any complaint which is within the
           jurisdiction of the Commission;
       (12) To refer individuals and/or information to other agencies or persons when
           appropriate;
       (13) To serve as a resource/liaison for information, training, education and outreach
           efforts;
       (14) To adopt such bylaws, rules of procedure and regulations as may be deemed
           necessary to conduct its meetings, conciliation conferences, public hearings and
           general operations and to carry out the purposes of the Commission;
       (15) To cooperate with and render technical assistance to federal, state, local, and other
           public or private agencies, organizations, and institutions that are formulating or
           carrying on programs to prevent or eliminate discriminatory practices;
       (16) To request and accept contributions from any person or government unit to assist in
           the effectuation of the duties of the Commission, and to seek and enlist the
           cooperation, including financial assistance of private, charitable, religious, labor, civic,
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BILL NO. 6193-09                       ORDINANCE NO. ____________                              SECTION NO. IV-E

            or benevolent organizations so long as the conditions of the grant, gift or bequest are
            not inconsistent with the purposes of the Commission and are used to achieve the
            purposes of the Commission. Expenditures of funds shall be in accordance with the
            City's purchasing policy and procedures;
       (17) To request of the City Administrator suitable and qualified personnel assistance
           should the Commission ever have the need for such services; and
       (18) To provide each year to the Mayor and Board of Aldermen a full written report of all
           its activities and of its recommendations.

       SECTION 2 – REPEAL OF ORDINANCES IN CONFLICT. All ordinances or parts of
ordinances in conflict with this ordinance are hereby repealed.
        SECTION 3 – 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 4 – 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 ____ day of ____________________, 2009.



                                                            ________________________________
                                                            David Bower, Mayor

ATTEST:

____________________________
Teresa Henry, City Clerk
                                                            Approved as to Form:

                                                            ________________________________
                                                            Nancy Thompson, City Attorney




                                                              5

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                                                CITY OF RAYTOWN
                                              Request for Board Action
         Date: November 12, 2009                                                                   Bill No. 6194-09
         To: Mayor and Board of Aldermen                                                           Section No. XVII
         From: Beth Linn, Community Development Director
         Department Head Approval:
         City Administrator Approval:
         Finance Director Approval: ________________________ (only needed if fiscal impact)


Action Requested: Perform first reading of an ordinance restating and re-codifying
discriminatory practices within the City.

Recommendation: Perform first reading of the bill.

Analysis:      This ordinance re-enacts the prohibitions against unlawful discriminatory
practices within the City which were removed from Chapter 2 of the City Code by the prior bill
on the Board of Aldermen agenda. The ordinance would restore the unlawful acts in Chapter
13 of the City Code, which is entitled “Offenses and Miscellaneous Actions”, which staff
believes is a more appropriate location for the unlawful discriminatory acts to be codified.

It is important to retain city code provisions addressing unlawful housing practices and the
need to provide reasonable accommodations under the federal Fair Housing Act. Compliance
and enforcement of non-discriminatory housing laws are a requirement for participation in any
grant programs administered by the Department of Justice and the Department of Housing and
Urban Development.

The provisions contained in the proposed ordinance are exactly the same provisions which
were removed from Chapter 2 with the sole exception of the section entitled “Complaints”
contained on page 9 of the bill. Subsections (b) and (d) of the “Complaints” section were
modified to make it permissive for the Human Relations Commission to investigate complaints,
to provide the alternative of referral of a complaint to any state or federal agency for
investigation and handling, and to allow the HRC to appoint a member to assist a complainant
with filing of a complaint with any state or federal agency in lieu of investigation and handling of
such complaint by the HRC. These changes reflect the commission’s desire to provide
proactive assistance and not be solely responsible for handling complaints, while allowing the
commission the ability to engage in mediations and conciliatory activities when deemed
appropriate.

Alternatives: Not amend the City Code to separate the sections establishing the HRC from
the sections prohibiting unlawful discriminatory practices.

Budgetary Impact:
         Not Applicable
Sponsor(s): Mayor Bower and Alderman Par-Due


V:\ Board of A ldermen M eetings\ A gendas\ A gendas 2009\ 11-17-09\ Ord Unlaw ful Discriminatory Practices RBA.doc
BILL NO. 6194-09                       ORDINANCE NO. ____________                                SECTION NO. XVII

AN ORDINANCE AMENDING CHAPTER 13 – OFFENSES AND MISCELLANEOUS
PROVISIONS OF THE CITY CODE BY ADDING A NEW ARTICLE XII ENTITLED
DISCRIMINATORY PRACTICES TO SAID CHAPTER 13, AND PROVIDING A PENALTY
FOR VIOLATION THEREOF.
      WHEREAS, the City of Raytown established a Human Relations Commission
pursuant to Ordinance 4911-03 adopted on September 2, 2003; and
        WHEREAS, said ordinance also included unfair housing practices, unlawful
employment practices, and requirements for places of public accommodation as well as the
establishment of penalties for violation of the City Code for engaging in discriminatory
practices; and
        WHEREAS, the Board of Aldermen have determined it is in the best interest of the
City to separate the organization of the Human Relations Commission from the City Code
sections setting forth unlawful discriminatory practices within the City as provided herein;
      NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE
CITY OF RAYTOWN, MISSOURI, AS FOLLOWS:
       SECTION 1 – AMENDMENT OF CITY CODE. Chapter 13 – Offenses of the City Code
is hereby amended by adding a new Article XII - Discriminatory Practices with the sections
contained therein to be numbered by the codifier of ordinances, which article and sections shall
read as follows:

                     CHAPTER 13 – OFFENSES AND MISCELLANEOUS PROVISIONS
                           ARTICLE XII – DISCRIMINATORY PRACTICES

       Sec. 13-____. Definitions.
       The following words, terms and phrases, when used in this article, shall have the
       meanings ascribed to them in this section, except where the context clearly indicates a
       different meaning:
       Age means forty (40) or more years.
       Chair means the chair of the human relations commission as created by the Board of
          Aldermen.
       City means the City of Raytown, Missouri.
       Commission means the human relations commission.
       Complainant means a person who has filed a complaint with the commission alleging
         that another person has engaged in a discriminatory practice.
       Complaint means a written charge of discrimination alleging that person has engaged in
         a discriminatory practice.
       Disability means a physical or mental impairment which substantially limits one (1) or
          more of a person's major life activities, being regarded as having such an impairment,
          or a record of having such an impairment, which with or without reasonable
          accommodation does not interfere with performing the job, utilizing the place of public
          accommodation, or occupying the dwelling in question. For purposes of this article,
          the term "disability" does not include current, illegal use of or addiction to a controlled
          substance as such term is defined by section 195.010, RSMo.; however, a person
          may be considered to have a disability if that person:

                                                                1

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BILL NO. 6194-09                       ORDINANCE NO. ____________                                SECTION NO. XVII

            (1) Has successfully completed a supervised drug rehabilitation program and is no
                longer engaging in the illegal use of, and is not currently addicted to, a controlled
                substance or has otherwise been rehabilitated successfully and is no longer
                engaging in such use and is not currently addicted;
            (2) Is participating in a supervised rehabilitation program and is no longer engaging in
                illegal use of controlled substances; or
            (3) Is erroneously regarded as currently illegally using, or being addicted to, a
                controlled substance.
       Discrimination means any unfair treatment based on race, color, religion, national origin,
          ancestry, sex, age as it relates to employment, disability, or familial status as it relates
          to housing.
       Dwelling means any building, structure or portion thereof which is occupied as, or
         designed or intended for occupancy as, a residence by one or more families, and any
         vacant land which is offered for sale or lease for the construction or location thereon
         of any such building, structure or portion thereof.
       Employer means any person employing six (6) or more persons within the state, and any
         person directly acting in the interest of an employer, but does not include corporations
         and associations owned and operated by religious or sectarian groups.
       Employment agency means any person or agency, public or private, regularly
         undertaking with or without compensation to procure employees for an employer or to
         procure for employees opportunities to work for an employer and includes any person
         acting in the interest of such a person.
       Familial status means one or more individuals who have not attained the age of
          eighteen (18) years being domiciled with:
            (1) A parent or another person having legal custody of such individual; or
            (2) The designee of such parent or other person having such custody, with the written
                permission of such parent or other person.
            The protections afforded against discrimination on the basis of familial status shall
            apply to any person who is pregnant or is in the process of securing legal custody of
            any individual who has not attained the age of eighteen (18) years.
       Family shall include a single individual.
       Housing for older persons means housing:
            (1) Provided under any state or federal program that the commission determines is
                specifically designed and operated to assist elderly persons, as defined in the
                state or federal program;
            (2) Intended for, and solely occupied by, persons sixty-two (62) years of age or older;
                or
            (3) Intended and operated for occupancy by at least one (1) person fifty-five (55)
                years of age or older per unit. In determining whether housing qualifies as housing
                for older persons under this subsection, the commission shall develop regulations
                which require at least the following factors:
                 a. The existence of significant facilities and services specifically designed to
                    meet the physical or social needs of older persons, or if the provision of such

                                                                2

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BILL NO. 6194-09                       ORDINANCE NO. ____________                                SECTION NO. XVII

                      facilities and services is not practicable, that such housing is necessary to
                      provide important housing opportunities for older persons; and
                 b. That at least eighty (80) percent of the units are occupied by at least one (1)
                    person fifty-five (55) years of age or older per unit; and
                 c. The publication of, and adherence to, policies and procedures that
                    demonstrate an intent by the owner or manager to provide housing for
                    persons fifty-five (55) years of age or older.
            (4) Housing shall not fail to meet the requirements for housing for older persons by
                reason of:
                 a. Persons residing in such housing as of August 28, 1992, who do not meet the
                    age requirements of subsection (2) or (3) of this section, provided that new
                    occupants of such housing meet the age requirements of subsection (2) or (3)
                    of this section; or
                 b. Unoccupied units, provided that such units are reserved for occupancy by
                    persons who meet the age requirements of subsection (2) or (3) of this
                    section.
       Labor organization means any organization which exists for the purpose, in whole or in
          part, of collective bargaining or of dealing with employers concerning grievances,
          terms or conditions of employment, or for other mutual aid or protection in relation to
          employment.
       Person means one (1) or more individuals, partnerships, associations, corporations, legal
          representatives trustees, trustees in bankruptcy, fiduciaries, receivers, or other
          organized groups of persons.
       Places of public accommodation means all places or businesses offering or holding
          out to the general public, goods, services, privileges, facilities, advantages or
          accommodations for the peace, comfort, health, welfare and safety of the general
          public or such public places providing food, shelter, recreation and amusement,
          including, but not limited to:
            (1) Any inn, hotel, motel, or other establishment which provides lodging to transient
                guests, other than an establishment located within a building which contains not
                more than five (5) rooms for rent or hire and which is actually occupied by the
                proprietor of such establishment as a residence;
            (2) Any restaurant, cafeteria, lunchroom, lunch counter, soda fountain, or other facility
                principally engaged in selling food for consumption on the premises, including, but
                not limited to, any such facility located on the premises of any retail establishment;
            (3) Any gasoline station, including all facilities located on the premises of such
                gasoline station and made available to the patrons thereof;
            (4) Any motion picture house, theater, concert hall, sports arena, stadium, or other
                place of exhibition or entertainment;
            (5) Any public facility owned, operated, or managed by or on behalf of this state or
                any agency or subdivision thereof, or any public corporation; and any such facility
                supported in whole or in part by public funds;
            (6) Any establishment which is physically located within the premises of any
                establishment otherwise covered by this section or within the premises of which is

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BILL NO. 6194-09                       ORDINANCE NO. ____________                                SECTION NO. XVII

                 physically located any such covered establishment, and which holds itself out as
                 serving patrons of such covered establishment.
       Rent means to lease, to sublease, to let or otherwise to grant for a consideration the right
          to occupy a dwelling not owned by the occupant.
       Respondent means a person against whom a complaint has been filed with the
          commission concerning a discriminatory practice.
       Unlawful discrimnatory practice means any act that is unlawful under this article.

       Sec. 13-_____. Policy.
       (a) The practice or policy of discrimination against individuals by reason of any unfair
           treatment based on race, color, religion, national origin, ancestry, sex, sexual
           orientation, age as it relates to employment, disability, or familial status as it relates
           to housing is a matter of concern to the city since such discrimination threatens not
           only the rights and privileges of the inhabitants of the city but menaces the
           institutions and foundations of a free democratic state. It is hereby declared to be the
           policy of the city to eliminate and prevent discrimination, segregation or separation in
           all areas as provided in this article.
       (b) It is also declared to be the policy of the city to assure equal opportunities and
           encouragement to every citizen regardless of any unfair treatment based on race,
           color, religion, national origin, ancestry, sex, sexual orientation, age as it relates to
           employment, disability, or familial status as it relates to housing. It is further declared
           that the opportunity to secure and to hold employment, the opportunity for full and
           equal public accommodations as covered by this article and the opportunity for full
           and equal housing are civil rights of every citizen. To promote and protect these
           rights, it is hereby declared to be the purpose of this article to establish and to
           provide a Human Relations Commission.

       Sec. 13-_____. Unlawful practice, unlawful retaliation; false complaints.
       (a) It shall be an unlawful discriminatory practice:
              (1) To aid, abet, incite, compel, or coerce the commission of acts prohibited under
                  this article or to attempt to do so;
              (2) To retaliate or discriminate in any manner against any other person because
                  such person has opposed any practice prohibited by this article or because such
                  person has filed a complaint, testified, assisted, or participated in any manner in
                  any investigation, proceeding or hearing conducted pursuant to this article; or
              (3) To discriminate in any manner against any other person because of such
                  person's association with any person protected by this article.
       (b) It shall be unlawful to knowingly make a false complaint under the provisions of this
           article.

       Sec. 13-_____. Employment and labor groups.
       (a) It shall be unlawful for an employer, because of the race, color, religion, national
           origin, sex, ancestry, age or disability of any individual:
              (1) To fail or refuse to hire or to discharge any individual, or otherwise to
                  discriminate against any individual with respect to a person's compensation,

                                                                4

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                    terms, conditions, or privileges of employment, because of such individual's
                    race, color, religion, national origin, sex, ancestry, age or disability;
              (2) To limit, segregate, or classify employees or employment applicants in any way
                  which would deprive or tend to deprive any individual of employment
                  opportunities or otherwise adversely affect a person's status as an employee,
                  because of such individual's race, color, religion, national origin, sex, ancestry,
                  age or disability;
       (b) It shall be unlawful for a labor organization to exclude or to expel from its
           membership any individual or to discriminate in any way against any of its members
           or against any employer or any individual employed by an employer because of race,
           color, religion, national origin, sex, ancestry, age or disability of any individual; or to
           limit, segregate, or classify its membership, or to classify or fail or refuse to refer for
           employment any individual, in any way which would deprive or tend to deprive any
           individual of employment opportunities, or would limit such employment opportunities
           or otherwise adversely affect a person's status as an employee or as an applicant for
           employment, because of such individual's race, color, religion, national origin, sex,
           ancestry, age or disability; or for any employer, labor organization, or joint labor-
           management committee controlling apprenticeship or other training or retraining,
           including on-the-job training programs to discriminate against any individual because
           of a person's race, color, religion, national origin, sex, ancestry, age or disability in
           admission to, or employment in, any program established to provide apprenticeship
           or other training.
       (c) It shall be unlawful for any employer or employment agency to print or circulate or
           cause to be printed or circulated any statement, advertisement or publication, or to
           use any form of application for employment or to make any inquiry in connection with
           prospective employment, which expresses, directly or indirectly, any limitation,
           specification, or discrimination, because of race, color, religion, national origin, sex,
           ancestry, age or disability unless based upon a bona fide occupational qualification
           or for an employment agency to fail or refuse to refer for employment, or otherwise to
           discriminate against, any individual because of a person's race, color, religion,
           national origin, sex, ancestry, age as it relates to employment, or disability, or to
           classify or refer for employment any individual on the basis of a person's race, color,
           religion, national origin, sex, ancestry, age or disability.

       Sec. 13-_____. Employment and labor groups--Practices not prohibited.
       (a) Notwithstanding any other provision of this article, it shall not be an unlawful
           employment practice for the state or any political subdivision of the state to comply
           with the provisions of 29 U.S.C. 623 relating to employment as firefighters or law
           enforcement officers.
       (b) Notwithstanding any other provisions of this article, it shall not be unlawful for any
           church or religious school or religious day care center to consider sexual orientation
           in any hiring or employment action.
       (c) Notwithstanding any other provisions of this article, it shall not be unlawful to
           discharge or otherwise discipline an individual for good cause.
       (d) Nothing in this article shall be construed to prohibit compulsory retirement of any
           employee who has attained sixty-five (65) years of age but not seventy (70) years of
           age, and who, for the two-year period immediately before retirement, is employed in
           a bona fide executive or a high policymaking position, if such employee is entitled to
                                                                5

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BILL NO. 6194-09                       ORDINANCE NO. ____________                                SECTION NO. XVII

              an immediate nonforfeitable annual retirement benefit from a pension, profit sharing,
              savings, or deferred compensation plan, or any combination of such plans, of the
              employer of such employee, which equals, in the aggregate, at least forty-four
              thousand dollars ($44,000.00).

       Sec. 13-_____. Places of public accommodation.
       (a) All persons within the jurisdiction of the city are free and equal and shall be entitled
           to the full and equal use and enjoyment within the city of any place of public
           accommodation, as hereinafter defined, without discrimination or segregation on the
           grounds of race, color, religion, national origin, sex, ancestry, or disability.
       (b) It is an unlawful discriminatory practice for any person, directly or indirectly, to refuse,
           withhold from or deny any other person, or to attempt to refuse, withhold from or
           deny any other person, any of the accommodations, advantages, facilities, services,
           or privileges made available in any place of public accommodation, as defined in this
           article and this section, or to segregate or discriminate against any such person in
           the use thereof on the grounds of race, color, religion, national origin, sex, ancestry,
           or disability.
       (c) The provisions of this section shall not apply to a private club, a place of
           accommodation owned by or operated on behalf of a religious corporation,
           association or society, or other establishment which is not in fact open to the public,
           unless the facilities of such establishments are made available to the customers or
           patrons of a place of public accommodation as defined in this article and this section.

       Sec. 13-_____. Places of public accommodation--Practices not prohibited.
       (a) Notwithstanding any other provision of this article, it shall not be an unlawful
           employment practice for an employer to apply different standards of compensation,
           or different terms, conditions or privileges of employment pursuant to a bona fide
           seniority or merit system, or a system which measures earnings by quantity or quality
           of production or to employees who work in different locations, provided that such
           differences or such systems are not the result of an intention or a design to
           discriminate, and are not used to discriminate, because of race, color, religion, sex,
           national origin, ancestry, age or disability, nor shall it be an unlawful employment
           practice for an employer to give and to act upon the results of any professionally
           developed ability test, provided that such test, its administration, or action upon the
           results thereof, is not designed, intended or used to discriminate because of race,
           color, religion, national origin, sex, ancestry, age or disability.
       (b) Nothing contained in this article shall be interpreted to require any employer,
           employment agency, labor organization, or joint labor-management committee
           subject to this article to grant preferential treatment to any individual or to any group
           because of the race, color, religion, national origin, sex, ancestry, age or disability of
           such individual or group on account of an imbalance which may exist with respect to
           the total number or percentage of persons of any race, color, religion, national origin,
           sex, ancestry, age or disability employed by any employer, referred or classified for
           employment by any employment agency or labor organization, admitted to
           membership or classified by any labor organization, or admitted to or employed in
           any apprenticeship or other training program, in comparison with the total number or
           percentage of persons of such race, color, religion, national origin, sex, ancestry, age
           or disability in any community, state, section, or other area, or in the available
           workforce in any community, state, section, or other area.
                                                                6

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BILL NO. 6194-09                       ORDINANCE NO. ____________                                SECTION NO. XVII


       Sec. 13-_____. Unlawful housing practices.
       It shall be unlawful for any person:
       (1) To refuse to sell or rent after the making of a bona fide offer, to refuse to negotiate
           for the sale or rental of, to deny or otherwise make unavailable, a dwelling to any
           person because of race, color, religion, national origin, ancestry, sex, disability, or
           familial status;
       (2) To discriminate against any person in the terms, conditions, or privileges of sale or
           rental of a dwelling, or in the provision of services or facilities in connection therewith,
           because of race, color, religion, national origin, ancestry, sex, disability, or familial
           status;
       (3) To make, print, or publish, or cause to be made, printed, or published any notice,
           statement or advertisement, with respect to the sale or rental of a dwelling that
           indicates any preference, limitation, or discrimination based on race, color, religion,
           national origin, ancestry, sex, disability, or familial status, or an intention to make any
           such preference, limitation, or discrimination;
       (4) To represent to any person because of race, color, religion, national origin, ancestry,
           sex, disability, or familial status that any dwelling is not available for inspection, sale,
           or rental when such dwelling is in fact so available;
       (5) To induce or attempt to induce any person to sell or rent any dwelling by
           representations regarding the entry or prospective entry into the neighborhood of a
           person or persons of a particular race, color, religion, national origin, ancestry, sex,
           disability, or familial status;
       (6) To discriminate in the sale or rental of, or to otherwise make unavailable or deny, a
           dwelling to any buyer or renter because of a disability of:
              a.    That buyer or renter;
              b.    A person residing in or intending to reside in that dwelling after it is so sold,
                    rented, or made available; or
              c.    Any person associated with that buyer or renter;
       (7) To discriminate against any person in the terms, conditions, or privileges of sale or
           rental of a dwelling, or in the provision of services or facilities in connection with such
           dwelling, because of a disability of:
              a.    That person;
              b.    A person residing in or intending to reside in that dwelling after it is so sold,
                    rented, or made available; or
              c.    Any person associated with that person.

       Sec. 13-_____. Real estate loans.
       It shall be unlawful for any bank, building and loan association, insurance company or
       other corporation, association, firm or enterprise whose business consists in whole or in
       part in the making of commercial real estate loans, to deny a loan or other financial
       assistance because of race, color, religion, national origin, ancestry, sex, disability or
       familial status to a person applying therefor for the purpose of purchasing, construction,
       improving, repairing, or maintaining a dwelling, or to discriminate against a person in
                                                                7

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BILL NO. 6194-09                       ORDINANCE NO. ____________                                SECTION NO. XVII

       fixing of the amount, interest rate, duration or other terms or conditions of such loan or
       other financial assistance, because of the race, color, religion, national origin, ancestry,
       sex, disability, or familial status of such person or of any person associated with a person
       in connection with such loan or other financial assistance, or of the present or prospective
       owners, lessees, tenants, or occupants, of the dwellings in relation to which such loan or
       other financial assistance is to be made or given.

       Sec. 13-_____. Acceptance of membership in real estate sales organizations.
       It shall be unlawful to deny any person access to or membership or participation in any
       multiple listing service, real estate brokers' organization or other service organization, or
       facility relating to the business of selling or renting dwellings, on account of race, color,
       religion, national origin, ancestry, sex, disability, or familial status.

       Sec. 13-_____. Special provisions--Unlawful housing practices, real estate loans,
       membership in real estate sales organizations.
       (a) For purposes of sections 13-____ [Unlawful housing practices], 13-_____ [Real
           estate loans], and 13-_____ [ Acceptance of membership in real estate sales
           organizations], discrimination includes:
              (1) A refusal to permit, at the expense of the person with the disability, reasonable
                  modifications of existing premises occupied or to be occupied by such person if
                  such modifications may be necessary to afford such person full enjoyment of the
                  premises, except that, in the case of a rental, the landlord may, where it is
                  reasonable to do so, condition permission for a modification on the renter's
                  agreeing to restore the interior of the premises to the condition that existed
                  before the modification, reasonable wear and tear excepted;
              (2) A refusal to make reasonable accommodations in rules, policies, practices, or
                  services, when such accommodations may be necessary to afford such person
                  equal opportunity to use and enjoy a dwelling; or
              (3) In connection with the design and construction of covered multifamily dwellings
                  for first occupancy after March 13, 1991, a failure to design and construct those
                  dwellings in such a manner that:
                    a.    The public use and common use portions of such dwellings are readily
                          accessible to and usable by persons with a disability;
                    b.    All the doors designed to allow passage into and within all premises within
                          such dwellings are sufficiently wide to allow passage by persons with a
                          disability in wheelchairs; and
                    c.    All premises within such dwellings contain the features of adaptive design
                          buildings and facilities providing accessibility and usability for people with
                          physical disabilities commonly cited as "ANSI A117.1".
       (b) Nothing in sections 13-_____, 13-_____, or 13-_____ requires that a dwelling be
           made available to an individual whose tenancy would constitute a direct threat to the
           health or safety of other individuals or whose tenancy would result in substantial
           physical damage to the property of others.
       (c) Nothing in this section 13-_____, 13-_____, or 13-_____ limits the applicability of
           any reasonable local or state restriction regarding the maximum number of
           occupants permitted to occupy a dwelling, nor does any provision in this section or
                                                                8

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BILL NO. 6194-09                       ORDINANCE NO. ____________                                SECTION NO. XVII

              sections 13-_____, 13-_____, or 13-_____ regarding familial status apply with
              respect to housing for older persons.
       (d) Nothing in this article shall be construed to:
              (1) Prohibit conduct against a person because such person has been convicted by
                  any court of competent jurisdiction of the illegal manufacture or distribution of a
                  controlled substance, as defined by section 195.010, RSMo.;
              (2) To prohibit a religious organization, association, or society, or any nonprofit
                  institution or organization operated, supervised or controlled by or in conjunction
                  with a religious organization, association, or society, from limiting the sale, rental
                  or occupancy of dwellings which it owns or operates for other than a commercial
                  purpose to persons of the same religion, or from giving preference to such
                  persons, unless membership in such religion is restricted on account of race,
                  color, or national origin.
              (3) To prohibit a private club not in fact open to the public, which as an incident to
                  its primary purpose or purposes provides lodging which it owns or operates for
                  other than a commercial purpose, from limiting the rental or occupancy of such
                  lodging to its members or from giving preference to its members, unless
                  individuals are excluded from membership therein because of race, color,
                  religion, national origin, ancestry, sex, disability or familial status.
       (e) Nothing in this article, other than the prohibitions against discriminatory advertising
           shall apply to the sale or rental of any single family house by a private individual
           owner, provided the following conditions are met:
              (1) The private individual owner does not own or have any interest in more than
                  three single family houses at any one time; and
              (2) The house is sold or rented without the use of a real estate broker, agent or
                  salesperson or the facilities of any person in the business of selling or renting
                  dwellings and without publication, posting or mailing of any advertisement. If the
                  owner selling the house does not reside in it at the time of the sale or was not
                  the most recent resident of the house prior to such sale, the exemption in this
                  section applies to only one such sale in any twenty-four-month period; or
              (3) Rooms or units in dwellings containing living quarters occupied or intended to be
                  occupied by no more than four (4) families living independently of each other, if
                  the owner actually maintains and occupies one of such living quarters as his or
                  her residence.
       (f)    Nothing in this article regarding familial status shall apply with respect to housing for
              older persons.

       Sec. 13-_____. Complaints.
       (a) Any person claiming to be aggrieved by an unlawful discriminatory practice may
           make, sign and file with the city clerk for referral to the commission a complaint in
           writing, within one hundred eighty (180) days of the alleged act of discrimination,
           which shall state the name and address of the person alleged to have committed the
           unlawful discriminatory practice and which shall set forth the particulars thereof and
           such other information as may be required by the commission. The complainant's
           attorney may, in like manner, make, sign and file such complaint.


                                                                9

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BILL NO. 6194-09                       ORDINANCE NO. ____________                                SECTION NO. XVII

       (b) After the filing of any complaint, the commission may, with the assistance of city
           staff, investigate the complaint, and if the commission determines after the
           investigation that probable cause exists for crediting the allegations of the complaint,
           the commission shall immediately endeavor to eliminate the unlawful discriminatory
           practice complained of by conference, conciliation, persuasion and/or referral of the
           complainant to any state or federal agency for further investigation and action. The
           investigation, determination of probable cause, referral and/or conciliation shall be
           conducted according to such rules, regulations and guidelines as the commission
           shall prescribe.
       (c) The commission shall not have jurisdiction to investigate any complaint where the
           same or similar complaint has previously been filed by the complainant with a state
           or federal government, agency or court of law.
       (d) An individual who files a complaint with the commission shall be advised of the ability
           to file a complaint with the Missouri Commission on Human Rights and the
           commission may elect to refer any complainant to the Missouri Commission on
           Human Rights or other state or federal agency in lieu of conducting an independent
           investigation. In such event, a member of the commission, or other designee, may
           be assigned by the commission to assist the complainant with the filing of such
           complaint.

       Sec. 13-_____. Penalty for violation of this article.
       Any person found guilty of violation of any provision of this article shall, upon conviction
       thereof, be punished in accordance with the provisions of section 1-12 of the Code of
       Ordinances.

       SECTION 2 – REPEAL OF ORDINANCES IN CONFLICT. All ordinances or parts of
ordinances in conflict with this ordinance are hereby repealed.
        SECTION 3 – 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 4 – 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 ____ day of ____________________, 2009.


                                                             ________________________________
                                                             David Bower, Mayor
ATTEST:

____________________________
Teresa Henry, City Clerk
                                                             Approved as to Form:

                                                             ________________________________
                                                             Nancy Thompson, City Attorney

                                                               10

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                                                Community Development
                                                Department



Memo
 To:     Mayor Bower and Board of Aldermen
 From:   John Benson, Senior Planner
 CC:     Mahesh Sharma, City Administrator and Nancy Thompson, City Attorney
 Date:   11/12/2009
 Re:     Continuation of Public Hearing to Consider Proposed Amendments to the City of
         Raytown Subdivision Regulations


 The City of Raytown Subdivision Regulations are proposed to be amended so that
 they reference the recently adopted Raytown Development, Design Criteria &
 Technical Specifications Manual. It was originally anticipated that these amendments
 would be ready to be presented to the Board of Aldermen during a public hearing on
 November 17, 2009. As such, a public hearing notice was published in the Kansas
 City Star newspaper giving notice of the scheduled public hearing.

 Staff is still in the process of reviewing and finalizing the proposed amendments for
 final submission to the Board of Aldermen. Therefore, staff is requesting that the
 public hearing on the proposed amendments be continued to the Board of Aldermen
 meeting scheduled to be held on Tuesday, December 1, 2009 at 7:00 pm.
                                                          Community Development
                                                          Department



Memo
 To:      Mayor Bower and Board of Aldermen
 From:    Beth Linn, Director of Community Development
 CC:      Mahesh Sharma, City Administrator and Nancy Thompson, City Attorney
 Date:    11/12/2009
 Re:      Contract for Demolition of 8510 Stark Avenue

 On November 16, 2006, the single family residence at 8510 Stark Avenue was damaged by two fires.
 The structure sustained significant damage from those fires. After the Board of Aldermen approved the
 Dangerous Building Ordinance, city staff initiated the process to determine if the structure at 8510 Stark
 Avenue is a dangerous building in accordance as defined in the ordinance.

 Process for Determination of Dangerous Building
 On August 28, 2009, the Building Inspector performed an inspection to determine if the structure should
 be deemed a dangerous building as defined by Chapter 5, Article XII of the Raytown City Code. The
 Building Inspector found the structure failed to comply with several items in the ordinance including, but
 not limited to:
      • Damaged by fire to extent the structural strength or stability is materially less than before
           catastrophe and is less than the minimum requirements for new buildings of similar structure,
           purpose or location
      • Portion / member / appurtenance likely to fail, or to become detached or dislodged, or to
           collapse, and injure persons or damage property.
      • Portion of building, or any member / appurtenance / ornamentation on the exterior, not sufficient
           strength or stability, or not anchored / attached / fastened in place, to be capable of resisting a
           wind pressure of ½ of specified in the building code for new buildings of similar structure,
           purpose or location without exceeding the working stresses permitted in the building code
      • Wracked, warped, buckled or settled to extent that walls or other structural portions have
           materially less resistance to winds or earthquakes than required in similar new construction.
      • Likely to partially or completely collapse
      • Improperly distributed load upon the floors or roofs, or floors / roofs overloaded or have
           insufficient strength to be reasonably safe.
      • Damaged by fire, wind or other causes to become dangerous to life, safety or the general health
           and welfare of the occupants or the people of the city.
      • Damaged by fire, wind, earthquake or flood, or has become so dilapidated or deteriorated as to
           become
                a. an attractive nuisance to children
                b. a harbor for vagrants, criminals or immoral persons
                c. as to enable persons to resort thereto for the purpose of committing unlawful or
                     immoral acts
      • Light, air and sanitation facilities inadequate to protect the health, safety or general welfare of
           human beings who live or may live therein.
On September 18, 2009, the Building Inspector issued a written Notice and Order that the structure had
been found to be a dangerous building and nuisance due to conditions listed above. In that Notice and
Order, the property owner was given 15 days to repair or demolish the structure. The property owner
did not pull any permits or initiate any action to repair or demolish the structure.

On October 7, 2009, the Building Commission issued a Notice of Hearing at which any person having a
legal interest in the property could appear and show cause why the structure should not be demolished.

On October 26, 2009, the City of Raytown held a hearing before the Building Commissioner as
required by the Dangerous Building Ordinance. At that hearing, city staff presented to the Building
Commission all of the evidence support the finding of the structure as dangerous and the request for
demolition of the structure. The property owner did not attend the hearing. At that hearing the Building
Commission upheld the determination that the structure was indeed dangerous and ordered the
structure to be demolished.

Based on the City of Raytown Dangerous Building Ordinance, the property owner or any person have a
record title or legal interest in the property has 30 days from that date to appeal the order for demolition.
After November 26, 2009, the City of Raytown will have the right to demolish the structure under the
dangerous building ordinance.

Process for Demolition of Structure
In anticipation of the possible determination that the structure was indeed dangerous and could be
ordered to be demolished, Community Development Department released the Request for Bids (RFB)
for demolition services on October 19, 2009. By releasing bids in October prior to the hearing, it allowed
the contract to come before the Board of Aldermen for consideration during the time allowed for
appeals. The RFB was mailed to over fifty demolition companies and published in the Kansas City Star.

The Community Development Department held a public bid opening on Tuesday, November 10, 2009
at 2:00 PM. The City received five bids ranging from $6900 to $9900. Greg Bordner Construction was
the lowest and best bidder at $6900. Based on this contract amount, the City Administrator has the
authority from the city’s purchasing policy to negotiate and execute the contract.

Staff anticipates issuing a notice to proceed with utility disconnects and asbestos inspections within 10
days of contract execution. The contract requires demolition to begin within 45 calendar days of notice
to proceed and demolition to be complete within 10 working days of commencement.

The Contractor will be required to perform an asbestos inspection prior to any demolition work. If
abatement of the asbestos as required by state and/or federal laws is necessary based on the
inspection, staff anticipates adding those abatement services to the original contract as a change order.
Because the city is not the owner of the property, the city is unable to perform the asbestos inspection
prior to commencing the demolition services. Therefore, the city is unable to know in advance the
amount of abatement needed for bidding purposes.

During the 2009-2010 budget process, the Board of Aldermen allocated $50,000 towards the
demolition of dangerous buildings within the City. The funding for the demolition of 8510 Stark Avenue
will come from those allocated funds.

								
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