CITY COUNCIL MINUTES
AUGUST 14, 2007
The Council of the City of Fulton, Missouri, met in regular session on Tuesday, August 14th, 2007, in the Council Chambers of City Hall located at 18 E. 4th Street. Present and presiding were Charles 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 7:33 p.m. Roll call was taken by the City Clerk and members of the council present were Benton; Bill; Chailland; Digh; Harris; Moore and Pautz. Absent was councilmember Gohring. Also present were Matt Harline, Assistant to the Director of Administration; Clay Caswell, Parks & Recreation Director; Les Hudson, Code Enforcement Officer; Kevin Coffelt, Deputy Fire Chief; Kathy Holschlag; Chief Financial Officer; J. C. Miller, Solid Waste Manager; Darrell Dunlap, Superintendent of Utilities; Greg Hayes, City Engineer; Sharon Cleveland, Purchasing Agent; Sherri Redmon, Human Resources Director; Huldia Cox; Dava Gardnes; Janet Branch; Tanner Russell; Arlene Jackson; Karen Digh; Marty Martin; Charlie Riley; Dale Nichols; Dave Babel; Michelle Partington; Lyn Partington; Madalyn Maddox; Thomas Gredell; Paul Shay; Lenora Shay; Marcus Wilkins, reporter for THE FULTON SUN; and 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.
Mayor Latham asked Les Hudson, Code Enforcement, to address the council. Mr. Hudson referred to the Howard Nickelson petition by stating that Mr. Nickelson has withdrawn his petition for rezoning and has no plans to re-file.
Arlene Jackson, 211 E. 14th Street, asked once again, that the city reconsider abandoning Myrtle Street and alleyway. She also asked that the city retain the tree line as a buffer zone from the Walgreen's building.
Karen Digh, 6 Ivy Lane, re-enforced Arlene Jackson's statement previously stated and said the residents want to preserve what they now have.
Janet Branch, 1933 Lake Drive, requested that all property owners on Lake Drive, submit their request for re-zoning from R-3 to R-1 to City Hall, with the required fees, by Friday, August 17th.
SUBJECTS OF DISCUSSION:
a) Gredell Engineering Resources, Inc., a recycling consulting service, to make a presentation for a proposed Recycling Participation Study and Advancement Plan.
J. C. Miller, Solid Waste Manager, introduced Tom Gredell, President to make a presentation to the council at this meeting.
Mr. Gredell distributed draft copies of the survey, one of "I do not recycle in Fulton" and one of "I recycle in Fulton". The purpose of this survey is to try and find out why the participation in the recycling program is so extremely low. This survey is also available on-line at www.fultonrecycles.com.
Citizens will be able to drop their surveys off with their utility payment, either at City Hall or the drop box, or fax their survey to (573) 635-3810. More information will be forthcoming.
b) Discussion and Approval needed for a C-3 Planned Commercial Plans from Jay Lewis for storage sheds to be built off Business 54 North (behind Pizza Hut).
After some discussion, motion was offered by Councilman Harris and seconded by Councilman Pautz to approve this C-3 Commercial Plan for storage sheds as presented. Motion carried with seven members of the council voting in favor and one member (Gohring) absent.
c) Discussion on the request received from the Foundation for the Advancement of the Fulton State Hospital to hold a Bluegrass & Barbecue Festival on Sunday, August 19th from 1:00 p.m. to 7:00 p.m. on the hospital grounds.
Charlie Riley and Marty Martin were present to address the council on behalf of the foundation. They asked for the city's approval and support of this festival.
After some discussion, motion was offered by Councilman Pautz and seconded by Councilman Benton to grant permission for this request as stated. Motion carried with seven members of the council voting in favor and one member (Gohring) absent.
d) Discussion of Northwest Sanitary Sewer Improvements.
Bill Johnson, Director of Administration, said the city needs to get sewer to the West of Highway 54 South of Tanglewood. There is a developer that would like to build and develop some property in that area and the city would have to come up with a plan that would allow us to pay for the large sewer to the area and then the developer would be responsible for the collection system. The city feels that it is not right for the existing citizens to have to pay more for their sewer because some developer wants to build somewhere there is currently not any sewer plus the fact it is the responsibility of the city to provide sewer within the city limits.
A handout was included in the council packet with examples of fees, etc.
After some discussion, motion was offered by Councilman Harris and seconded by Councilman Pautz to have the Administration draft an ordinance on this proposed Northwest Sanitary Sewer Improvements to bring back to the council. Motion carried with seven members of the council voting in favor and one member (Gohring) absent.
e) Discussion on the re-scheduling of the September 11th council meeting due to the conflict with the Missouri Municipal League Conference.
The city clerk said the regular meeting of the city council in September is at the same time of the Missouri Municipal League Conference. The most realistic date would be either the 3rd or 4th Tuesday. Due to having the Monthly Financials included in the council packet, the meeting date of September 25th would be better for the Financial Officer.
After some discussion, motion was offered by Councilman Moore and seconded by Councilman Harris to schedule the September City Council Meeting for Tuesday, September 25th at 6:30 p.m. Motion carried with seven members of the council voting in favor and one member (Gohring) absent.
f) Discussion of the Water Contract with Alliance Water Resources, Inc.
Bill Johnson said the city is considering taking the water back in-house as they did with the wastewater last year. Therefore, the city is asking for permission from the council to terminate the Water Contract with Alliance Water Resources, Inc., on January 1, 2008. Darrell Dunlap, Superintendent of Utilities, said the city could save money to put back in the system by doing it in-house.
The city would have to hire an additional crew for construction and another crew for service but the meter reading would be done under the Electric Supervisor.
Motion was offered by Councilman Pautz and seconded by Councilman Moore to take the Water Contract back in-house and terminate the current contract with Alliance Water Resources on January 1, 2008.
Motion carried with seven members of the council voting in favor and one member (Gohring) absent.
g) Discussion on the recommendation of the Historic Preservation Commission for the approval of the signage "Market Street Parking for Historic Downtown Fulton".
Les Hudson referred to a copy of the proposed sign that was included in the council packet.
Upon review, motion was offered by Councilman Moore and seconded by Councilwoman Digh to approve the signage for the Market Street Parking Lot as recommended and presented by the Historic Preservation Commission. Motion carried with seven members of the council voting in favor and one member (Gohring) absent.
h) Discussion and Acceptance of the Wren Property from Dale Nichols, Fulton Commons, LLC.
Dale Nichols said the property is ready to turn over to the city and Dave Babel will give an update on other improvements and activities in the south end of town.
Dave Babel said Big O Tire will open the first of October. Anytime Fitness is being constructed as he spoke. Fastenal is up and running along with Sutherlands, C & R Grocery, and Sears. Sutherland reported that traffic has increased since C & R opened.
Motion was offered by Councilman Moore and seconded by Councilwoman Digh to authorize the Mayor to sign all necessary documents for the acceptance of ownership of the Wren Property. Motion carried with seven members of the council voting in favor and one member (Gohring) absent.
i) Discussion of 2007 and 2008 Wholesale Electric Costs.
Darrell Dunlap presented a plan to purchase the city's electric needs for the rest of the year and into 2008.
Bill Johnson said he is asking the council to allow Darrell and himself the authority to purchase electricity in the city's best interest, because it is impossible to bring these decisions to the council as the prices vary minute to minute. This would coincide on how natural gas is purchased by the city at the present time.
After some discussion, motion was offered by Councilman Pautz and seconded by Councilman Bill to authorize Bill Johnson and Darrell Dunlap to purchase electric energy as proposed. Motion carried with seven members of the council voting in favor and one member (Gohring) absent.
RESOLUTIONS:
Resolution 2878 was presented and read by Councilman Benton.
Resolution 2878 - A Resolution authorizing the Mayor and City Clerk, on behalf of the C.O.F., to enter into a Memorandum of Agreement with William Woods University for the improvements to the Dam and Spillway to Junior Lake on their campus (Copy is included in the official Resolution Book).
Mayor Latham noted a correction in the Memorandum of Agreement on page four, should be this Agreement shall terminate in twenty (20) years not fifty (50) years.
Motion was offered by Councilman Benton and seconded by Councilman Moore to adopt Resolution 2878 As Amended at tonight's council meeting. Motion carried with seven members of the council voting in favor and one member (Gohring) absent. This resolution will not be signed by the mayor until changes are made.
Resolution 2880 was presented and read by Councilman Bill.
Resolution 2880 - A Resolution authorizing the Mayor, on behalf of the C.O.F., to execute an Airport Aid Agreement with the MO Highways & Transportation Commission for engineering costs for the Sealcoat of Runway 5/23 & Apron, Taxiway, & Taxilane rehab in the Grant Agreement in the amount of $54,558.00 with a local match of $6,062.00, for a total of $64,620.00 (Copy is included in the official Resolution Book).
Motion was offered by Councilman Bill and seconded by Councilman Harris to adopt Resolution 2880 at tonight's council meeting. Motion carried with seven members of the council voting in favor and one member (Gohring) absent.
Resolution 2881 was presented and read by Councilwoman Digh.
Resolution 2881 - A Resolution authorizing the Mayor, on behalf of the C.O.F.,to execute a State Block Grant Agreement with the MO Department of Transportation for entitlement money in the amount of $450,000 with a local match of $23,684.00 for years 2004, 2005, & 2006 which will be used to pay the construction costs for the sealcoat and future apron, taxiway and taxilane rehabilitations projects at the Fulton Hensley Airport (Copy is included in the official Resolution Book).
Motion was offered by Councilwoman Digh and seconded by Councilman Pautz to adopt Resolution 2881 at tonight's council meeting. Motion carried with seven members of the council voting in favor and one member (Gohring) absent.
ORDINANCES:
Bill No. 1205 was presented and read for the first time by Councilwoman Chailland.
Bill No. 1205 - An Ordinance readopting Ordinance 938-03, Enacting Chapter Two, Administration, Article I. In General, Sections 2-9 through 2-13 pertaining to the Annual Financial Disclosure Requirement and establishing an effect date.
Motion was offered by Councilwoman Chailland and seconded by Councilwoman Digh that Bill No. 1205 be placed for second reading at the next regularly scheduled council meeting. Motion carried with seven members of the council voting in favor and one member (Gohring) absent.
Bill No. 1204 was read for the second time by Councilman Harris.
Bill No. 1204 - An Ordinance Authorizing Amendments to the C.O.F. Budget for the fiscal year 2006 as outlined by Article VIII, Financial Procedure, Section 8.8, Amendments After Adoption, paragraph (C), Transfer of Appropriations, Fulton City Charter, and establishing an effective date (Copy is included in the official Ordinance Book).
Motion was offered by Councilman Harris to place Bill No. 1204 for third reading at this council meeting. Motion carried with seven members of the council voting in favor and one member (Gohring) absent.
Bill No. 1204 was read for the third time by Councilman Harris.
Motion was offered by Councilman Harris to place Bill No. 1204 for final passage at this council meeting. Motion carried with seven members of the council voting in favor and one member (Gohring) absent.
Roll call vote of members of the council was as follows: Bill, yes; Chailland, yes; Digh, yes; Harris, yes; Moore, yes; Pautz, yes; and Benton, yes. Bill No. 1204 having received the affirmative vote of seven members of the council, one member (Gohring) absent, was declared passed by the President of the council.
Councilman Moore said the Downtown Merchants have a complaint on the Nichols Street Parking Lot as the city is allowing citizens to drive and park before the lot is re-surfaced, and there is some damage being done.
Greg Hayes, City Engineer said the Nichols Street Parking Lot will be closed at 5:00 a.m. on Monday for a construction period of approximately sixty (60) days.
The council asked for a list of things to be accomplished at the Airport and Councilman Pautz asked for a copy of the Airport Master Plan for all new councilmembers.
APPOINTMENTS:
Mayor Latham presented the appointment of Roberta Smith, for approval by the council, replacing Joyce Epperson on the Fulton Housing Authority Board.
Motion was offered by Councilman Pautz and seconded by Councilman Moore to accept the appointment of Roberta Smith to the Fulton Housing Authority Board. Motion carried with seven members of the council voting in favor and one member (Gohring) absent.
ANNOUNCEMENTS:
Mayor Latham announced the Tomato Festival on Saturday, August 18th at the Covered Bridge. He asked all citizens to support this first-time festival.
EXECUTIVE SESSION:
Mayor Latham 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 Pautz and seconded by Councilwoman Digh to adjourn this meeting. Motion carried with seven members of the council voting in favor, one member (Gohring) absent, and the meeting adjourned at 9:06 p.m.
Charles M. Latham, Mayor
Carolyn L. Laswell, CMC/MRCC
City Clerk