CITY COUNCIL MINUTES

FEBRUARY 12, 2008

The Council of the City of Fulton, Missouri, met in regular session on Tuesday, February 12, 2008, 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 Steve Myers, Chief of Police. The meeting was called to order by Mayor Latham at 7:30 p.m.  Roll call was taken by the City Clerk and members of the council present were Benton; Bill; Digh; Harris; Moore; and Pautz.  Absent were councilmembers Chailland and Gohring. Also present were Matt Harline, Assistant to the Director of Administration; Darrell Dunlap, Superintendent of Utilities; Les Hudson, Code Enforcement Officer; Kevin Coffelt, Deputy Fire Chief; Kathy Holschlag, Chief Financial Officer; Greg Hayes, City Engineer; J. C. Miller, Solid Waste Manager; Sherri Redmon, Human Resource Director; Sharon Cleveland, Purchasing Agent; Clay Caswell, Parks & Recreation Director; Mike West; Jessie Purvis; Langston A. Simmons; Katherine Cummins, 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. There were none.

SUBJECTS OF DISCUSSION:

a)   Discussion of Landfill RFP.

J. C. Miller, Solid Waste Manager; said the city's landfill has about 4 1/2 years of capacity left.  The city has looked at numerous alternatives in trying to preserve and extend the landfill and to make it more profitable.  At the present time, the existing landfill takes in approximately 80 tons of municipal solid waste per day. Therefore, the city is considering selling its sanitary landfill operation, real estate and equipment in exchange for cash and other consideration.  With this in mind, the city is asking the council for approval to put out a RFP for the landfill operation.

After much discussion, motion was offered by Councilman Moore and seconded by Councilman Pautz to authorize the city to put out a RFP to qualified companies interested in a public-private partnership with the City's Landfill.  Motion carried with six members of the council voting in favor and two members (Chailland and Gohring) absent.

b)   Review and Discussion on Electric Rates.

Bill Johnson and Darrell Dunlap explained the proposed electric rates to the council.

A copy of the proposed electric rates and the impact they will have on the various consumers was included in the council packet.  Regarding residential rates, anyone that uses 500 kw or less will see no impact whereas someone that uses a lot will see approximately 16% increase. All residential rates will be less than ten cents per kw.

Consumer rates will see increases of about 2-4%.  The city doesn't want to raise these rates as much as they are priced appropriately in comparison to other rates.

Industrial rates are being changed to where those that have a demand reading of 250 kw or higher per month will be paying a demand fee where it was only those over 500 previously.

Darrell distributed some hand-outs regarding these proposed electric rates and an ordinance will be presented later in tonight's council meeting.

c)   Review and Discussion on Natural Gas Rates.

Bill Johnson said the city is proposing to lower the natural gas rate by twenty-five cents per unit, which would be from $9.25 to $9.00.  By the way the city bills the reduction would be lowered from the existing $.925 per 100 cubic feet to the proposed $.90 per 100 cubic feet.  This decrease would go in effect for the same billing that the electric rates are raised.

After further discussion, motion was offered by Councilman Bill and seconded by Councilman Benton to lower the natural gas rates as proposed at the same time electric rates are increased.  Motion carried with six members of the council voting in favor and two members (Chailland and Gohring) absent.

d)   Update on the Ice Storm Clean-up.

Bill Johnson distributed a hand-out on the costs of the ice storm and how much FEMA & SEMA will pay accordingly.

FEMA will pay 75%, SEMA will pay 10% and the City of Fulton will be responsible for the remaining 15% of the total cost.

The approximate total reimbursement is:

FEMA Share           $  263,935.91

SEMA Share           $   35,191.45

City of Fulton Share $   52,787.18

ORDINANCES:

Councilman Moore asked the mayor to appoint a committee to review this proposed Bill No. 1232.  Mayor Latham said the Planning & Zoning Commission has studied this issue for sometime and enough time has been spent in review.

Bill No. 1232 was presented and read for the first time by Councilman Bill.

Bill No. 1232 - An Ordinance Amending Appendix A-Zoning of the Fulton City Code by Adding a New Zoning District C-NB Commercial Neighborhood Business to Sec. 3. (A) District Classification and by Adding (7) C-NB Commercial Neighborhood Business to Sec. 4. (A) District Regulations, and Establishing an Effective Date.

Motion was offered by Councilman Bill and seconded by Councilman Harris to place Bill No. 1232 for second reading at the next regularly scheduled council meeting.  Motion carried with five members of the council voting in favor, one member (Moore) voting against, and two members (Chailland and Gohring) absent.

Bill No. 1233 was presented and read for the first time by Councilman Benton.

Bill No. 1233 - An Ordinance Amending Appendix A-Zoning by Adding Nurseries Growing Plants for Sale as a Permitted Use in the C-2 Commercial District of Sec. 4 Use Regulations of the Code of the C.O.F., and Establishing an Effective Date.

Motion was offered by Councilman Benton and seconded by Councilman Bill to place Bill No. 1233 for second reading at the next regularly scheduled council meeting.  Motion carried with six members of the council voting in favor and two members (Chailland and Gohring) absent.

Bill No. 1234 was presented and read for the first time by Councilman Moore.

Bill No. 1234 - An Ordinance Amending Appendix A-Zoning by Deleting Paragraph (D) Termination of Zoning Change for Nonuse from Sec. 13. Amendments, of the Code of the C.O.F., and Establishing an Effective Date.

Motion was offered by Councilman Moore and seconded by Councilman Harris to place Bill No. 1234 for second reading at the next regularly scheduled council meeting.  Motion carried with six members of the council voting in favor and two members (Chailland and Gohring) absent.

Bill No. 1235 was presented and read for the first time by Councilman Harris.

Bill No. 1235 - An Ordinance authorizing the Mayor, on behalf of the C.O.F., to sign all necessary paperwork approving a Settlement Agreement with Sprint.

Motion was offered by Councilman Harris and seconded by Councilman Pautz to place Bill No. 1235 for second reading at the next regularly scheduled council meeting.  Motion carried with six members of the council voting in favor and two members (Chailland and Gohring) absent.

Bill No. 1236 was presented and read for the first time by Councilman Benton.

Bill No. 1236 - An Ordinance Repealing Ordinance Number 1152-06 Establishing Electric Rates of the C.O.F., and enacting a New Ordinance & Establishing an Effective Date.

Motion was offered by Councilman Benton and seconded by Councilman Moore to place Bill No. 1236 for second reading at the next regularly scheduled council meeting.  Motion carried with six members of the council voting in favor and two members (Chailland and Gohring) absent.

Bill No. 1230 As Amended was read for the third time by Councilwoman Digh.

Bill No. 1230 AS AMENDED - An Ordinance Authorizing the Mayor, on behalf of the C.O.F., to Adopt the 1999 Missouri Food Code As Amended from the Missouri Department of Health & Sanitary Services and establishing an effective date (Copy is included in the official Ordinance Book).

Motion was offered by Councilwoman Digh and seconded by Councilman Moore to place Bill No. 1230 AS AMENDED for final passage at this council meeting.  Motion carried with six members of the council voting in favor and two members (Chailland and Gohring) absent.

Roll call vote of members of the council was as follows:  Digh, yes; Harris, yes; Moore, yes; Pautz, yes; Benton, yes; and Bill, yes.  Bill No. 1230 AS AMENDED having received the affirmative vote of six members of the council and two members (Chailland and Gohring) absent, was declared passed by the President of the council.

OTHER BUSINESS:

Councilman Moore said he has been approached from some citizens complaining on how dark So. Business 54 South is and the parking lot at the theatre is also dark at night.

Mayor Latham said this subject would be referred to the Traffic Commission for further review.

APPOINTMENTS:

Mayor Latham had no appointments to be brought before the council at this meeting.

ANNOUNCEMENTS:

There were no general announcements to be made at this council meeting.

EXECUTIVE SESSION:

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 Harris and seconded by Councilman Moore to adjourn this meeting.  Motion carried with six members of the council voting in favor, two members (Chailland and Gohring) absent, and the meeting adjourned at 8:45 p.m.

                                     Charles M. Latham, Mayor

Carolyn L. Laswell, CMC/MRCC

City Clerk