CITY COUNCIL MINUTES OCTOBER 10, 2017

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1 CITY COUNCIL MINUTES OCTOBER 10, 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: Chailland, Gray, Moore, Rehklau, Shiverdecker, Stone, and Vaughn. Absent was Councilmember West. 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, Fire Chief; Clay Caswell, Parks & Recreation Director; JC Miller, Solid Waste Manager; Michelle Maupin, Human Resources Director; Pastor Bruce Williamson; Jenny Gray of THE FULTON SUN; Michael Haldeman and Darin Wernig, Audio/Video; and visitors: Judy McKinnon, Connie Epperson, Sara McDaniel, Robert Wilson, Chris Garrett, Stephanie Shepherd, Darren Dzurick, Mark Fuller, Merit McLeod, Scott Peterson, and DeShawn Stallworth. INVOCATION: Invocation was given by Pastor Williamson. 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. Judy McKinnon, 1765 Ashley Court, was present to express concern regarding the proposed tiny house ordinance that would require a minimum habitable square footage. McKinnon stated she feels the city should focus its efforts to ensuring construction and quality standards are met. McKinnon also said she believes the tiny houses are an affordable option for people who live alone and/or are unable to afford homes with a higher price tag, and the homes are more eco-friendly than standard homes. Stephanie Shepherd, 732 Brookside, was present to express concern regarding an influx of parking on both sides of the street in front of the Ambulance Station on the south end of Hickman Avenue causing low visibility and cars to meet head on. Shepherd asked the council to consider enacting and enforcing an ordinance to prohibit parking on one side of the street. Shepherd thanked the Police Department for addressing her concerns and speaking with the personnel at the Ambulance Station, but said she believes the council should enact an ordinance to permanently address the situation. Chris Garrett, 1009 W. Avenue, was present to express concern regarding the proposed Memorandum of Understanding with the YMCA of Callaway County. Garrett stated the council would be agreeing to provide a sizeable amout of funding to the YMCA and noted that the 792 citizens who voted in favor of the half-cent Parks & Recreation/Storm Water sales tax were told the money would be used for storm water improvements and a public recreational facility. Garrett stated he feels it would be dishonest to fund the YMCA, a private business with tax-payer funds. Darren Dzurick, 5054 Pendergras, was present to express concern regarding the proposed Memorandum of Understanding with the YMCA of Callaway County. Dzurick stated the taxes approved by voters should not be used to fund a private entity, and he had spoken with many citizens who are opposed to the city partnering with the YMCA for an aquatic center. Dzurick stated that the YMCA is a county-wide facility and asked if the other towns and county officials are also going to be expected to contribute for this cause.

2 Page 2 Mayor Benton stated he had a need to amend this evening s agenda by adding Item B. April 2018 Election Items under New Business. Motion was offered by Councilman Stone and seconded by Councilwoman Rehklau to add Item B. accordingly. Motion carried with seven members of the council voting in favor, and one member (West) absent. APPROVAL OF THE CONSENT AGENDA: The following items were distributed to each member of the City Council for review and study as a part of their council packet. Mayor Benton presented each item and stated the council may choose to remove any item from the Consent Agenda for discussion at this time. a. Approval of the YMCA Glow Run 5K event request for Friday, October 27, 2017 at 5:00 p.m. i. This event has been reviewed and approved by Chief Myers and will require Police assistance with crossing Route Z. b. Approval of the Jaycee s Annual Christmas Parade event request for Saturday, December 2, 2017 at 1:00 p.m. i. This event has been reviewed and approved by Chief Myers and will require Police assistance throughout the parade route. ii. Motion was offered by Councilman Shiverdecker and seconded by Councilman Moore to approve the Consent Agenda, as presented. Motion carried with seven members of the council voting in favor, and one member (West) absent. UNFINISHED BUSINESS: There was no Unfinished Business for consideration at this meeting. NEW BUSINESS: a. Connie Epperson and Sara McDaniel were present to discuss the YMCA Proposal for an aquatic center. Connie Epperson, YMCA Board President, and Sara McDaniel, YMCA Director, took turns providing information regarding the current status of the YMCA s capital campaign and plans to request a partnership with the City of Fulton for an aquatic center. Epperson stated that a partnership with the city would be beneficial in many ways and would provide the YMCA with additional grant opportunities. McDaniel stated the YMCA has been awarded NAP credits and has garnered the support of three local businesses. McDaniel stated the intent is for the city to close Oestreich Municipal Pool and for the YMCA to take on the aquatic programs, although at this time, there are no specific terms on open swim times for the public and schedules. McDaniel stated the MOU language has evolved based on many conversations with Mayor Benton and a councilmember and she believes the dollar amounts defined in the agreement are an estimate of what it will take to offset operating costs for the aquatic center. Councilwoman Gray stated she had been contacted by a constituent who was very opposed to any partnership

3 Page 3 with the YMCA and stated the organization has had a history of non-commitment when working with the city in the past, and for those reasons, she would not vote in favor of an agreement with the YMCA. Epperson stated that those issues had taken place under different leadership within the organization and did not reflect the current vision of the YMCA. Councilman Stone asked if the YMCA has consulted the Park Board to ensure this plan fits within the Park Board s strategic plan and asked how the YMCA perceives the public will be able to utilize the pool. Epperson stated Clay Caswell, Parks & Recreation Director, has been invited to the YMCA s meetings and that Mayor Benton and Bill Johnson were aware of the YMCA s plan and proposal. Epperson also stated she envisions an entrance fee for the aquatic center with open swim times for the public and noted that currently, the city s pool is only operational for three months of the year, whereas the proposed aquatic center will be designed for indoor/outdoor, year-round use. Councilwoman Gray reiterated her previous sentiments that when the citizens approved the parks and recreation tax, it was meant for use for city facilities, not a YMCA facility, and she feels it would be dishonest to use the funds in this manner. b. April 2018 Election Items Mayor Benton stated the City Council, during the Work Session earlier in the evening, had discussed taking two ballot issues before the citizens for the April 2018 election. The first issue would amend the city s charter to allow the city to avoid holding an election for uncontested candidacies in an effort to cut the city s election costs. This would mean that if any elected office had only one candidate file by the deadline, the city would not be required to hold an election for that office. If the city chose to place a question on the ballot, all wards would still have an election to vote on the issue. The second issue would enact a use tax to capture sales tax on items purchased online. Motion was offered by Councilman Stone and seconded by Councilwoman Rehklau to direct Administration to draft ordinances for both of these proposed ballot questions for consideration at the next council meeting. Motion carried with seven members of the council voting in favor, and one member (West) absent. COUNCIL CONCERNS: Councilman Moore addressed the concern earlier in the meeting regarding parking on the south end of Hickman Avenue and suggested the topic be taken to the Traffic Commission. Councilwoman Gray asked for clarification regarding the status of the Smart Grid and why all meters have not been deployed. Darrell Dunlap, Superintendent of Utilities, stated that the city is still operating on its maintenance contract for the project, and until all of the utilities are able to be billed through the system, there is no reason to deploy an excessive number of meters. Bill Johnson also noted than no unplanned purchases or expenditures have taken place, and the city will continue to refrain spending additional funds until it is clear the project is viable and fully-functioning. An update on the Smart Grid will be given at the next

4 Page 4 council meeting. RESOLUTIONS: Resolution No was presented by Councilman Chailland. a. Resolution No. 3292: A Resolution authorizing the Mayor, on behalf of the City of Fulton, Missouri, to enter into a Memorandum of Understanding with the YMCA of Callaway County, Missouri, regarding a proposal for an indoor aquatic facility, to sign all necessary documents in relation to said Memorandum of Understanding, and establishing an effective date. Motion was offered by Councilman Chailland and seconded by Councilwoman Gray to adopt Resolution No at tonight s meeting. Councilman Vaughn stated there had been a lot of back and forth conversation on this issue, and he was surprised the council hasn t had a recommendation from the Park Board before this was provided for consideration of passage. Motion was offered by Councilman Stone and seconded by Councilman Shiverdecker that this Memorandum of Understanding be tabled and reviewed by the Park Board and that they provide a recommendation accordingly. Motion carried with seven members of the council voting in favor, and one member (West) absent. Resolution No was presented by Councilman Vaughn. b. Resolution No. 3293: A Resolution authorizing the Mayor, on behalf of the City of Fulton, Missouri to enter into an Agreement with the Local 2945 International Association of Firefighters and establishing an effective date. Motion was offered by Councilman Vaughn and seconded by Councilman Shiverdecker to adopt Resolution No at tonight s meeting. Mayor Benton asked Michelle Maupin, Human Resources Director and member of the city s negotiating team to address the council. Fire Chief, Kevin Coffelt also came forward with Maupin. Maupin stated that both negotiating teams had come together in good faith to negotiate an agreement, but there were two issues in the proposed agreement that are troublesome for the city. Maupin explained that in the discipline section of the document, the agreement states than no member may be fired without just cause. Maupin stated the city always documents and tries to seek legal counsel prior to termination whenever possible, and the term just cause is a legal term that is subjective and often difficult to define. Maupin said the second issue lies in the agreement s Extended Leave policy. The agreement would allow members to utilize extended sick leave for family members after using only 48 hours of PTO (paid time off).

5 Page 5 Maupin explained that all other city employees must exhaust their PTO, which encompasses both sick and vacation time, prior to kicking into extended leave for a family member s illness. Therefore, she believes the agreement provides members with a benefit that is unavailable to any other city employee. Councilwoman Gray stated that she needed to recuse herself from the conversation and vote due to a conflict of interest as she has a child employed within the department, and is doing so based on state regulations and recommendations. Councilman Vaughn stated he would also like to recuse himself from the conversation and vote based on his union background. Mayor Benton asked both members to enter the Council Study. Both members left the meeting and entered the Council Study at 7:50 p.m. Mayor Benton reiterated the motion and second to approve Resolution No at tonight s meeting and called for a vote to the question at-hand. Motion failed with no members of the council voting in favor, five members (Chailland, Moore, Rehklau, Stone, Shiverdecker) opposed, two members (Gray, Vaughn) recused, and one member (West) absent. Councilmembers Gray and Vaughn reentered the Council Chambers at 7:52 p.m. Resolution No was presented by Councilwoman Rehklau. c. Resolution No. 3294: A Resolution authorizing the Mayor, on behalf of the City of Fulton, Missouri, to execute an Agreement with Burns & McDonnell for Task Order Three (3) regarding the Route O Lift Station Improvements Project with costs not to exceed Fifty-Five Thousand, One Hundred Forty-Four Dollars ($55,144.00), and to sign all other necessary documents in relation to said Agreement and Task Order. Motion was offered by Councilwoman Rehklau and seconded by Councilman Chailland to adopt Resolution No at tonight s meeting. Dunlap stated that the lift station is worn out and in need of replacement and this task order will assist the city with preliminary design plans. Dunlap also informed the council that the proposal was taken to the Public Utility Board and gained their recommendation for approval. Motion carried with seven members of the council voting in favor, and one member (West) absent. ORDINANCES: FIRST READING Bill No was presented by Councilman Shiverdecker for First Reading. a. Bill No. 1481: An ordinance adopting an Official Budget and Capital Improvement Program and appropriating the funds of the city for the fiscal year beginning January 1, 2018 and

6 Page 6 ending December 31, Motion was offered by Councilman Shiverdecker and seconded by Councilman Stone to place Bill No for Second Reading at the next regularly-scheduled council meeting. Motion carried with seven members of the council voting in favor, and one member (West) absent. Mayor Benton stated the public hearing for the budget will be held during the next meeting on October 24, Kathy Holschlag, Chief Financial Officer provided an overview of the estimated funds and projects for 2018 including: the Route O lift station, Business 54 asphalt overlay with curb/guttering and underground utilities, the Fourth Street bike lane and roadway project with curb/guttering and underground utilities, and a new fleet management program. The fleet management program will begin with a capital investment in some new city vehicles that will be kept for 4-5 years to modernize the fleet and maximize the return on trade-in. Maupin stated that the proposed budget includes a 3% increase for full time employees in addition to a twenty-five cent raise across the board for hourly employees. Newly-hired employees will start at $10 per hour, with exceptions for fire (new personnel - $10.50 per hour) and police (new personnel - $14.42 per hour). Additionally, once an employee completes their six-month probationary period, they will be eligible for up-to-a 10% raise. This percentage is up 5% from previous years, giving supervisors the ability to raise salaries and allow an incentive for improvement. Bill No was TABLED during the September 26, 2017 meeting. b. Bill No TABLED: An Ordinance amending Appendix A, Zoning. Section 7, Density Regulations. Subsection (B), Exceptions to Lot Area and Width Requirements. Fulton City Code, to incorporate Subsection (B) (4) defining a minimum habitable structure requirement and establishing an effective date. Mayor Benton asked for a motion and second to remove Bill No from the table. No such motion was offered; thus, Bill No was declared dead by the President of the Council. This topic will go to the Planning & Zoning Commission for further review and recommendation. Bill No was TABLED during the September 26, 2017 meeting. a. Bill No TABLED: An Ordinance authorizing the Mayor, on behalf of the City of Fulton to sign all necessary documents in relation to a Memorandum of Understanding between the City of Fulton, Missouri, and the Missouri Department of Natural Resources for the

7 Page 7 implementation of a Native Plants and Pollinators Pilot Project and establishing an effective date. Bill Johnson stated no update has been provided from the Department of Natural Resources as of yet and recommended letting the bill die until a final agreement is provided. Mayor Benton asked for a motion and second to remove Bill No from the table. No such motion was offered; thus, Bill No was declared dead by the President of the Council. When the city receives the final confirmation from the Department of Natural Resources and the Missouri Department of Conservation, this issue will be assigned a new bill number and will be provided again to the council for consideration. Bill No was presented for First Reading by Councilman Stone. d. Bill No. 1485: An Ordinance amending Chapter 110 Traffic & Vehicles, Sec Speed Limits, Paragraph (3) of the Code of the City of Fulton, Missouri, by lowering the speed limit on Christopher Lane, Addison Street, and East First Street, to Twenty (20) miles per hour, and establishing an effective date. Motion was offered by Councilman Stone and seconded by Councilwoman Gray to place Bill No for Second Reading at the next regularly-scheduled meeting. Motion carried with seven members of the council voting in favor, and one member (West) absent. SECOND READING Bill No AS AMENDED was presented for Second Reading by Councilman Vaughn. a. Bill No AS AMENDED: An Ordinance repealing Ordinance No , enacting a new ordinance pertaining to a rural wastewater connection in its place, and establishing an effective date. Bill Johnson noted that the bill was amended to include the address of the Central Missouri Meat & Sausage building, as requested by the council. Motion was offered by Councilman Vaughn and seconded by Councilman Moore to place Bill No AS AMENDED for Third Reading at the next regularly-scheduled council meeting. Motion carried with seven members of the council voting in favor, and one member (West) absent. ANNOUNCEMENTS:

8 Page 8 a. The next meeting of the City Council will be held Tuesday, October 24, 2017 at 6:30 p.m. b. Registered councilmembers will attend the MML Central Division Gathering in Jefferson City on Wednesday, October 18, 2017, at 6:00 p.m. c. The Fulton Stream Team will host the 2 nd Annual Scream Clean event on Sunday, October 29, 2017 from 2:00 4:00 p.m. For additional information, contact the Engineering Department at 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 Stone to adjourn this meeting. Motion carried with seven members of the council voting in favor, and one member (West) absent. The meeting adjourned at 8:16 p.m. LeRoy D. Benton, Mayor Courtney Crowson, City Clerk