CITY COUNCIL MINUTES
FEBRUARY 13, 2007
The Council of the City of Fulton, Missouri, met in regular session and held two (2) Public Hearings on Tuesday, February 13th, 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 7:30 p.m. Roll call was taken by the City Clerk and members of the council present were Benton; Bill; Gohring; Harris; McCall; Moore and Pautz. Absent was councilmember Chailland. Also present were Clay Caswell, Parks & Recreation Director; Les Hudson, Code Enforcement Officer; Dean Buffington, Fire Chief; Kathy Holschlag; Darrell Dunlap; Superintendent of Utilities; J. C. Miller, Solid Waste Manager; Dean Buffington, Fire Chief; Greg Hayes, City Engineer; Jennifer Dungan; Kurt Dungan; Charles Latham; Leo McCarthy; Nancy McCarthy; Doug Harris; Karen Digh; Arlene Jackson; Sam Guth; Cathy Guth; Esther Digh; Ned Digh; David Hufstedler; Linda Hufstedler; Paul Craghead; Carol Blanchard; Charles Stoffer; Barb Hammon; Kenneth Hammon; Mark Sommerhauser, reporter, for THE FULTON SUN; Jeremy Polston and Justin Dean, Audio/Video.
INVOCATION:
Invocation was given by Councilman Bill.
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.
Arlene Jackson, 211 E. 14th Street, asked the council to reconsider not abandoning Myrtle Street as discussed at the last council meeting. The residents withdrew their objections to Walgreen's when they were told that the city would abandon Myrtle Street and the alley and they could use it as a buffer zone.
Karen Digh, #6 Ivy Lane, asked the council to vote yes on the abandonment of Myrtle Street and the alley, as the residents wished to use it as a buffer zone.
Sam Guth, 1400 North Bluff, felt that the council was lacking in good faith on this issue.
Barbara Hammon, 209 E. Briarwood Trail, distributed a photo of a caterpillar stored on a vacant lot across the street from her residence since last spring. The neighborhood is getting tired of looking at it and would appreciate it if the council would look into having it moved.
PUBLIC HEARINGS:
Mayor Craghead announced there will be two (2) Public Hearings 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 820 Jefferson Street from its present zoning of R-2 Residential to C-2 Commercial.
This hearing was declared open at 7:39 p.m.
There were three calls issued for anyone wishing to speak IN OPPOSITION of the matter being considered.
First Call:
Paul Craghead, 811 Nichols Street, said he thinks the city should avoid spot zoning.
Second Call:
Linda Hufstedler, 819 Nichols Street, respectively asked the council not to spot zone.
Third Call: There were none.
There were three calls issued for anyone wishing to speak IN FAVOR of the matter being considered.
First Call:
Nancy McCarthy, P. O. Box 5, Mokane, Missouri, is one of the people who are asking for the re-zoning of 820 Jefferson Street in order to place a temporary work service at this location. They are currently on Ravine Street and they need more room and need an on-site training center. She said they would be willing to construct a fence on the East and South sides of this proposed re-zoned property.
Second Call: There were none.
Third Call: There were none.
This Public Hearing was declared closed at 7:50 p.m.
Hearing Two:
To consider the proposed re-zoning of a tract of land known as 207 Glover Street from its present zoning of R-1 Residential to C-2 Commercial.
This hearing was declared open at 7:51 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:
Jennifer Dungan, 827 Evergreen Drive, stated that she is the owner of 207 Glover Street which has been the location of her Bright Beginnings Pre-school for the past nine years. She is considering selling this property and the current zoning limits the use of the building.
Second Call: There were none.
Third Call: There were none.
This Public Hearing was declared closed at 7:55 p.m.
SUBJECTS OF DISCUSSION:
a) Discussion of a recommendation from the Planning & Zoning Commission to require a buffer zone between commercial and residential zoning.
Les Hudson, Code Enforcement, said the Planning & Zoning Commission discussed buffer zones and was making the following recommendation to the council for consideration.
A buffer zone requirement would be forever and pass from owner to owner and they proposed the city require a buffer zone (like a six foot fence) between commercial and residential properties.
The council discussed a six foot (6') fence set off by one foot (1') from the property line and maintenance required by the commercial owner. Much discussion followed.
Mayor Craghead suggested having this issued carried over into the next council work session for further review and to obtain more information.
b) Discussion of a recommendation from the Planning & Zoning Commission to eliminate the three (3) acre requirement for C-3 zoning.
Les Hudson said eliminating this three (3) acre requirement on C-3 zoning would allow shopping centers with multiple owners to be on tracts less than three acres. There is already several violations of this three (3) acre requirement.
After some discussion, motion was offered by Councilman Moore and seconded by Councilman Benton to approve the recommendation of the Planning & Zoning Commission by eliminating the three (3) acre requirement for C-3 zoning. Motion carried with seven members of the council voting in favor and one member (Chailland) absent.
c) Discussion of a recommendation from the Planning & Zoning Commission to increase the $100 filing fee for re-zoning to cover the cost of certified mailings.
Les Hudson said the current rate of $100 is not enough to cover the cost of postage needed to send out the certified mailings on re-zoning.
After some discussion, motion was offered by Councilman Pautz and seconded by Councilman McCall to increase the filing fee for re-zoning by charging $100 plus the cost of mailing the certified letters out to the property owners. Motion carried with seven members of the council voting in favor and one member (Chailland) absent.
d) Discussion of future water system repairs.
Kyle Bruemmer, Engineering, distributed a hand-out to the council regarding the city's water system issues and our priority list for repairs.
Most of the city's water system has pipes that are over seventy-five years old and these old pipes have been exposed to the added pressure provided by the city's newly constructed water towers and pumps. Therefore, excessive breaks have already resulted in some pipe replacement.
Kyle gave a priority list of water lines that are being proposed for replacement.
Westminster Avenue, from 12th to St. Eunice Streets.
Grand Street from 8th to 10th Streets.
Ewing Street from 11th to 12th Streets.
St. Michael Street from Highway Z to the end.
Churchill Drive from 100 feet South of Dale to West Chestnut Streets.
RESOLUTIONS:
Resolution No. 2856 was presented and read by Councilman Benton.
Resolution No. 2856 - A Resolution authorizing the Mayor, on behalf of the C.O.F., to execute a contract for technical services & assistance with Peckham Guyton Albers & Viets, Inc., of St. Louis, for professional services related to conducting revenue projections for the proposed South Business 54 Redevelopment Project Area #2 (Copy is included in the official Resolution Book).
Motion was offered by Councilman Benton and seconded by Councilman Bill to adopt Resolution 2856 at this council meeting. Motion carried with seven members of the council voting in favor and one member (Chailland) absent.
Resolution 2857 was presented and read by Councilman Bill.
Resolution 2857 - A Resolution Certifying the Results of the City Special Election held on Tuesday, February 6, 2007 (Copy is included in the official Resolution Book).
Motion was offered by Councilman Bill and seconded by Councilman McCall to adopt Resolution 2857 at this council meeting. Motion carried with seven members of the council voting in favor and one member (Chailland) absent.
ORDINANCES:
Bill No. 1176 was presented for first reading by Councilman McCall.
Bill No. 1176 - An Ordinance Declaring City Property to be Surplus Property, authorizing its distribution and establishing an effective date.
Motion was offered by Councilman McCall and seconded by Councilman Moore to place Bill No. 1176 for second reading at the next regularly scheduled council meeting. Motion carried with seven members of the council voting in favor and one member (Chailland) absent.
Bill No. 1177 was presented for first reading by Councilman Harris.
Bill No. 1177 - An Ordinance re-classifying under the Zoning Ordinance certain land known as 207 Glover Street, located in the C.O.F., & establishing an effective date.
Motion was offered by Councilman Harris and seconded by Councilman Moore to place Bill No. 1177 for second reading at the next regularly scheduled council meeting. Motion carried with seven members of the council voting in favor and one member (Chailland) absent.
Bill No. 1178 was presented for first reading by Councilwoman Gohring.
Bill No. 1178 - An Ordinance re-classifying under the Zoning Ordinance certain land known as 820 Jefferson Street, located in the C.O.F., & establishing an effective date.
Motion was offered by Councilwoman Gohring and seconded by Councilman McCall to place Bill No. 1178 for second reading at the next regularly scheduled council meeting. Motion failed with seven members of the council voting against and one member (Chailland) absent. Bill No. 1178 failed.
Motion was offered by Councilman Moore and seconded by Councilman Benton to remove Bill No. 1175 from the table at this council meeting. Motion failed with five members (Gohring, Harris, McCall, Bill and Pautz) of the council voting against, two members (Benton and Moore) voting in favor, and one member (Chailland) absent. Bill No. 1175 was defeated.
APPOINTMENTS:
Mayor Craghead said he had one appointment to come before the council at this meeting. He presented the name of Rick Shiverdecker to be appointed to the Parks & Recreation Board.
Motion was offered by Councilman Pautz and seconded by Councilman McCall to approve the appointment of Rick Shiverdecker to the Parks & Recreation Board. Motion carried with seven members of the council voting in favor and one member (Chailland) absent.
ANNOUNCEMENTS:
Mayor Craghead announced the Annual Mayor's Prayer Breakfast will be held on Monday, March 12, 2007 with Kenny Hulshof, U.S. Representative 9th District of Missouri as the speaker. The profits will be donated to the Callaway Arts Council.
The council discussed introducing a new bill, vacating the right-of-way for the unimproved Myrtle Street. They felt there was a lot of confusion and the mayor and two councilmembers absent when the original bill was tabled.
Therefore, motion was offered by Councilman Harris and seconded by Councilman Moore to have the administration draft another bill to be presented at the next council meeting. Motion carried with five members voting in favor, two members (Pautz and McCall) voting against and one member (Chailland) absent.
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 Bill to adjourn this meeting. Motion carried with seven members of the council voting in favor, one member (Chailland) absent, and the meeting adjourned at 8:55 p.m.
Robert W. Craghead, Mayor
Carolyn L. Laswell, CMC/MRCC
City Clerk