CITY COUNCIL MINUTES
JANUARY 9, 2007
The Council of the City of Fulton, Missouri, met in regular session and held one (1) Public Hearing on Tuesday, January 9th, 2007, in the Council Chambers of City Hall located at 18 E. 4th Street. Present and presiding were Robert W. Craghead, Mayor; William Johnson, Director of Administration; Carolyn L. Laswell, City Clerk; and Steve Myers, Chief of Police. The meeting was called to order by Mayor Craghead at 7:35 p.m. Roll call was taken by the City Clerk and members of the council present were Benton; Chailland; Gohring; Harris; McCall; Moore and Pautz. Absent was councilmember Bill. Also present were Sherri Redmon, Human Resource Director; Clay Caswell, Parks & Recreation Director; J. C. Miller, Solid Waste Manager; Dean Buffington, Fire Chief; Sharon Cleveland, Purchasing Agent; Greg Hayes, City Engineer; Charlie Stoffer; Dave Kern; Ned Digh; Esther Digh; Mark Sommerhauser, reporter, for THE FULTON SUN; Jeremy Polston and Justin Dean, Audio/Video.
INVOCATION:
Invocation was given by Mayor Craghead.
COMMENTS FROM VISITORS:
Mayor Craghead 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.
Dave Kern, 301 Collier Lane, said he has started this project ten months ago and still nothing has been decided. He requests that Bill 1169 be taken off the table tonight and asked that the council grant what this property is already designed for.
Councilman McCall asked if there are any means of in and out on the east side of the building?
Councilman Harris asked what is the building going to look like, doors on both sides of the building - Buffer zone, 30 foot of space.
The council discussed lights on the property, people coming and going at all hours.
Dave Kern said there is not going to be any bright lights as there is a dusk to dawn light planned.
PUBLIC HEARING:
Mayor Craghead announced there will be one (1) Public Hearing on this evening's agenda and the format will be as follows:
Hearing One:
To consider the proposed re-zoning of a tract of land known as the undeveloped section of Westwood Estates from its present zoning of R-3 Residential to R-1 Residential.
This hearing was declared open at 6:46 p.m.
There were three calls issued for anyone wishing to speak IN OPPOSITION of the matter being considered.
First Call: There were none.
Second Call: There were none.
Third Call: There were none.
There were three calls issued for anyone wishing to speak IN FAVOR of the matter being considered.
First Call:
Les Hudson, Code Enforcement, said the owner of the property could not attend this hearing but that he, personally, has received four or five telephone calls of support for the R-1 Residential zoning.
Second Call: There were none.
Third Call: There were none.
This Public Hearing declared closed at 6:48 p.m.
SUBJECTS OF DISCUSSION:
a) Power Point presentation on proposed sales tax.
Clay Caswell, Parks Director and Greg Hayes, City Engineer, narrated this presentation. Since the YMCA is no longer involved with this project, the presentation has been changed accordingly.
b) Update on the Water and Sewer Projects.
Darrell Dunlap, Superintendent of Utilities, explained that 32 lift stations have been looked at and meters installed.
The Gas Department should have the Nichols Street Parking Lot done in mid-February.
Alliance Water Resources will make repairs on St. Michael Street. Darrell introduced Dave Martin, the new Wastewater Department Supervisor who will oversee the entire operation.
Dave Martin defined a boil policy as when the water loses pressure below 20 pounds, a boil order is issued for 48 hours. Tags are placed on citizen's doors and informational ads placed on the radio and television, and in the newspaper.
RESOLUTIONS:
There were no Resolutions to be placed on tonight's meeting agenda.
ORDINANCES:
Councilwoman Chailland asked to be excused from voting on Bill No. 1174 as it was a conflict of interest.
Motion was offered by Councilman Pautz and seconded by Councilman McCall to excuse Councilwoman Chailland from voting on Bill No. 1174. Motion carried with six members of the council voting in favor, one member (Chailland) excused and one member (Bill) absent.
Bill No. 1174 was presented and read for the first time by Councilman Harris.
Bill No. 1174 - An Ordinance re-classifying under the Zoning Ordinance certain land in the C.O.F., known as the undeveloped section of Westwood Estates from R-3 Residential to R-1 Residential.
Motion was offered by Councilman Harris and seconded by Councilman Moore that Bill No. 1174 be placed for second reading at the next regularly scheduled council meeting. Motion carried with six members of the council voting in favor, one member (Chailland) excused and one member (Bill) absent.
Bill No. 1175 was presented and read for the first time by Councilwoman Chailland.
Bill No. 1175 - An Ordinance Vacating the right-of-way for the unimproved Myrtle Street, located within the City of Fulton and establishing an effective date.
Motion was offered by Councilwoman Chailland and seconded by Councilman McCall that Bill No. 1175 be placed for second 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.
If Bill No. 1169 is taken off the table at tonight's meeting, it will be presented for second reading.
Bill No. 1169 - 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.
Councilman McCall said he had not received any information from the Planning & Zoning Commission.
Councilman Pautz, who was the Chairman of the Board of Adjustment when Dave Kern brought this issue to the board, to obtain a variance for said property.
Dave Kern said no one questioned him about where the doors would be located on said buildings at the Board of Adjustment hearing. It would be a 10 foot single roof with the doors on the west side.
Mr. Kern said the buffer strip would be a rock driveway instead of grass.
After much discussion, motion was offered by Councilman Benton and seconded by Councilman Moore to let him use this right-of-way. Motion failed with six members of the council voting against, one member (Benton) voting yes, and one member (Bill) absent.
More discussion followed. Councilman McCall said there is no buffer zone and no stormwater proposal from Dave Kern ever received.
Councilwoman Chailland asked if Mr. Kern would receive the full 30 foot fight-of-way but if the city abandons it, would 15 feet go to Dave Kern and 15 feet to Mike and Cindy Tanner?
Councilwoman Gohring asked what the city's liability would be with the setback on the property line?
More discussion followed with a motion offered by Councilman Moore and seconded by Councilman McCall, to have no doors on the east side of the property and the city keeps the 30 foot right-of-way for a buffer zone with no commercial use. Motion carried with six members of the council voting in favor, one member (Benton) voting against, and one member (Bill) absent.
Bill No. 1172 was presented for second reading by Councilman Pautz.
Bill No. 1172 - An Ordinance Amending Chapter 110 Traffic & Vehicles, Fulton City Code by adding a Street to Section 110-341. Parking on Certain Streets Prohibited or Limited, and establishing an effective date.
Motion was offered by Councilman Pautz and seconded by Councilman McCall to place Bill No. 1172 for third reading at the next regularly scheduled council meeting. Motion carried seven members of the council voting in favor and one member (Bill) absent.
Bill No. 1173 was presented for second reading by Councilwoman Gohring.
Bill No. 1173 - An Ordinance for the City of Fulton to vacate a 15' Sewer Easement and a 10' Temporary Construction Easement located in the Bell Jameson & Lloyd's Forest Park Subdivision (Copy is included in the official Ordinance Book).
Motion was offered by Councilwoman Gohring and seconded by Councilman McCall to place Bill No. 1173 for third reading at tonight's council meeting. Motion carried seven members of the council voting in favor and one member (Bill) absent.
Bill No. 1173 was read for the third time by Councilwoman Gohring.
Motion was offered by Councilwoman Gohring and seconded by Councilman Harris to place Bill No. 1173 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: Chailland, yes; Gohring, yes; Harris, yes; McCall, yes; Moore, yes; Pautz, yes; and Benton, yes. Bill No. 1173 having received the affirmative vote of seven members of the council and one member (Bill) absent, was declared passed by the President.
APPOINTMENTS:
Mayor Craghead said he had no appointments to come before the council at this meeting.
ANNOUNCEMENTS:
Bill Johnson said a trust fund has been established at The Callaway Bank for Jade Bonnet, daughter of Sarah Bonnet, who was an employee of the City of Fulton Finance Department and was tragically killed over the Christmas holidays.
EXECUTIVE SESSION:
Mayor Craghead 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 McCall 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 8:47 p.m.
Robert W. Craghead, Mayor
Carolyn L. Laswell, CMC/MRCC
City Clerk