CITY COUNCIL MINUTES SEPTEMBER 27, 2011

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CITY COUNCIL MINUTES SEPTEMBER 27, 2011 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. 4 th Street. Present and presiding were LeRoy D. Benton, Mayor; William R. Johnson, Director of Administration; Heather Cooke, Deputy City Clerk; and Steve Myers, Chief of Police. The meeting was called to order by Mayor Benton at 6:30 p.m. Roll call was taken by the Deputy City Clerk and members of the council present were Cannell (arrived at 6:45 p.m.); Chailland; Moore; Pautz (left at 8:05 p.m.); Rehklau; Shiverdecker; Vaughn; and West. Department heads present were Kathy Holschlag, Chief Financial Officer; Greg Hayes, City Engineer; Les Hudson, Director of Planning and Protective Services; Dean Buffington, Fire Chief; Clay Caswell, Parks & Recreation Director; J.C. Miller, Solid Waste Manager; Matt Harline, Assistant Director of Administration; Sharon Cleveland, Purchasing Agent; and Michelle Frazee, Human Resource Director. Others present were Robbie Smith, Chamber of Commerce; Vicki McDaniel, Civil War Heritage Group; Barbara Huddleston, Civil War Heritage Group; Joe Holt, Civil War Heritage Group; Steve McBee; Tiffany McBee; Elizabeth Dunlap; Rick Byrd, Tantalus Systems, Inc.; Mandi Steele, The Fulton Sun; Jeremy Polston; and Justin Dean, Audio/Visual. INVOCATION: Invocation was given by Pastor Bruce Williamson. COMMENTS FROM VISITORS: Mayor Benton asked if there was anyone present who wished to address the council that was not listed on the agenda to please come to the podium and state their name, address and area of concern. Joe Holt, representing the Civil War Heritage Group, approached the podium and gave a brief description of the Gray Ghost Trail memorials to be placed in Fulton. He stated that these memorials will be placed in three locations, Westminster and 5 th Street (already in place), Hockaday House (already in place) and the County Court House (to be installed soon). The Civil War Heritage Group is requesting permission to place thirteen directional signs in the city limits. Mr. Holt gave the council maps of the Gray Ghost Trail. Elizabeth Dunlap, resident of 107 W. Chestnut, approached the podium and expressed a concern about the placement of No Parking signs in front of her residence without any prior notification. She stated that the only time parking is an issue in the area is on Sunday mornings during the services at Southside Baptist Church. Ms. Dunlap urged the council to contact the church to notify them that parking on the corner of Chestnut and Palmer streets is an issue. She commented that disallowing parking in front of her house affects her opportunity for visitor parking at her home and it is also an issue for the neighbor across the street who is disabled and needs to use that parking area. She also reported that speeding is an issue on Chestnut and Palmer and that speeding could possibly have been a factor in the recent accident which occurred at that intersection. She asked that the council take this information into consideration. (Councilman Cannell arrived at 6:45 p.m.)

Page 2 of 7 MINUTES: The council meeting minutes for August 23, 2011, were presented for approval. Motion was offered by Councilman West and seconded by Councilman Pautz that the council meeting minutes for August 23, 2011 be approved as presented. Motion carried with all eight members of the council voting in favor. FINANCIALS: The Financials for the month of August 2011 were presented to the council and Kathy Holschlag, Chief Financial Officer, was present to answer questions from the council. Upon review and some discussion, motion was offered by Councilman Cannell and seconded by Councilwoman Rehklau to accept the August 2011 Financials as presented. Motion carried with all eight members of the council voting in favor. DIRECTOR OF ADMINISTRATION REPORT FOR AUGUST 2011: The Director of Administration Report for August 2011 was presented to the council for review. Upon review and discussion, motion was offered by Councilman West and seconded by Councilman Pautz to accept the Director of Administration Report for August 2011 as presented. Motion carried with all eight members of the council voting in favor. UNFINISHED BUSINESS: a) Update from Mayor Benton on the proposed Dog Ordinance. The Mayor gave an update on the status of the proposed Animal Ordinance amendments. The council was given a draft of the newly revised ordinance and the mayor asked that the council review the material for the November 8 th work session. He asked them to bring any suggested changes to that work session. The Mayor also requested that the latest proposed draft of the ordinance be posted on the City of Fulton website. NEW BUSINESS: a) Discussion of the request received from the Chamber of Commerce to hold the Annual Trick or Treat in the downtown area on Monday, October 31 st from 3:30 p.m. to 5:00 p.m. Robbie Smith from the Chamber of Commerce gave a brief description of the event and was available to answer questions. Motion was offered by Councilman West and seconded by Councilman Moore to grant permission for this request as presented. Motion carried with all eight council members voting in favor.

Page 3 of 7 b) Permission needed for Westminster College to host a 5K run on Saturday, October 22, 2011. After some discussion, motion was offered by Councilman Cannell and seconded by Councilman Moore to grant permission for this event as presented. Motion carried with all eight members of the council voting in favor. c) Review and discuss the proposed updating of the current nuisance code on mowing and trash removal. Les Hudson addressed the council and recommended the adoption of an ordinance such as Boonville s. After some discussion a motion was offered by Councilman Vaughn and seconded by Councilwoman Rehklau to adopt a new code on mowing and trash removal by having the administration prepare an ordinance to be presented at the next regularly scheduled council meeting. Motion carried with all eight council members voting in favor. d) Review and approval needed on the proposed Snow Policy. Greg Hayes, City Engineer, led a review and discussion of the proposed snow policy. After some discussion, a motion was offered by Councilman Vaughn and seconded by Councilman Pautz to adopt a snow policy by having the administration prepare an ordinance to be presented at the next regularly scheduled council meeting. Motion carried with all eight council members voting in favor. e) Update from Greg Hayes, City Engineer, on the Airport Advisory Board Meeting held on Monday, August 8 th. Greg Hayes gave an update on the August Airport Advisory Board Meeting. He summarized the preliminary findings of the consultant who is working on the master plan. Some discussion followed. f) Update from Steve Moore, council liaison, on the Traffic Commission meeting held on Tuesday, September 20 th. Because Councilman Moore did not attend the Traffic Commission Meeting, he asked Greg Hayes, City Engineer to present the update. After some discussion, Mr. Hayes recommended that the traffic ordinance be amended to allow parking on the south side of E. 8 th Street in front of Kingdom Christian Academy. Mr. Hayes

Page 4 of 7 requested that the council consider this recommendation and that it be added as an agenda item at the next regularly scheduled council meeting. After further discussion, a motion was offered by Councilman Cannell and seconded by Councilman Vaughn to approve the placement of the thirteen Gray Ghost Trail directional signs as presented by the Civil War Heritage Group. Motion carried with all eight council members voting in favor. Councilman Cannell asked the council to consider naming the street at the new Fire Station after Alan Leake. Mayor Benton asked that the Traffic Commission take that request under consideration. (Council Pautz left the meeting at 8:05 p.m.) g) Update from Richard Vaughn, council liaison, on the Historic Preservation Commission Meeting held on Tuesday, September 20 th. Councilman Vaughn gave an update on the September Historic Preservation Commission meeting. h) Update from John Pautz, council liaison, on the Utility Board meeting held on Monday, September 26 th. In Mr. Pautz s absence, Mayor Benton gave the update on the September Utility Board Meeting. Rick Byrd from Tantalus Systems gave a live demonstration of the Smart-grid software. Greg Hayes reviewed the status of the Manhole Rehabilitation project. i) Update from Clay Caswell, Director of Parks and Recreation, on the Park Board Meeting held on Tuesday, September 20 th. Clay Caswell gave an update on the September Park Board Meeting. There is $100,000 budgeted for park improvements for 2011. The Park Board is asking the council to consider three project options for the $100,000: Option A: Development of Memorial Field into a downtown park and using the existing fence to finish Anderson Baseball Field. Option B: Completion of Anderson Baseball Field to include fence, dugouts, infield dirt, bleachers, lights, etc. Option C: Infrastructure at Tennyson Road Park to include roads, parking lots, utilities as far as the $100,000 would go. The council asked that these three options be posted on the City of Fulton website with an opportunity for citizens to provide feedback. The mayor requested that this item be placed for discussion at the next regularly scheduled council meeting.

Page 5 of 7 RESOLUTIONS: Resolution 3132 was presented and read by Councilman Chailland. Resolution No. 3132: A Resolution authorizing the mayor, on behalf of the City of Fulton, Missouri, to execute a contract with Ken Kaufman & Sons Excavating, LLC, Jefferson City, Missouri, in the amount of One Hundred Ninety-One Thousand Fifty-Five Dollars ($191,055.00) for the 2011 Sanitary Sewer Replacement Project, and establishing an effective date. (Copy is included in the official Resolution Book). Motion was offered by Councilman Chailland and seconded by Councilman Cannell to adopt Resolution 3132 at this council meeting. Motion carried with seven council members voting in favor and one council member (Pautz) absent. ORDINANCES Bill No. 1333 was presented for first reading by Councilman Moore. Bill No. 1333: An Ordinance establishing the compensation for the Offices of Newly Elected Mayor and Council Members for the City of Fulton, and establishing an effective date. Motion was offered by Councilman Moore and seconded by Councilman Shiverdecker to place Bill No. 1333 for second reading at the next regularly scheduled council meeting. After much discussion, a subsidiary motion to amend the pending motion by changing the compensation amounts for the office of mayor to $1,250.00 per month and the compensation for the office of council member to $250.00 per month was offered by Councilman Cannell and seconded by Councilwoman Rehklau. Motion to amend FAILED with two council members voting in favor (Cannell and Rehklau), five voting against (Chailland, West, Shiverdecker, Moore and Vaughn) and one council member (Pautz) absent. Motion to place Bill No. 1333 for second reading at the next regularly schedule council meeting carried with four council members voting in favor (Chailland, Rehklau, Moore, Shiverdecker), three council members voting against (West, Cannell, Vaughn) and one member (Pautz) absent. Bill No. 1334 was presented for first reading by Councilman Moore. Bill No. 1334: An Ordinance Amending Chapter 110. Traffic and Vehicles, Sec. 110-283. Stop Signs and Yield Signs, by adding Stop Signs at the Intersection of East Ninth Street and Vine Street, and establishing an effective date. Motion was offered by Councilman Moore and seconded by Councilman Shiverdecker to place Bill No. 1334 for second reading at the next regularly scheduled council meeting. Motion carried with seven council members voting in favor and one member (Pautz) absent. Bill No. 1335 was presented for first reading by Councilman Vaughn.

Page 6 of 7 Bill No. 1335: An Ordinance amending Chapter 110. Traffic and Vehicles, Sec. 110-341. Parking on Certain Streets Prohibited or Limited, by Adding No Parking on the North Side of West Chestnut at the Intersection of Palmer Street, and establishing an effective date. Motion was offered by Councilman Vaughn and seconded by Councilman Cannell to place Bill No. 1335 for second reading at the next regularly scheduled council meeting. After some discussion, the council asked Mr. Hayes to look at reducing the distances of these no parking zones and bring his recommendation to the next meeting. Motion carried with six council members voting in favor, one council member (Chailland) voting against and one council member (Pautz) absent. Bill No. 1331 was presented for second reading by Councilman West. Bill No. 1331: An Ordinance fixing the Tax Rate and Levying Taxes for the Calendar Year 2011 on all taxable property in the City and establishing an effective date. (Copy is included in the official Ordinance Book). Motion was offered by Councilman West and seconded by Councilman Moore to place Bill No. 1331 for third reading at this council meeting. Motion carried with seven members of the council voting in favor and one member (Pautz) absent. Bill No. 1331 was read for the third time by Councilman West. Motion was offered by Councilman West and seconded by Councilman Shiverdecker to place Bill No. 1331 for final passage at this council meeting. Motion carried with seven members of the council voting in favor and one member (Pautz) absent. Roll call vote of members of the council were as follows: Cannell, yes; Chailland, yes; Moore, yes; Rehklau, yes; Shiverdecker, yes; Vaughn, yes; and West, yes. Bill No. 1331 having received the affirmative vote of seven members of the council and one member (Pautz) absent, was declared passed by the President of the Council. APPOINTMENTS: The Mayor announced the establishment of a new committee, the Tanglewood Advisory Committee. The committee will consist of six members. The Mayor asked for the council to approve his appointments to this committee: Charlie March, Tony Galbreath, Wayne Bill, Janie Smith, Wit McCoskrie, and Scott King. Wayne Chailland will be council liaison. Motion was offered by Councilman Cannell and seconded by Councilman West to approve the Mayor s appointments to the Tanglewood Advisory Committee as presented. Motion carried with seven members of the council voting in favor and one member (Pautz) absent.

Page 7 of 7 ANNOUNCEMENTS: Mayor Benton announced that the council will be reviewing the 2012 budget at the work session in November. The council was given a draft of the budget to review. The Deputy City Clerk reminded the council that the checks which were distributed to them for MML reimbursement were live checks, not direct deposit. Bill Johnson announced that Allied Waste in Jefferson City is having an Open House on October 6 th. He invited any interested council members to join him for the event which includes lunch and a tour of the facility. He will be leaving at about 11:00 a.m. on October 6 th and returning around 1:00 p.m. 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 West and seconded by Councilman Chailland to adjourn this meeting. Motion carried with seven members of the council voting in favor and one member (Pautz) absent. The meeting adjourned at 9:35 p.m. LeRoy D. Benton, Mayor Heather D. Cooke Deputy City Clerk