Page 1 The City Council met in regular session on February 2, 2016, in the North Kansas City Council Chambers at 7:00 p.m. The following were present: Mayor: Don Stielow Councilmembers: H. J. Bear Kistler Gene Bruns Valerie Pearman Bill Sanders Zachary Clevenger Richard Stewart Fred Steffen Tom Farr Staff Present: Guests: Eric Berlin, City Administrator Mike Smith, Assistant City Administrator Steve Beamer, Police Chief Gary Fisher, Fire Chief Sara Copeland, Community Development Director Pat Hawver, Public Works Director Stephen Roberts, IT Manager Shirley Land, Finance Manager David Harris, Community Development Tom Barzee, City Counselor Crystal Doss, City Clerk Rich Groves, NKCBC Karen Todd Anita Lodahl Mary Henry Jeffery C. Porter Holly Ann Schenk Vivian Porter Larry Moss Jo Moss Charles Cash Mayor Stielow called the meeting to order at 7:00 p.m. The meeting opened with a moment of silence and the Pledge of Allegiance. C. Farr moved the minutes of the Regular Council Meeting of January 19, 2016, be approved, seconded by C. Sanders. The roll was called and the vote was as follows: C. Steffen, yes C. Farr, yes C. Kistler, yes C. Bruns, yes C. Pearman, yes C. Sanders, yes C. Clevenger, yes C. Stewart, yes. Motion carried. Opening & Approval of the Minutes
Page 2 C. Farr moved the minutes of the Special Council Meeting of January 19, 2016, be approved, seconded by C. Kistler. The roll was called and the vote was as follows: C. Steffen, yes C. Farr, yes C. Kistler, yes C. Bruns, yes C. Pearman, yes C. Sanders, yes C. Clevenger, yes C. Stewart, yes. Motion carried. Wendy Barz, therapeutic massage therapist at Divine Spa, approached the Council and asked that they reconsider passing the massage therapy ordinance on this meeting s agenda. She stated she did not feel the $300 permit fee was fair, and she stated she did not believe this ordinance would do anything to help protect legitimate massage establishments. Comments from the Public Richeta Jones, owner of Divine Spa, stated she has been in business for two years in North Kansas City. She stated the extra fee of $300 would prevent her from being able to have a massage therapist in her business. Bill Sowyer, Thyme Capsule, stated he has several individual massage therapists in rooms in his building. He feels this ordinance puts undue hassle on the small business owner. He asked the Council to take their time before passing this new ordinance. Kirk Nelson, owner of Touch Work of West in Weston and former State President of the American Massage Therapy Association, expressed concerns about the proposed ordinance. He offered his assistance to the City in any way to help with this issue. Consent agenda included the following items: Consent Agenda Proclamation ArtsKC Ann Schenck and Jeffry Porter. Short Term Conditional Use Permit for Annual NKC School District Education Foundation 5K Walk/Run. Short Term Conditional Use Permit for NKC Public Library Book Walk. C. Kistler moved to approve the consent agenda, seconded by C. Sanders. Approval of Harrah s Charitable Fund Donations. City Administrator Berlin presented to the Council a spreadsheet showing the allocation of funds tentatively approved by the Council at a special meeting on January 26, 2016. C. Clevenger moved to accept the allocation spreadsheet as presented, seconded by C. Stewart. The roll was called and the vote was as follows: C. Steffen, yes C. Farr, yes C. Kistler, yes C. Bruns, yes Approval of Harrah s Charitable Fund Dollars
Page 3 C. Pearman, yes C. Sanders, yes C. Clevenger, yes C. Stewart, yes. Motion carried. Consideration of a resolution approving Task Order No. 7 with Olsson Associates for certain engineering work related to extension of the City s fiber-optic communications network in the City s Armour Road Redevelopment Area (010). City Administrator Berlin asked Community Development Director Sara Copeland to present this item to the Council, which involved the approval of Task Order No. 7 in the amount of $13,500. Discussion ensued. C. Kistler moved to approve 010, seconded by C. Pearman. The roll was called and the vote was as follows: C. Steffen, yes C. Farr, yes C. Kistler, yes C. Bruns, yes C. Pearman, yes C. Sanders, yes C. Clevenger, yes C. Stewart, yes. Motion carried. Consideration of a resolution authorizing the City to retain Zerger & Mauer LLP to provide certain legal services to the City ( 013). City Administrator Berlin asked City Counselor Tom Barzee to present this item to Council, which involved retaining Zerger & Mauer LLP for handling of the acquisition of certain properties for redevelopment purposes in the Armour Road Redevelopment Area. Discussion ensued. C. Farr moved to approve 013, seconded by C. Sanders. The roll was called and the vote was as follows: C. Steffen, yes C. Farr, yes C. Kistler, yes C. Bruns, yes C. Pearman, yes C. Consideration of an ordinance amending the Code of the City of North Kansas City, Missouri by repealing Chapter 5.32, Massage Establishments, Bath Houses, Modeling Studios and Body Painting Studios thereof and by adopting a new Chapter 5.32 regarding massage establishments {Bill No. 7098 (Ordinance No. 8896)}. This item was removed from the agenda by the Mayor. Staff was asked to consult with members of the massage establishment community and report back to Council. Consideration of an ordinance authorizing fingerprinting for the regulation of the issuance of licenses and permits to massage establishments, including owners, operators and employees of such establishments in the City of North Kansas City, Missouri {Bill No. 7099 (Ordinance No. 8896)}. This item was removed from the agenda by the Mayor due to the removal of the previous item, which was related. Consideration of a resolution authorizing participation in the CVSA Memorandum of Understanding between the Missouri Highways and Transportation Commission and the North Kansas City Police Department (012). City Administrator Berlin asked Police Chief Steve Beamer to present this to Council, which involved renewal of this 010 Task Order No. 7 with Olsson Associates Resolution 16-013 Retain Zerger & Mauer LLP Ordinance No. 8895 Massage Establishments Pulled from agenda Ordinance No. 8896 Fingerprinting for Massage Establishments Pulled from agenda 012 CVSA Memorandum of Understanding
Page 4 10-year Memorandum of Understanding regarding the Police Department s Commercial Vehicle Safety Unit. Discussion ensued. C. Farr moved to approve 012, seconded by C. Bruns. Consideration of a resolution amending the Gaming Fund budget in the amount of $1,883 for receipt of grant revenues and the purchase of firefighting equipment (011). City Administrator Berlin asked Fire Chief Gary Fisher to present this item to Council. The $1,883 is the 5% match for a grant that will allow the Fire Department to purchase $37,665 of additional equipment. Discussion ensued. C. Sanders moved to approve 011, seconded by C. Farr. Consideration of a resolution authorizing the City to enter into a contract with Shedigs It, LLC for the installation of water meters (Resolution No. 16-014). City Administrator Berlin asked Public Works Director Pat Hawver to present this item to Council, which involves a contract for the replacement of 310 water meters for a total contract amount of $74,595. Discussion ensued. C. Stewart moved to approve 014, seconded by C. Kistler. The roll was called and the vote was as follows: C. Steffen, yes C. Farr, yes C. Kistler, yes C. Bruns, yes C. Pearman, yes C. Sanders, yes C. Clevenger, yes C. Stewart, yes. Motion carried. Consideration of an ordinance approving and adopting third amendment/addenda to employment agreement by and between the City of North Kansas City, Missouri, and Patrick A. Hawver, Public Works Director {Bill No. 7096 (Ordinance No. 8893)}. City Administrator Berlin presented this item to Council, which involved an annual increase in compensation for Mr. Hawver. C. Kistler moved that Bill No. 7096 be placed on first reading, seconded by C. Pearman. The roll was called and the vote was as follows: C. Steffen, yes C. Farr, yes C. Kistler, yes C. Bruns, yes C. Pearman, yes C. Sanders, yes C. Clevenger, yes C. Stewart, yes. Motion carried. Bill No. 7096 was read. C. Kistler moved that Bill No. 7096 be placed on second and final reading and passed as Ordinance No. 8894. The roll was called and the vote was as follows: C. Steffen, yes C. Farr, yes C. Kistler, yes C. Bruns, yes C. Pearman, yes C. Sanders, yes C. Clevenger, yes C. Stewart, yes. Motion carried. Bill No. 7096 was read. Thereupon, Mayor Stielow declared the motion carried and the Bill duly passed. Said Bill was then numbered 8893, was signed and approved by the Mayor and attested by the City Clerk and approved as to form by the City Counselor. 011 Gaming Fund Budget Amendment 014 Shedigs It, LLC Ordinance No. 8893 Employment Agreement with Patrick Hawver
Page 5 Consideration of an ordinance authorizing payment for certain accounts due and payable by the City through January 29, 2016 {Bill No. 7097 (Ordinance No. 8894)}. C. Farr moved that Bill No. 7097 be placed on first reading, seconded by C. Stewart. The roll was called and the vote was as follows: C. Steffen, yes C. Farr, yes C. Kistler, yes C. Bruns, yes C. Pearman, yes C. Sanders, yes C. Clevenger, yes C. Stewart, yes. Motion carried. Bill No. 7097 was read. C. Farr moved that Bill No. 7097 be placed on its second and final reading and be passed as Ordinance No. 8894, seconded by C. Stewart. The roll was called and the vote was as follows: C. Steffen, yes C. Farr, yes C. Kistler, yes C. Bruns, yes C. Pearman, yes C. Sanders, yes C. Clevenger, yes C. Stewart, yes. Motion carried. Bill No. 7097 was read. Thereupon Mayor Stielow declared the motion carried and the Bill duly passed. Said Bill was then numbered 8894, was signed and approved by the Mayor, attested by the City Clerk and endorsed by the City Treasurer that sufficient funds were on hand to meet the obligations. Community Development Director Sara Copeland stated that March 3, 2016 would be the last Master Plan Advisory Committee meeting. The Master Plan will then be presented to the Planning Commission for review and approval and then to the City Council. Ordinance No. 8894 Accounts Payable Staff Comments City Administrator Berlin presented an information pamphlet regarding the Out-of-State Sales Tax that will be on the April ballot to the Council for approval, which was granted. He reminded the Council of the Strategic Planning session on Friday and Saturday, February 5 and 6, at North Kansas City Hospital in the Lewis and Clark Room. He discussed a recycling event being planned for April 23, 2016, in the YMCA overflow parking lot. C. Steffen had nothing at this time. C. Farr thanked the Police Department for their fast service a couple of weeks ago when there was an emergency in his neighborhood. He also asked C. Kistler about the slurry that is coming up off of the road. C. Kistler discussed how this is being addressed and stated that the Road District has stopped the slurry seal program for now and will restart in the Spring when the weather is better. Councilmembers Comments C. Kistler congratulated Jeffrey Porter and Ann Schenck with ArtsKC. C. Bruns stated the Harrah s Charitable Fund meeting had gone very smoothly, and he appreciated the way the meeting was organized. C. Pearman also congratulated Mr. Porter and Ms. Schenck with ArtsKC. Congratulations to the 4 th Phase of the Gardens.
Page 6 C. Sanders thanked everyone who came to the groundbreaking at the Gardens. C. Clevenger congratulated Mr. Porter and Ms. Schenck with ArtsKC. He congratulated the Fire Department on the new equipment they have purchased with a grant and 5% match from the City. He hanked the members of the audience who spoke tonight with regard to massage establishments. C. Stewart stated it was good to be back from his recent travels. The Mayor thanked the Fire Department for helping him get home from the hospital recently. Consideration of a request to hold and recess into an executive session, as requested by the City Administrator, to be held on this date, on a real estate matter pursuant to Missouri Revised Statutes 610-021 (2). C. Farr moved to go into executive session at 8:06 p.m., seconded by C. Sanders. The roll was called and the vote was as follows: C. Steffen, yes C. Farr, yes C. Kistler, yes C. Bruns, yes C. Pearman, yes C. Consideration of a request to hold and recess into an executive session, as requested by the City Administrator, to be held on this date, on a real estate matter pursuant to Missouri Revised Statutes 610-021 (2). C. Farr moved to go into executive session at 8:06 p.m., seconded by C. Sanders. The roll was called and the vote was as follows: C. Steffen, yes C. Farr, yes C. Kistler, yes C. Bruns, yes C. Pearman, yes C. Mayor s Comments Executive Session Real Estate Executive Session Real Estate Consideration of a request to hold and recess into an executive session, as requested by the City Counselor, to be held on this date, on a litigation matter pursuant to Missouri Revised Statutes 610-021 (1). C. Farr moved to go into executive session at 8:06 p.m., seconded by C. Sanders. The Council reconvened at 8:47 p.m. C. Farr moved the meeting be adjourned at 8:47 p.m., seconded by C. Clevenger. The roll was called and the vote was as follows: C. Steffen, yes C. Farr, yes C. Kistler, yes C. Bruns, yes C. Pearman, yes C. Executive Session Real Estate Reconvened Meeting Adjourned
Page 7 The meeting adjourned at 8:47 p.m. Council Adjourned Attest: Mayor City Clerk Approved this 16th day of February, 2016.