CITY COUNCIL MINUTES

MARCH 27, 2007

The Council of the City of Fulton, Missouri, met in regular session on Tuesday, March 27, 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 6:31 p.m.  Roll call was taken by the City Clerk and members of the council present were Benton; Bill; Chailland; Gohring; Harris; McCall; Moore; and Pautz. Also present were Les Hudson, Code Enforcement Officer; J. C. Miller, Solid Waste Manager; Dean Buffington, Fire Chief; Kathy Holschlag, Interim Chief Financial Officer; Darrell Dunlap, Superintendent of Utilities; Clay Caswell, Parks & Recreation Director; Sherri Redmon, Human Resource Director; Sharon Cleveland, Purchasing Agent; Esther Digh; Karen Digh; Charles Latham; Nancy Lewis; Bruce Hackmann; Boyd Ware; Dana Oldani; Joseph Oldani; 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. There were none.

Mayor Craghead said there was a need to amend the council agenda by adding to 10. New Business i) Emergency Center and j) Landfill Space Report by J. C. Miller, Solid Waste Manager.

Motion was offered by Councilman Pautz and seconded by Councilman Moore to amend the agenda as proposed by Mayor Craghead.  Motion carried with all eight members of the council voting in favor.

PUBLIC HEARING:

Mayor Craghead said there would be one Public Hearing on this evening's council agenda.

HEARING ONE:

The purpose of this hearing is to discuss an Application to be submitted by the Missouri Department under the Community Development Block Grant (CDBG).

This hearing was declared open at 6:32 p.m.

There will be 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 the CDBG Application ?  There were none.

     Second call, is there anyone present who wishes to speak in opposition of the CDBG Application? There were none.

     Third and final call, is there anyone present who wishes to speak in opposition of the CDBG Application? There were none.

There will now be 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 the CDBG Application?

Bruce Hackmann, CEO of the Fulton Area Development Corporation, stated there is up to $200,000 CDBG funding for infrastructure available.

     Second call, is there anyone present who wishes to speak in favor of the CDBG Application? There were none.

     Third and final call, is there anyone present who wishes to speak in favor of the CDBG Application? There were none.

This Public Hearing was declared closed at 6:35 p.m.

MINUTES:

The council meeting minutes for February 27, 2007 were presented for approval.

Motion was offered by Councilman McCall and seconded by Councilman Pautz that council meeting minutes for February 27, 2007 be approved as presented.  Motion carried with all eight members of the council voting in favor.

The council meeting minutes for March 12, 2007 were presented for approval.

Motion was offered by Councilman McCall and seconded by Councilman Bill that council meeting minutes for March 12, 2007 be approved as presented.  Motion carried with all eight members of the council voting in favor.

FINANCIALS:

The Financials for the months of February 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.

The Financials for February 2007 were presented for approval and discussion followed.

Motion was offered by Councilman Harris and seconded by Councilman Pautz that Financials for February 2007 be approved as presented.  Motion carried with all eight members of the council voting in favor.

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.

Councilman Pautz requested to have a copy of all new business licenses be given to him so he would know the new businesses in Fulton.

Bill Johnson introduced the new Assistant to the Director of Administration, Matt Harline, to the council.

Motion was offered by Councilman Pautz and seconded by Councilman Moore to accept the Director of Administration Report for the month of February as presented.  Motion carried with all eight members of the council voting in favor.

OLD BUSINESS:

There was none.

NEW BUSINESS:

a)   Quarterly Report of the Kingdom of Callaway Chamber of Commerce.

Nancy Lewis, Director of the Chamber was present to answer any questions from the council.  She said that Leadership Callaway starts in September and encouraged any council member to participate that has not already done so.

The Tourism committee has produced a brochure promoting Fulton and Callaway County.  They are a hard working group and accomplished much in the last year.

Councilman Moore asked what can the city do to spread the word asking citizens to become involved in the community?

b)   Quarterly Report of the Fulton Area Development Corporation.

Bruce Hackmann, CEO of FADC, answered Councilman Moore's question by saying that the city should keep doing what they have been doing by staying aggressive and progressive which is essential for economic development.

c)   Discussion and permission needed on the request for a Benefit Fundraiser at the Memorial Ballpark Parking Lot where a Barbecue, Car Show and Raffle will be held on April 28, 2007.

Motion was offered by Councilman Bill and seconded by Councilman Harris to grant permission for this request as presented.  Motion carried with all eight members of the council voting in favor.

d)   Discussion and permission needed on the request from the YMCA on their 5K Run/Walk Fundraiser on Saturday, April 28, 2007 from 8:00 a.m. to 10:00 a.m.  They are requesting roads to be monitored by the City Police during this time period.

Motion was offered by Councilman Pautz and seconded by Councilman Moore to grant permission for this request as presented.  Motion carried with all eight members of the council voting in favor.

e)   Update from LeRoy Benton, council liaison, on the Utility Board meeting held on Monday, March 26th.

Councilman Benton said that Joe Chism, Wastewater Manager was present at the board meeting to discuss his monthly report with the members.

The board reviewed natural gas prices with April being $7.23 per unit and in July, $7.69 per unit.

The board also discussed a commercial utility deposit policy which was distributed by the administration.  The board will study this proposed policy and will discuss it at a future meeting.

f)   Update on the Historic Preservation Commission meeting held on Tuesday, March 20th by Les Hudson.

Les Hudson, Code Enforcement Officer, said the commission had a lengthy discussion on property owners submitting identification of their historic properties be presented to the city once every year in May, as that month has been designated as Historic Preservation Month.

The commission also discussed having a policy on the demolition of historic properties in our community.  They discussed having the city advertise in the paper (at a cost of $50 - $90) thirty days before actually doing the demolition.  More review and study will be done in future commission meetings.

g)   Update on the Traffic Commission meeting held on March 20th by Steve Moore, council liaison.

Mayor Craghead asked Bruce Hackmann to consult with Mrs. Wolking to see if she would accept Wolking Access instead of Wolking Drive thereby clarifying the street names.

Motion was offered by Councilman Pautz and seconded by Councilman McCall to have the administration draft an ordinance stating that Wolking Drive be renamed North Brookside Drive to West 13th Street.  Motion carried with all eight members of the council voting in favor.

The commission discussed turning Grand Street North of 10th Street back to two-way.

h)   Discussion on smoking per the request of Councilman McCall.

Councilman McCall said the city is not keeping in stride with other cities in banning smoking in public places.  The City of Columbia has petitioned to have their No Smoking issues placed on the ballot in the November election.

Councilman Moore suggested contacting Columbia and receiving their input on No Smoking and Councilwoman Gohring said Columbia had conducted studies on this subject.  She suggested getting feedback from our citizens.

After some discussion, Mayor Craghead suggested having the city hold a Public Forum on prohibiting Smoking in all public businesses.

Motion was offered by Councilman Moore and seconded by Councilman Pautz to have the city appoint a small committee to work on this issue and make a recommendation to the council.  Motion carried with all eight members of the council voting in favor.

i)   Emergency Shelter.

Mayor Craghead said that the City of Fulton does not have an emergency shelter and suggested that the Senior Citizen Center might be an option.  Showers would have to be installed and the Red Cross is interested in participating and would be willing to establish and have funding for training.

Police Chief, Steve Myers, said if any councilmember is interested in touring this facility, to please let him know.  They have large food storage areas and a nice facility to handle a large group of people.

Mayor Craghead asked the council if this was a good idea?

Motion was offered by Councilman Moore and seconded by Councilman Pautz to have the administration pursue this with the Senior Center without any commitment from other party at this time.  Motion carried with all eight members of the council voting in favor.

j)   Landfill Air Space.

J. C. Miller, Solid Waste Manager, distributed a handout to the council regarding Airspace Report for 2007 prepared by the Midwest Environmental Consultants.  The first calculation was to determine how much airspace had been consumed between 2005 and 2007.  The second calculation was to determine the remaining capacity of the landfill.  These biennial airspace estimates will be sent to the Missouri Department of Natural Resources, Solid Waste Management Program.

RESOLUTIONS:

Boyd Ware thanked the administration and the council for their support.

Resolution 2860 was presented and read by Councilman Benton.

Resolution 2860 - A Resolution supporting the construction of a Biodiesel Manufacturing Facility for Central MO Energy, LLC.,(Copy is included in the official Resolution Book).

Motion was offered by Councilman Benton and seconded by Councilman Moore to adopt Resolution 2860 at this council meeting.  Motion carried with all eight members of the council voting in favor.

Resolution 2861 was presented and read by Councilman Moore.

Resolution 2861 - A Resolution Authorizing the Mayor & City Clerk, on behalf of the C.O.F., to execute an Agreement with the Kingdom of Callaway Chamber of Commerce, Fulton, MO., for services to be rendered, & establishing an effective date (Copy is included in the official Resolution Book).

Motion was offered by Councilman Moore and seconded by Councilman Harris to adopt Resolution 2861 at this council meeting.  Motion carried with all eight members of the council voting in favor.

Resolution 2862 was presented and read by Councilwoman Chailland.

Resolution 2862 - A Resolution Authorizing the Mayor & City Clerk, on behalf of the C.O.F., to execute an Agreement with the Fulton Area Development Corporation, Fulton, MO., for services to be rendered, & establishing an effective date (Copy is included in the official Resolution Book).

Motion was offered by Councilwoman Chailland and seconded by Councilman McCall to adopt Resolution 2862 at this council meeting.  Motion carried with all eight members of the council voting in favor.

ORDINANCES:

Bill No. 1187 was presented and read for the first time by Councilman Harris.

Bill No. 1187 - An Ordinance declaring City Property to be Surplus Property, authorizing its sale and establishing an effective date.

Motion was offered by Councilman Harris and seconded by Councilman McCall to place Bill No. 1187 for second reading at the next regularly scheduled council meeting.  Motion carried with all eight members of the council voting in favor.

Bill No. 1188 was presented and read for the first time by Councilman Bill.

Bill 1188 - An Ordinance Declaring a Tract of Land

known as Route 54 Outer Road from Station 0+80.00 to Station 10+00.00 lying South of Route F & West of Route 54 Right-of-way to be Surplus Property & Authorizing the sale of said tract to Raymond Bax & Theresa Bax in exchange for a strip of land West of the above mentioned tract to facilitate the construction of a roadway.

Motion was offered by Councilman Bill and seconded by Councilman Moore to place Bill No. 1188 for second reading at the next regularly scheduled council meeting.  Motion carried with all eight members of the council voting in favor.

Bill No. 1189 was presented and read for the first time by Councilman Moore.

Bill No. 1189 - An Ordinance Amending the April 1997 Callaway County Emergency Operations Center (EOC) Agreement for Public Emergency Communications Operations Services for the City of Fulton.

Motion was offered by Councilman Moore and seconded by Councilman Harris to place Bill No. 1189 for second reading at the next regularly scheduled council meeting.  Motion carried with all eight members of the council voting in favor.

Bill No. 1190 was presented and read for the first time by Councilwoman Gohring.

Bill No. 1190 - An Ordinance Amending the Fulton City Code by enacting a Section 38-2 (c) Court Costs, Missouri Statewide Court Automation Program surcharge of $7.00 for cases in the City of Fulton Municipal Division of the 13th Judicial Circuit to be paid to the State of Missouri for participation in the statewide court automation program.

Motion was offered by Councilwoman Gohring and seconded by Councilman Bill to place Bill No. 1190 for second reading at the next regularly scheduled council meeting.  Motion carried with all eight members of the council voting in favor.

Bill No. 1186 was presented for second reading by Councilman McCall.

Bill No. 1186 - An Ordinance Amending Chapter 110 Traffic & Vehicles, Fulton City Code, by adding a portion of Vine Street to Section 110-341. Parking on certain streets prohibited or limited, and establishing an effective date.

Motion was offered by Councilman McCall and seconded by Councilman Moore to place Bill No. 1186 for third reading at this council meeting.  Motion carried with all eight members of the council voting in favor.

Bill No. 1186 was read for the third time by Councilman McCall.

Motion was offered by Councilman McCall and seconded by Councilman Moore to place Bill No. 1186 for final passage at this council meeting.  Motion carried with all eight members of the council voting in favor.

Roll call vote of members of the council was as follows: Bill, yes; Chailland, yes; Gohring, yes; Harris, yes; McCall, yes; Moore, yes; Pautz, yes; and Benton, yes. Bill No. 1186 having received the affirmative vote of all eight members of the council was declared passed by the President of the council.

Bill No. 1179 was presented for third reading by Councilman Benton.

Bill No. 1179 - An Ordinance establishing Connection Fees to City Utilities of the C.O.F. and establishing an effective date (Copy is included in the official Ordinance Book). 

Motion was offered by Councilman Benton and seconded by Councilman Harris to place Bill No. 1179 for final passage at this council meeting.  Motion carried with all eight members of the council voting in favor.

Roll call vote of members of the council was as follows: Chailland, yes; Gohring, yes; Harris, yes; McCall, yes; Moore, yes; Pautz, yes; Benton, yes; and Bill, yes.  Bill No. 1179 having received the affirmative vote of all eight members of the council was declared passed by the President of the council.

Bill No. 1180 was presented for third reading by Councilman Harris.

Bill No. 1180 - An Ordinance Incorporating certain territory into the corporate limits of the C.O.F., establishing an initial zoning and an effective date (Copy is included in the official Ordinance Book).

Motion was offered by Councilman Harris and seconded by Councilman Moore to place Bill No. 1180 for final passage at this council meeting.  Motion carried with all eight members of the council voting in favor.

Roll call vote of members of the council was as follows: Gohring, yes; Harris, yes; McCall, yes; Moore, yes; Pautz, yes; Benton, yes; Bill, yes; and Chailland, yes.  Bill No. 1180 having received the affirmative vote of all eight members of the council was declared passed by the President of the council.

Bill No. 1181 was presented for third reading by Councilwoman Gohring.

Bill Mo. 1181 - An Ordinance Incorporating certain territory into the corporate limits of the C.O.F., establishing an initial zoning and an effective date (Copy is included in the official Ordinance Book).

Motion was offered by Councilwoman Gohring and seconded by Councilman Bill to place Bill No. 1181 for final passage at this council meeting.  Motion carried with all eight members of the council voting in favor.

Roll call vote of members of the council was as follows: Harris, yes; McCall, yes; Moore, yes; Pautz, yes; Benton, yes; Bill, yes; Chailland, yes; and Gohring, yes.  Bill No. 1181 having received the affirmative vote of all eight members of the council was declared passed by the President of the council.

Bill No. 1183 was presented for third reading by Councilman Pautz.

Bill No. 1183 - An Ordinance Amending Appendix A-Zoning by Deleting Sec. 13 Amendments (A) (1) (b) 2, of the Code of the C.O.F. pertaining to the filing fee for rezoning and enacting a new Sec. 13 Amendments (A) (1) (b) 2, and establishing an effective date (Copy is included in the official Ordinance Book).

Motion was offered by Councilman Pautz and seconded by Councilman Moore to place Bill No. 1183 for final passage at this council meeting.  Motion carried with all eight members of the council voting in favor.

Roll call vote of members of the council was as follows: Harris, yes; McCall, yes; Moore, yes; Pautz, yes; Benton, yes; Bill, yes; Chailland, yes; and Gohring, yes.  Bill No. 1181 having received the affirmative vote of all eight members of the council was declared passed by the President of the council.

Bill No. 1184 was presented for third reading by Councilwoman Chailland.

Bill No. 1184 - An Ordinance Amending Appendix A-Zoning by Deleting Sec.4 Use Regulations (6) A. of the Code of the C.O.F., pertaining to Planned Commercial Districts and enacting a new Sec.4 Use Regulations (6) A., and establishing an effective date (Copy is included in the official Ordinance Book).  

Motion was offered by Councilwoman Chailland and seconded by Councilman Pautz to place Bill No. 1184 for final passage at this council meeting.  Motion carried with all eight members of the council voting in favor.

Councilman Benton asked that a review of the Municipal Court be scheduled for a future work session.

APPOINTMENTS:

Mayor Craghead submitted the name of Shane Clines to be appointed to the Park Board replacing Jim Foster.

Motion was offered by Councilman McCall and seconded by Councilman Benton to approve the appointment of Shane Clines to the Park Board as submitted.  Motion carried with all eight members of the council voting in favor.

ANNOUNCEMENTS:

A reminder of the Fulton Area Development Corporation Business Salute on Thursday, March 29, 2007 at Tucker Dining Room on the campus of William Woods University.

A reminder of Fulton Pride Day on Saturday, April 21, 2007, beginning at 9:00 a.m. at the Amphitheatre at Veteran's Park.

EXECUTIVE SESSION:

There was no need of 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 all eight members of the council voting in favor and the meeting adjourned at 8:15 p.m.

                                  Robert W. Craghead, Mayor

Carolyn L. Laswell, CMC/MRCC

City Clerk