CITY COUNCIL MINUTES

MARCH 22, 2005

The Council of the City of Fulton, Missouri, met in regular session and held three (3) Hearings on Tuesday, March 22, 2005, 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 6:58 p.m. Roll call was taken by the City Clerk and members of the council present were Bill; Harris; McCall; Moore; and Sands. Absent were Councilmembers Benton, Chailland and Wilkinson. Also present were Patrick Bonnot, Assistant to the Director of Administration; Ray Luhring, Superintendent of Utilities; Les Hudson, Code Enforcement Officer; J. C. Miller, Solid Waste Manager; Lee Bailey, Human Resources Director; Bill Smith, Fire Chief; Reverend Raymond McCallister; Eddie Trower and Dave Miller, Charter Communications; Evelyn Hopkins; Aaron D. Schwinke; Dave Schwinke; Judy Schaneman; Bob & Marilyn Macker; Andrew Crane; Dave Miller; Dr. Sheilah Bishop; Jim Niedegerke; Bruce Hackmann, Fulton Area Development Corporation; Dale Nichols; Dave Babel; Mark Sommerhauser, Reporter for THE FULTON SUN; and Jeremy Polston and Justin Dean, Video/Audio.

INVOCATION:

Invocation was given by Reverend Raymond McCallister.

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.

Dr. Sheilah Bishop, 331 W. 7th Street, asked if trail rules and regulations could be posted at the entrance of the walking trail. With spring approaching, there will be a lot more people using the trail with more litter accumulating. Mayor Craghead said it would be addressed and reviewed.

PUBLIC HEARINGS:

There were three (3) Public Hearings held at this council meeting.

Hearing No. One:

This hearing was held for the purpose of a proposed Use Charge System for the City of Fulton, Callaway County, Missouri, by explaining the proposed User Charge System; advise water system user of anticipated costs; and answer any questions that persons may have regarding the User Charge System.

This hearing was declared open at 7:10 p.m.

There was three calls issued for anyone wishing to speak in opposition of the matter being considered.

First call, is there anyone present who wishes to speak in opposition of this proposed User Charge System? There were none.

Second call, is there anyone present who wishes to speak in opposition of this proposed User Charge System? There were none.

Third and final call, is there anyone present who wishes to speak in opposition of this proposed User Charge System? There were none.

There were three calls issued for anyone wishing to speak in favor of the matter being considered.

First call, is there anyone present who wishes to speak in favor of this proposed User Charge System? There were none.

Second call, is there anyone present who wishes to speak in favor of this proposed User Charge System? There were none.

Third and final call, is there anyone present who wishes to speak in favor of this proposed User Charge System? There were none.

This Public Hearing was declared closed at 7:11 p.m.

Hearing No. Two:

The purpose of this hearing was to consider the proposed rezoning of two tracts of land in the City of Fulton, containing approximately 12 acres, more or less, lying behind and east of the old Walmart/Apple Market buildings located on South Business 54 as follows: Tract #1 rezoned from its present zoning of C-3 Planned Commercial to C-2 Commercial. Tract #2 rezoned from its present zoning of A-1 Agriculture to C-2 Commercial.

This hearing was declared open at 7:12 p.m.

There were three calls issued for anyone wishing to speak in opposition of the matter being considered.

First call, is there anyone present who wishes to speak in opposition of this proposed re-zoning? There were none.

Second call, is there anyone present who wishes to speak in opposition of this proposed re-zoning? There were none.

Third and final call, is there anyone present who wishes to speak in opposition of this proposed re-zoning? There were none.

There were three calls issued for anyone wishing to speak in favor of the matter being considered.

First call, is there anyone present who wishes to speak in favor of this proposed re-zoning?

Dale Nichols, Columbia, said as the developer of this area, he would appreciate re-zoning in order to accomplish this project.

Second call, is there anyone present who wishes to speak in favor of this proposed re-zoning? There were none.

Third and final call, is there anyone present who wishes to speak in favor of this proposed re-zoning? There were none.

This Public Hearing was declared closed at 7:13 p.m.

Hearing No. Three:

The purpose of this hearing was to consider the proposed rezoning of four tracts of land in the City of Fulton, lying behind and east of the old Walmart/Apple Market buildings; the Keen Ford building and the Water Tower, all located on Business 54 South as follows: Tract #1 rezoned from its present zoning of R-1 Residential to C-2 Commercial; Tract #2 rezoned from its present zoning of A-1 Agriculture to C-2 Commercial; Tract #3 rezoned from C-3 Planned Commercial to C-2 Commercial; and Tract #4 rezoned from A-1 Agriculture to C-2 Commercial.

This hearing was declared open at 7:14 p.m.

There were three calls issued for anyone wishing to speak in opposition of the matter being considered.

First call, is there anyone present who wishes to speak in opposition of this proposed re-zoning? There were none.

Second call, is there anyone present who wishes to speak in opposition of this proposed re-zoning? There were none.

Third and final call, is there anyone present who wishes to speak in opposition of this proposed re-zoning? There were none.

There were three calls issued for anyone wishing to speak in favor of the matter being considered.

First call, is there anyone present who wishes to speak in favor of this proposed re-zoning? There were none.

Second call, is there anyone present who wishes to speak in favor of this proposed re-zoning? There were none.

Third and final call, is there anyone present who wishes to speak in favor of this proposed re-zoning? There were none.

This Public Hearing was declared closed at 7:16 p.m.

MINUTES:

The Council Minutes for February 22, 2005 were presented for approval.

Motion was offered by Councilman Bill and seconded by Councilman Harris that minutes for February 22, 2005 be approved as presented. Motion carried with five members of the council voting in favor and three members (Benton, Chailland and Wilkinson) absent.

The Council Minutes for March 8, 2005 were presented for approval.

Motion was offered by Councilman Harris and seconded by Councilman Moore that minutes for March 8, 2005 be approved as presented. Motion carried with five members of the council voting in favor and three members (Benton, Chailland and Wilkinson) absent.

FINANCIALS:

The Financial Statements for the month of February were presented to the council. Jane Hubbard, Chief Financial Officer, said she would answer any questions from the council.

After some discussion, motion was offered by Councilman Harris and seconded by Councilman Bill to accept the Financial Statements for February as presented. Motion carried with five members of the council voting in favor and three members (Benton, Chailland and Wilkinson) absent.

DIRECTOR OF ADMINISTRATION REPORT FOR FEBRUARY:

The Director of Administration Report for February 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.

After some discussion, motion was offered by Councilman McCall and seconded by Councilman Sands to accept the Director of Administration Report for the month of February as presented. Motion carried with five members of the council voting in favor and three members (Benton, Chailland and Wilkinson) absent.

OLD BUSINESS:

a)Update on the South Business 54 Project.

Dale Nichols and Dave Babel, Fulton Commons, Inc.. and Bruce Hackmann, CEO of the Fulton Area Development Corporation, were present.

Dale Nichols said they are ready and anxious to get started on this project. At the present time, they are working on contracts with letters of intent with various prospective businesses.

Councilman McCall asked if they planned on using local contractors and Dale Nichols said yes, when they possibly could.

b)Update on the status on the position of Park's and Recreation Director.

Bill Johnson said the city has hired Clay Caswell and he should be aboard by April 21st.

NEW BUSINESS:

a)Presentation of six applications for approval as Historic Properties and five applications for inclusion into Robertson Historic District as recommended by the Historic Preservation Commission.

Dr. Sheilah Bishop presented the six applications for approval as identified historic properties:

105 W. 7th Street owned by Robert and Marilyn Macker.

205 W. 7th Street owned by Paula LeSeure.

208 W. 7th Street owned by Bernhard and Alana Hansert.

211 W. 7th Street owned by Irl B. and Florence Krause.

302 W. 7th Street owned by Judith C. Shaneman.

830 Court Street owned by Jim and Cathlynn Dodson.

Motion was offered by Councilman McCall and seconded by Councilman Moore to approve the six applications as Identified Historic Properties. Motion carried with five members of the council voting in favor and three members (Benton, Chailland & Wilkinson) absent.

Dr. Sheilah Bishop presented five applications for inclusion in the Robertson Historic District.

105 W. 7th Street owned by Robert and Marilyn Macker.

205 W. 7th Street owned by Paula LeSeure.

208 W. 7th Street owned by Bernhard and Alana Hansert.

211 W. 7th Street owned by Irl B. and Florence Krause.

302 W. 7th Street owned by Judith C. Shaneman.

Motion was offered by Councilman Harris and seconded by Councilman McCall to approve the five applications for inclusion in the Robertson Historic District. Motion carried with five members of the council voting in favor and three members (Benton, Chailland & Wilkinson) absent.

b)Discussion of vacating alley and end of West 9th Street.

Bill Johnson explained that BECO is requesting this as they would like to have the property that is currently platted as a street that runs into their property.

Upon some discussion, this topic will be placed on a future council agenda.

RESOLUTIONS:

Resolution 2776 was presented and read by Councilman Harris.

Resolution 2776 - A Resolution of intent to participate in natural hazard mitigation and to work toward becoming a safer community (Copy is included in the official Resolution Book).

Motion was offered by Councilman Harris and seconded by Councilman Moore to adopt Resolution 2776 at this council meeting. Motion carried with five members of the council voting in favor and three members (Benton, Chailland and Wilkinson) absent.

Resolution 2777 was presented and read by Councilman Moore.

Resolution 2777 - A Resolution authorizing the Mayor, on behalf of the City of Fulton, to sign all necessary documents pertaining to the application to the U.S. Smokeless Tobacco Company Donation Program for a John Deer Trail Gator (Copy is included in the official Resolution Book).

Motion was offered by Councilman Moore and seconded by Councilman Harris to adopt Resolution 2777 at this council meeting. Motion carried with five members of the council voting in favor and three members (Benton, Chailland and Wilkinson) absent.

ORDINANCES:

Bill No. 1091 was presented and read for the first time by Councilman Sands.

Bill No. 1091 - An Ordinance re-classifying under the zoning ordinance certain land in the City of Fulton and establishing an effective date.

Motion was offered by Councilman Sands and seconded by Councilman Bill to place Bill No. 1091 for second reading at the next regularly scheduled council meeting. Motion carried with five members of the council voting in favor and three members (Benton, Chailland and Wilkinson) absent.

Bill No. 1092 was presented and read for the first time by Councilman Moore.

Bill No. 1092 - An Ordinance re-classifying under the zoning ordinance certain land in the City of Fulton and establishing an effective date.

Motion was offered by Councilman Moore and seconded by Councilman McCall to place Bill No. 1092 for second reading at the next regularly scheduled council meeting. Motion carried with five members of the council voting in favor and three members (Benton, Chailland and Wilkinson) absent.

Bill No. 1088 was read for the second time by Councilman McCall.

Bill No. 1088 - An Ordinance re-classifying under the Zoning Ordinance certain land in the C.O.F., known as 1018 & 1020 West Avenue; and 1007 Amherst Street (Copy is included in the official Ordinance Book).

Motion was offered by Councilman McCall and seconded by Councilman Bill that Bill No. 1088 be placed for third reading at this evening's council meeting. Motion carried with three members of the council voting in favor and three members (Benton, Chailland and Wilkinson) absent.

Bill No. 1088 was read for the third time by Councilman McCall.

Motion was offered by Councilman McCall and seconded by Councilman Moore that Bill No. 1088 be placed for final passage at this evening's council meeting. Motion carried with three members of the council voting in favor and three members (Benton, Chailland and Wilkinson) absent.

Roll call vote of members of the council was as follows:

Bill, yes; Harris, yes; McCall, yes; Moore, yes; and Sands, yes. Bill No. 1088 having received the affirmative vote of five members of the council and three members (Benton, Chailland and Wilkinson) absent, was declared passed by the President.

Bill No. 1089 was read for the second time by Councilman Harris.

Bill No. 1089 - An Ordinance re-classifying under the Zoning Ordinance certain land in the C.O.F., known as 1004 Bluff Street (Copy is included in the official Ordinance Book).

Motion was offered by Councilman Harris and seconded by Councilman Moore to place Bill No. 1089 for third reading at this council meeting. Motion carried with five members of the council voting in favor and three members (Benton, Chailland and Wilkinson) absent.

Bill No. 1089 was read for the third time by Councilman Harris.

Motion was offered by Councilman Harris and seconded by Councilman McCall to place Bill No. 1089 for final passage at this council meeting. Motion carried with five members of the council voting in favor and three members (Benton, Chailland and Wilkinson) absent.

Roll call vote of members of the council was as follows:

Harris, yes; McCall, yes; Moore, yes; Sands, yes; and Bill, yes. Bill No. 1089 having received the affirmative vote of five members of the council and three members (Benton, Chailland and Wilkinson) absent, was declared passed by the President.

Eddie Trower, Charter Communications introduced Dave Miller, Vice President of Operation, St. Louis office, who spoke to the council as requested at a prior meeting.

Discussion followed with questions raised by the council regarding the franchise renewal contract.

Bill No. 1090 was read for the second time by Councilman Bill.

Bill No. 1090 - An Ordinance granting a Franchise Renewal with Charter Communications to operate and maintain a Cable System in the City of Fulton (Copy is included in the official Ordinance Book).

Motion was offered by Councilman Bill and seconded by Councilman Sands to place Bill No. 1090 for third reading at this council meeting. Motion carried with five members of the council voting in favor and three members (Benton, Chailland and Wilkinson) absent.

Bill No. 1090 was read for the third time by Councilman Bill.

Motion was offered by Councilman Bill and seconded by Councilman McCall to place Bill No. 1090 for final passage at this council meeting. Motion carried with five members of the council voting in favor and three members (Benton, Chailland and Wilkinson) absent.

Roll call vote of members of the council was as follows:

APPOINTMENTS:

Mayor Craghead said there were no appointments to be made at this meeting.

ANNOUNCEMENTS:

Councilman McCall asked if Gayla Dunn could look into obtaining a Grant for handicap sidewalks.

Mayor has Prayer Breakfast tickets for sale. Please see him or the city clerk. The Mayor's Prayer Breakfast will be held on Wednesday, April 13th at 6:30 a.m. at St. Peter's Multipurpose Hall.

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 Bill and seconded by Councilman Sands to adjourn this meeting. Motion carried with five members of the council voting in favor, three members (Benton, Chailland and Wilkinson) absent, and the meeting adjourned at 8:30 p.m.

Robert W. Craghead, Mayor

Carolyn L. Laswell, CMC/MRCC

City Clerk