CITY COUNCIL MINUTES
JUNE 26, 2007
The Council of the City of Fulton, Missouri, met in regular session on Tuesday, June 26, 2007, in the Council Chambers of City Hall located at 18 E. 4th Street. Present and presiding were Charles M. Latham, Mayor; William Johnson, Director of Administration; Carolyn L. Laswell, City Clerk; and Roger Rice, Deputy Chief of Police. The meeting was called to order by Mayor Latham at 6:30 p.m. Roll call was taken by the City Clerk and members of the council present were Benton; Chailland; Digh; Gohring; Harris; Moore; and Pautz. Absent was Councilman Bill. Also present were Matt Harline, Assistant to the Director of Administration; Les Hudson, Code Enforcement Officer; Dean Buffington, Fire Chief; Kathy Holschlag, Interim Chief Financial Officer; Clay Caswell, Parks & Recreation Director; Greg Hayes, City Engineer; Sherri Redmon, Human Resource Director; Sharon Cleveland, Purchasing Agent; Cindy Tanner; Jan Kern; Dave Kern; Mike McCarter; Shirley McCarter; Jeff Young; Chris Collier; A. Wayne Lowen; Marcus Wilkins, Reporter for THE FULTON SUN; Jeremy Polston and Justin Dean, Audio/Video.
INVOCATION:
Invocation was given by Mayor Latham.
COMMENTS FROM VISITORS:
Mayor Latham asked if there was anyone present who wished to address the council that was not listed on tonight's agenda to please come to the podium and state their name, address and area of concern.
Cindy Tanner, 211 Collier Lane, said that all parties are happy with the proposed easement on Collier and Blackburn Streets.
Mike McCarter, 311 E. 5th Street, said his neighbor has four to six Doberman dogs and the leash law is not being enforced. The owner of these dogs washes away the dog waste and it runs down Mr. McCarter's driveway and onto his property. He has called Animal Control but to no avail. He wants the city to address this issue as soon as possible.
Jeff Young, Presbyterian Manor, asked the council's permission to obtain a permit to hold a small fireworks display for the residents of the Manor, on the 4th of July holiday. He said it would be like Roman Candles and that type of fireworks to be set off at 7:00 to 8:00 p.m. on Wednesday evening, July 4th.
MINUTES:
The council meeting minutes for May 22, 2007 were presented for approval.
Motion was offered by Councilwoman Chailland and seconded by Councilman Pautz that council meeting minutes for May 22, 2007 be approved as presented. Motion carried with seven members of the council voting in favor and one member (Bill) absent.
The council meeting minutes for June 12, 2007 were presented for approval.
Motion was offered by Councilman Pautz and seconded by Councilwoman Chailland that council meeting minutes for June 12, 2007 be approved as presented. Motion carried with seven members of the council voting in favor and one member (Bill) absent.
FINANCIALS:
The Financials for the month of May 2007 were listed on the agenda to be presented for approval, and Kathy Holschlag, Chief Financial Officer, was present to answer any questions from the council.
After some discussion and review, motion was offered by Councilman Benton and seconded by Councilwoman Digh that Financials for May 2007 be approved as presented. Motion carried with seven members of the council voting in favor and one member (Bill) absent.
DIRECTOR OF ADMINISTRATION REPORT FOR MAY:
The Director of Administration Report for May was presented to the council for review. Bill Johnson said he or any of the department heads at this meeting would answer any questions from the council.
Councilman Moore asked for the status of the Old Power Plant.
Les Hudson, Code Enforcement, said the first floor windows and doors have all been boarded up with metal sheets. Hopefully, that will prevent any children from entering this building and getting hurt.
Councilman Moore asked if the airport lights are still having problems. Greg Hayes, City Engineer, said that Burns & McDonald, consulting engineering firm, are still working on the problems.
Motion was offered by Councilman Pautz and seconded by Councilman Benton to accept the Director of Administration Report for the month of May as presented. Motion carried with seven members of the council voting in favor and one member (Bill) absent.
OLD BUSINESS:
There was none.
NEW BUSINESS:
a) Jason Ralston, Golf Pro at Tanglewood, will give an update on Tanglewood.
Councilwoman Digh asked why the income is down from last year. Jason said the weather for the first three months was bad, rainy wet, and cold. Gas prices are up and Columbia and Jefferson City are about twenty minutes driving time. However, the number of reserved tournaments (40) is (12) up from last year and there is money to be made from these.
The concession stand sells soda, beer, candy, and microwave sandwiches. Having a simple menu saves money on part-time personnel.
Jason said Tanglewood receives about 30% from Fulton, 20% from Columbia, 15% from Jefferson City and the thru Fulton traffic to the Lake of the Ozarks from St. Louis.
Jason reported that they have a Pro-Shop Keeper software program that tracks information on merchandise, golfing, food, etc.
He has a program on the city television channel whereby he gives golfing lessons.
The website for Tanglewood is up and running, showing each hole.
Ken Sundermeyer, Grounds Supervisor said the fairways are improved but it is still a work in progress and they are working on the bunkers. The zoysia grass is looking better and should be the best within four years.
The council discussed a possible sign marking the golf course that would be seen more. An estimated cost of a 12 1/2 x 20 two-sided sign was $37,000. More planning on a sign is definitely indicated and this will come back again to the council for further review and discussion.
Matt Harline, Assistant to the Director of Administration, said the city has received the final settlement from the fire at the golf course.
Ken said everything has been replaced or repaired with the exception of a few small hand tools.
Jan Bailey who takes charge of all the beautification at the golf course, is about ready to place designated spots to be adopted out by the general public. Some areas have already been adopted and are underway.
Tile drainage is recommended through-out the golf course.
Councilman Pautz asked for a copy of the golf course system's monthly print-out to be included in the monthly DOA report.
b) Presentation of the Capital Improvements Program.
Bill Johnson, Director of Administration, said it is required by the Charter for the capital budget to be presented to the council six months before the adoption of the annual operating budget. This is simply a wish-list and no council action is required at this time.
c) Update from LeRoy Benton, council liaison, on the Utility Board meeting.
The board reviewed and approved the board minutes; reviewed and accepted the Utility Financial Statements for May; reviewed and accepted the Utility Department's Monthly Report and the Superintendent of Utilities Report.
Natural gas prices were reviewed and in July the cost was listed at $7.50 per unit.
The board reviewed and discussed the Amended and Restated Prairie State Contract and made a recommendation to the council to approve. This contract with an ordinance will be presented and discussed later in this evening's council meeting.
The board also reviewed the Capital Outlay Program for Utilities and verified to the council their acceptance as required by the city charter.
RESOLUTIONS:
Wayne Lowen, Westminster College, explained the Industrial Development Authority must have all it's projects approved by the government that they are proposing the project for. Westminster College is tearing down Robinson Dining Hall and constructing seventy new freshman dormitories and tearing down the Beta House and constructing a new one at the same location. He thanked the city for their assistance on this project.
Resolution 2874 was presented and read by Councilman Moore.
Resolution 2874 - A Resolution Approving a project of the Industrial Development Authority of Callaway County, Missouri for Westminster College located in the City of Fulton, Missouri (Copy is included in the official Resolution Book).
Motion was offered by Councilman Moore and seconded by Councilman Harris to adopt Resolution 2874 at this council meeting. Motion carried with seven members of the council voting in favor and one member (Bill) absent.
Resolution 2875 was presented and read by Councilman Harris.
Resolution 2875 - A Resolution authorizing the Mayor, on behalf of the C.O.F., to enter into a contract with Rhad A Baker Construction, LLC, Fulton, MO., for the Reconstruction of the Power Plant Roof in the amount of $24,900.00 (Copy is included in the official Resolution Book).
Motion was offered by Councilman Harris and seconded by Councilman Pautz to adopt Resolution 2875 at this council meeting. Motion carried with seven members of the council voting in favor and one member (Bill) absent.
ORDINANCES:
Bill No. 1203 was presented and read for the first time by Councilman Benton.
Bill No. 1203 - An Ordinance Authorizing the execution & delivery by the C.O.F., of an amended and restated Unit Power Purchase Agreement between the Missouri Joint Municipal Electric Utility Commission & the City for the purchase and sale of capacity and energy from the Prairie State Energy Campus.
Motion was offered by Councilman Benton and seconded by Councilman Moore to place Bill No. 1203 for second reading at the next regularly scheduled council meeting. Motion carried with seven members of the council voting in favor and one member (Bill) absent.
Bill No. 1200 was read for the second time by Councilwoman Chailland.
Bill No. 1200 - An Ordinance Amending Appendix A-Zoning by adding a new paragraph to Section 4.Use Regulations., (B) Other Use Regulations, (1) Accessory Buildings, (a) Allowing for larger accessory buildings on larger lots and establishing an effective date (Copy is included in the official Ordinance Book).
Motion was offered by Councilwoman Chailland and seconded by Councilman Moore to place Bill No. 1200 for third reading at tonight's council meeting. Motion carried with seven members of the council voting in favor and one member (Bill) absent.
Bill No. 1200 was read for the third time by Councilwoman Chailland.
Motion was offered by Councilwoman Chailland and seconded by Councilman Moore to place Bill No. 1200 for final passage at this council meeting. Motion carried with seven members of the council voting in favor and one member (Bill) absent.
Roll call vote of members of the council was as follows: Chailland, yes; Digh, yes; Gohring, yes; Harris, yes; Moore, yes; Pautz, yes; and Benton, yes. Bill No. 1200 having received the affirmative vote of seven members of the council, with one member (Bill) absent, was declared passed by the President of the council.
Discussion was held on Bill No. 1201 to be amended to change the wording from a portion of Blackburn Street to extending north to the south side of Blackburn Street.
Motion was offered by Councilwoman Chailland and seconded by Councilman Moore to amend Bill No. 1201 by adding the verbiage of extending north to the south side of Blackburn Street. Motion carried with seven members of the council voting in favor and one member (Bill) absent.
Bill No. 1201 As Amended was read for the second time by Councilman Pautz.
Bill No. 1201 As Amended - An Ordinance Vacating a portion of unnamed right-of-way between Collier and Blackburn Streets within the C.O.F., and establishing an effective date.
Motion was offered by Councilman Pautz and seconded by Councilwoman Digh to place Bill 1201 As Amended for third reading at the next regularly scheduled council meeting. Motion carried with six members of the council voting in favor, one member (Gohring) voting against, and one member (Bill) absent.
Bill No. 1202 was read for the second time by Councilwoman Digh.
Bill No. 1202 - An Ordinance vacating the remaining open portion of Ravine Street lying between Second and Third Streets within the C.O.F., and establishing an effective date (A copy is included in the official Ordinance Book).
Motion was offered by Councilwoman Digh and seconded by Councilman Moore to place Bill No. 1202 for third reading at tonight's council meeting. Motion carried with seven members of the council voting in favor and one member (Bill) absent.
Bill No. 1202 was read for the third time by Councilwoman Digh.
Motion was offered by Councilwoman Digh and seconded by Councilman Moore to place Bill No. 1202 for final passage at this council meeting. Motion carried with seven members of the council voting in favor and one member (Bill) absent.
Roll call vote of members of the council was as follows: Digh, yes; Gohring, yes; Harris, yes; Moore, yes; Pautz, yes; Benton, yes; and Chailland, yes. Bill No. 1202 having received the affirmative vote of seven members of the council and one member (Bill) absent, was declared passed by the President of the council.
Motion was offered by Councilman Pautz and seconded by Councilwoman Chailland to remove Bill No. 1197 from the table and place it for third reading. Motion carried with seven members of the council voting in favor and one member (Bill) absent.
Bill No. 1197 was read for the third time by Councilman Benton.
Bill No.1197 - An Ordinance Amending Chapter 114 Utilities, Division 2.Classifications, Rates & Deposits, by Deleting Sections 114-99 through 114-103 and Enacting New Sections 114-99 through 114-103 & Adding Section 114-104, & establishing an effective date (Copy is included in the official Ordinance Book).
Motion was offered by Councilman Benton and seconded by Councilwoman Chailland to place Bill No. 1197 for final passage at tonight's council meeting. Motion carried with seven members of the council voting in favor and one member (Bill) absent.
Roll call vote of members of the council was as follows: Gohring, yes; Harris, no; Moore, no; Pautz, yes; Benton, yes; Chailland, yes; and Digh, yes. Bill No. 1197 having received the affirmative vote of five members of the council, two members (Harris and Moore) voting against, and one member (Bill) absent, was declared passed by the President of the council.
The council discussed the request received from Jeff Young, Presbyterian Manor, asking the council's permission to obtain a permit to hold a small fireworks display for the residents of the Manor, on the 4th of July holiday.
The council asked Dean Buffington, Fire Chief, his opinion on this issue. The Chief said that only certified operators have set off fireworks that have been allowed in Fulton, with the fire department in attendance. He was concerned that the city would be setting a precedent on the setting off of fireworks and was concerned with the safety of our citizens.
Upon further discussion, the city council did not approve the request of Jeff Young of the Presbyterian Manor, and the City Clerk will notify him accordingly.
The council asked Les Hudson, Code Enforcement, about the pet problem on 5th Street that was brought to the council earlier in the meeting. He said he had no knowledge of this situation but would address this issue first thing tomorrow morning.
APPOINTMENTS:
There were no appointments to be presented to the council for approval at this council meeting.
ANNOUNCEMENTS:
If anyone in the community is interested in serving on one of the city boards or commissions, please contact Mayor Latham or the City Clerk at City Hall.
The council asked if the city could establish a city facility whereby senior citizens may go to get out of the heat and advertise this information on the local television station.
The city clerk said the new Senior Citizen facility has established a place of safety for our senior citizens and the public is encouraged to take advantage. Their center is air conditioned and water, books, magazines, games and other entertainment is available.
Councilman Pautz thanked the city for the opportunity to attend the Newly Elected Official Conference in Jefferson City last week.
He and Councilwoman Digh also thanked the city for the Employee Recognition Picnic that was held at Veteran's Park last Friday evening. Many employees attended and fun was had by all who attended. The employees are to be congratulated on holding such a nice function.
EXECUTIVE SESSION:
There was a need for an executive session at this council meeting pursuant to Section 610.021 of the Missouri State Statutes under the following:
a) To discuss or deal with legal actions, causes of action or litigation.
b) To discuss hiring, firing, disciplining or promotion of employee of a public governmental body.
Motion to enter Executive Session was offered by Councilman Pautz and seconded by Councilwoman Digh. Motion carried with seven members of the council voting in favor and one member (Bill) absent.
Roll call to enter Executive Session was read as follows: Harris, yes; Moore, yes; Pautz, yes; Benton, yes; Chailland, yes; Digh, yes; and Gohring, yes.
The council entered Executive Session at 8:23 p.m.
Motion to exit Executive Session was offered by Councilman Pautz and seconded by Councilman Harris. Motion carried with seven members of the council voting in favor, and one member (Bill) absent.
Roll call to exit Executive Session was read as follows: Moore, yes; Pautz, yes; Benton, yes; Chailland, yes; Digh, yes; Gohring, yes; and Harris, yes.
The council exited Executive Session at 8:31 p.m.
ADJOURNMENT:
There being no further business to come before the council, motion was offered by Councilwoman Chailland and seconded by Councilman Pautz to adjourn this meeting. Motion carried with seven members of the council voting in favor, one member (Bill) absent, and the meeting adjourned at 8:32 p.m.
Charles M. Latham, Mayor
Carolyn L. Laswell, CMC/MRCC
City Clerk