CITY COUNCIL MINUTES FEBRUARY 14, 2017

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1 CITY COUNCIL MINUTES FEBRUARY 14, 2017 The Council of the City of Fulton, Missouri, met in regular session on Tuesday,, in the Council Chambers of City Hall located at 18 E. 4th Street. Present and presiding were: LeRoy D. Benton, Mayor; William R. Johnson, Director of Administration; Courtney Crowson, City Clerk; and Steve Myers, Chief of Police. The meeting was called to order by Mayor Benton at 7:00 p.m. Roll call was taken by the City Clerk, and members of the council present were: Cannell, Gray, Moore, Rehklau, Shiverdecker, Vaughn, and West. Absent was Councilmember Chailland. Also present were: Kathy Holschlag, Chief Financial Officer; Darrell Dunlap, Superintendent of Utilities; Kyle Bruemmer, Interim City Engineer; Les Hudson, Planning & Protective Services Director; Kevin Coffelt, Assistant Fire Chief; Clay Caswell, Parks & Recreation Director; J.C. Miller, Solid Waste Manager; Rob Barnes, Assistant Director of Administration; Michelle Maupin, Human Resources Director; Steve Sebacher, Cindy Sebacher, Ron Mooney, George Barkho, Edwin Scheid, Bob Epperson, Tony Lander, Bob Rugen, Ron Roberts, Celeste Roberts, Michael Bailey, Ken Owens, Josh Farris, Tim Borman, Tom Walsh, Just Walsh, Cindy Sebacher, William Simpson, Chuck Eckert, Robert & Grace Craghead, Derek Collier, Mike McCray, Emmett Adams, Scott King, Rickey Lacy, Robert Cannell, Twila Collier, Sharon Cannell, Beth Lickey, Larry Doyle Jr., Keith & Nancy Hanson, Mindy Davis, Cindy Larson; Pastor Bruce Williamson; Jenny Gray of THE FULTON SUN, Mike Haldeman and Darin Wernig, Audio/Video. Mayor Benton stated the need to amend tonight s agenda by adding Tanglewood Discussion as Item 4, and placing Comments from Visitors as Item 4 A. Motion was offered by Councilman Vaughn and seconded by Councilman Shiverdecker to amend the agenda as stated. Motion carried with seven members of the council voting in favor, and one member (Chailland) absent. INVOCATION: Invocation was given by Pastor Williamson. TANGLEWOOD DISCUSSION: Mayor Benton thanked those in attendance for sharing their concerns with the city council. Mayor Benton noted that the Tanglewood Rates were established with the 2017 Budget, and any changes to the rates will require an amendment to the budget. Clay Caswell, Parks & Recreation Director stated the council tasked Tanglewood to create a profit for the course and he believes the fee increases are necessary to create the profit. Much discussion followed. Mayor Benton asked for a volunteer committee of council members to be formed in order to address this issue. Councilmembers: West, Rehklau, Shiverdecker, and Chailland will serve on the committee. COMMENTS FROM VISITORS: Mayor Benton asked any attendees not listed on tonight s agenda, but whom wished to address the Council, to please come to the podium, state their name, address and area of concern, and to keep comments under five (5) minutes. A digital timer was administered and monitored by the City Clerk. Former Mayor, Robert Craghead, shared concerns regarding the intersection of Route C and Tennyson. Craghead stated two members of his family have been killed on Route C and believes the intersection must be slowed as a minimum measure to address this dangerous stretch of roadway.

2 Page 2 William Simpson, a former employee of Tanglewood Golf Course spoke in opposition to the rate increases. Simpson shared concerns regarding the fees paid by college leagues and believes these fees to be unreasonably low. Derek Collier, a resident of Southwind Subdivision, shared concerns regarding the intersection of Route C and Tennyson. Collier provided an aerial view of approximately 120 homes whose occupants traverse the intersection multiple times daily. Collier stated that although there have been no fatalities as of yet, the day will come; it is only a matter of time. Mike McCray, a resident of Southwind Subdivision, also shared concerns regarding the intersection of Route C and Tennyson. McCray stated he and his child, a permit driver, cross the intersection daily. McCray said No one should have to die to create change. Paul Craghead also shared concerns regarding the intersection of Route C and Tennyson, stating visibility is a huge issue. Craghead thanked Mayor Benton and Bill Johnson for clearing the tree line at the intersection. PUBLIC HEARING: a. For the purpose of approving or denying an application submitted by Rickey and Heather Lacy d/b/a H&R Taxi, to establish and operate a Taxi Cab Service within the City of Fulton. Mayor Benton declared this hearing open at 7:39 p.m. There were three calls for anyone wishing to speak in opposition of the matter being considered. First Call: Is there anyone present who wishes to speak in opposition of this matter? There were none. Second Call: Is there anyone present who wishes to speak in opposition of this matter? There were none. Third and Final Call: Is there anyone present who wishes to speak in opposition of this matter? There were none. There were three calls for anyone wishing to speak in favor of the matter being considered. First Call: Is there anyone present who wishes to speak in favor of this matter? There were none. Second Call: Is there anyone present who wishes to speak in favor of this matter? There were none. Third and Final Call: Is there anyone present who wishes to speak in favor of this matter? There were none. Mayor Benton declared this Public Hearing closed at 7:42 p.m. UNFINISHED BUSINESS: a. Whiskey Wild Building Bill Johnson, Director of Administration, stated that the awning of the building has been removed and the area will be painted once temperatures warm up.

3 Page 3 b. Traffic Commission Recommendation: Tennyson Road and Route C Commission recommended the City Council vote on an estimated $10,000 expenditure to install yellow warning flashers on MoDOT s Right of Way. Kyle Bruemmer, Interim City Engineer stated that Councilwoman Rehklau has been very active in advocating for change. The City has asked MoDOT for speed reduction to 40 mph; however, MoDOT is not willing to handle the issue or approve the speed reduction. Councilwoman Rehklau also stated that, in her communication with MoDOT, MoDOT is not willing to allow a four-way stop at the intersection. Motion was offered by Councilman West and seconded by Councilwoman Rehklau to instruct the City Clerk to draft an ordinance to lower the speed limit on Route C to 40 mph 300 feet south of its intersection with Tennyson Road. Motion carried with seven members of the council voting in favor, and one member (Chailland) absent. The council would like this ordinance submitted for First Reading at the next regularly scheduled council meeting, and have asked that MoDOT s District Engineer, Sen. Jeanie Riddle, and Rep. Travis Fitzwater to be present for the discussion. Bruemmer highlighted major street projects for the next two years. The Fourth Street Project, providing a widened street, ADA-compliant sidewalks, underground utilities, and expanded bike lanes, will be partially funded by a TAP Grant awarded to the City of Fulton. Bruemmer stated that the project is estimated to be nearly $500, with the grant to cover nearly half of that total. This project will be constructed in 2018, meaning the 2018 budget will have to cover the city s portion of the project. Also in 2018, the City of Fulton will have the opportunity to piggy-back onto MoDOT s revitalization project of its portions of North Bluff Street and South Business 54. MoDOT is responsible for the roadway and sidewalks of: North Bluff Street to Ovid Bell Press, and the Roundabout through South Business 54. MoDOT will spend an estimated $1.1 million to revitalize these roadways and bring the accompanying sidewalks to ADA compliance. Bruemmer stated that the City of Fulton can design and estimate our portion of the project, the roadway between Ovid Bell Press and the Roundabout, so that this can be bid alongside MoDOT s sections for a total package project. Bruemmer stated that the roadway and sidewalks from Sixth Street North to Ovid Bell Press are currently in need of the greatest repairs and estimated costs are roughly $700, Bruemmer and Johnson stated that this project will be bid in 2017, and the city will be required to pay its portion in This will translate to limited-to-no asphalt overlay projects in both 2017 and Following much discussion, the council agreed to pursue this opportunity and agreed to utilize funds from the Storm Water sales tax money for two years for this project. NEW BUSINESS: a. Bruce Hackmann was present to discuss modifications to the Economic Development Retail Electric Utility Refund Program. Hackmann provided an overview of filled retail spaces within the city. Hackmann also provided a brief overview of the Retail Coach contract and discussed the upcoming Las Vegas Retail Conference that he and

4 Page 4 Chamber Executive Director, Tamara Fitzpatrick will attend along with the Retail Coach. Hackmann explained that the revised Electric Utility Refund Program will allow for a third category of businesses, those having 20 or more employees, to receive the refund for up to 12 months, with a monthly benefit not to exceed $1, Motion was offered by Councilman Vaughn and seconded by Councilman Shiverdecker to accept the revisions as presented. Motion carried with seven members of the council voting in favor, and one member (Chailland) absent. b. Theater Fire Line discussion. Hackmann presented a request, on behalf of the Brick District Playhouse, for the installation of a fire line into the old theater building. Hackmann stated that without the HVAC and Fire Suppression system, the theater cannot open the auditorium or move forward. The estimated cost of time and materials for the city to install this Fire Line is $5, Following some discussion, motion was offered by Councilman Moore and seconded by Councilman Vaughn to authorize the installation of the fire line for the Brick District Playhouse. Motion carried with seven members of the council voting in favor, and one member (Chailland) absent. c. Request by Police Chief, Steve Myers, to destroy the following records pursuant to RSMo : i Accident Reports ii Incident Reports iii & 2014 Traffic Profiling Data Entry Forms iv & Prior Reception Logs & Citizen Assist Log Motion was offered by Councilman Vaughn and seconded by Councilman Moore to authorize the disposition of the aforementioned records. Motion carried with seven members of the council voting in favor, and one member (Chailland) absent. d. Channel 991 Streaming & Video Discussion. Assistant Director of Administration, Rob Barnes stated the city has had technical issues with Channel 991 broadcasting for quite some time. Streaming service has been spotty and unreliable on various devices. Barnes suggested utilizing YouTube for a small investment and discontinuing use of the Channel 991 service. Following some discussion, motion was offered by Councilman West and seconded by Councilwoman Rehklau to approve the investment into YouTube services and to discontinue the use of Channel 991. Motion carried with seven members of the council voting in favor, and one member (Chailland) absent. e. Glass Recycling discussion.

5 Page 5 Bill Johnson stated that the city was approached by Ripple Glass Recycling of Kansas City to place a roll off container for the purpose of recycling glass within the city. Johnson stated that the only cost associated with allowing glass recycling at a specified drop-off container will be the cost to periodically haul the roll off to Jefferson City. The city will provide a roll off container, and Ripple Glass will provide the purple paint and signage for the container. Earlier in the day, Johnson and some members of the council spoke with the Mayor of Jefferson City. Jefferson City currently utilizes this same service and is willing to allow the City of Fulton to deliver our glass recyclables to Jefferson City. Motion was offered by Councilman Vaughn and seconded by Councilwoman Rehklau to authorize the glass recycling program as presented. Motion carried with seven members of the council voting in favor, and one member (Chailland) absent. J.C. Miller, Solid Waste Manager and Bill Johnson will designate a location for this roll-off container and the City will inform citizens when they may begin dropping off their glass recyclables. Mayor Benton dismissed the council at 8:55 p.m. for a short break. The council reconvened at 9:04 p.m. COUNCIL CONCERNS: Councilman West thanked the city s animal control officers for their assistance with an issue earlier in the month. Councilwoman Rehklau offered a motion to approve the taxi cab application from earlier in the evening. Motion was seconded by Councilman Cannell and carried with seven members of the council voting in favor, and one member (Chailland) absent. Councilwoman Gray expressed concerns regarding a house on West Chestnut. Planning & Protective Services Director, Les Hudson is actively working on this situation. Councilman Vaughn also expressed concerns regarding a house on Locust. Hudson will look into this situation. Councilman Moore shared concerns regarding customer service at Tanglewood and believes there needs to be additional adult management and supervision in the evenings. RESOLUTIONS: Resolution No was presented by Councilwoman Rehklau. a. Resolution No. 3276: A Resolution authorizing the Mayor, on behalf of the City of Fulton, Missouri, to sign all necessary documents to assign Five Percent (5%) of a class action settlement to the Missouri Municipal League, and establishing an effective date. Motion was offered by Councilwoman Rehklau and seconded by Councilman Cannell to adopt Resolution No at tonight s council meeting. Motion was then offered by Councilman West and seconded by councilman Cannell to amend Resolution No to assign 10% of the settlement instead of 5%. Motion carried with seven members of the council voting in favor, and one member (Chailland) absent.

6 Page 6 Motion to adopt Resolution No AS AMENDED carried with seven members of the council voting in favor, and one member (Chailland) absent. Resolution No was presented by Councilman Vaughn. b. Resolution No. 3277: A Resolution authorizing the Mayor, on behalf of the City of Fulton, Missouri, to sign all necessary documents to enter into a commercial lease with Terry Rehma for the Electric Building located at 1024 Westminster Ave., and establishing an effective date. Motion was offered by Councilman Vaughn and seconded by Councilman Shiverdecker to adopt Resolution No at tonight s council meeting. Motion was then offered by Councilman Moore and seconded by Councilwoman Rehklau to amend the contract to require 60 days written notice of termination of the lease. Motion carried with seven members of the council voting in favor, and one member (Chailland) absent. Motion to adopt Resolution No with the contract amendment carried with seven members of the council voting in favor, and one member (Chailland) absent. ORDINANCES: SECOND READING Bill No was presented for Second Reading by Councilman West. a. Bill No. 1466: An Ordinance readopting Ordinance No , enacting Chapter Two, Administration. Article I. In General, Sections 2-9 through 2-13 pertaining to the annual Financial Disclosure Requirements, Fulton City Code, and establishing an effective date. Motion was offered by Councilman West and seconded by Councilman Moore to place Bill No for Third Reading at tonight s council meeting. Motion carried with seven members of the council voting in favor, and one member (Chailland) absent. Bill No was presented for Third Reading by Councilman West. Motion was offered by Councilman West and seconded by Councilwoman Gray to place Bill No for Final Passage at tonight s council meeting. Motion carried with seven members of the council voting in favor, and one member (Chailland) absent. Roll call vote of the members of the council was as follows: Gray, YES; Moore, YES; Rehklau, YES; Shiverdecker, YES; Vaughn, YES; West, YES; Cannell, YES. Bill No. 1466, having received the affirmative vote of seven members of the council, was declared passed by the President of the Council. Bill No was presented for Second Reading by Councilman Moore.

7 Page 7 b. Bill No. 1467: An Ordinance authorizing the Mayor, on behalf of the City of Fulton, Missouri, to execute all necessary documents in relation to the Missouri Highways and Transportation Commission Transportation Alternatives and STP-Urban Funds Program Agreement regarding Federal Project No. TAP-2700(508), and establishing an effective date. Motion was offered by Councilman Moore and seconded by Councilman Shiverdecker to place Bill No for Third Reading at tonight s council meeting. Motion carried with seven members of the council voting in favor, and one member (Chailland) absent. Bill No was presented for Third Reading by Councilman Moore. Motion was offered by Councilman Moore and seconded by Councilman Shiverdecker to place Bill No for Final Passage at tonight s council meeting. Motion carried with seven members of the council voting in favor, and one member (Chailland) absent. Roll call vote of the members of the council was as follows: Moore, YES; Rehklau, YES; Shiverdecker, YES; Vaughn, YES; West, YES; Cannell, YES; Gray, YES. Bill No. 1467, having received the affirmative vote of seven members of the council, was declared passed by the President of the Council. APPOINTMENTS: a. Kate Keith shall be considered for appointment to the Historic Preservation Commission. b. Richard Vaughn shall be considered for appointment to the University of Missouri Extension Board. Motion was offered by Councilman Moore and seconded by Councilman Shiverdecker to approve the appointments as presented. Motion carried with seven members of the council voting in favor, and one member (Chailland) absent. ANNOUNCEMENTS: a. MML s Annual Legislative Conference will be held February 14-15, 2017 in Jefferson City for Councilmembers who are registered to attend. b. The next meeting of the City Council will be held Tuesday, February 28, 2017 at 6:30 p.m. c. IMGA will host its Annual Meeting on Tuesday, March 28, Councilmembers who wish to attend must notify the City Clerk no later than Tuesday, March 14, EXECUTIVE SESSION: Mayor Benton said there was no need for an Executive Session at this council meeting. ADJOURNMENT: There being no further business to come before the council, motion was offered by Councilman Shiverdecker and seconded by Councilman West to adjourn this meeting. Motion carried with seven members of the council voting in favor, and one member (Chailland) absent. The meeting adjourned at 9:36 p.m.

8 Page 8 LeRoy D. Benton, Mayor _ Courtney Crowson, City Clerk