CITY COUNCIL MINUTES
SEPTEMBER 12, 2006
The Council of the City of Fulton, Missouri, met in regular session and held four (4) Public Hearings on Tuesday, September 12th, 2006, 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; Chailland; Gohring; Harris; Moore and Wilkinson. Absent were Councilmembers Bill and McCall. Also present were Patrick Bonnot, Assistant to the Director of Administration; Darrell Dunlap, Superintendent of Utilities; Sherri Redmon, Human Resource Director; Clay Caswell, Parks & Recreation Director; Jane Hubbard, Chief Financial Officer; J. C. Miller, Solid Waste Manager; Kevin Coffelt, Deputy Fire Chief; Sharon Cleveland, Purchasing Agent; Greg Hayes, City Engineer; Paul Frevert; Annie Frevert; Doris Baldwin; David Fowler; William Jenkins; Dana Kronk; Judy McKinnon; David McDaniel; John Pautz; John Rupard; Kerensa Rupard; Cathy Guth; Sam Guth; Lloyd Talbert; Jon Hetzel; Arlene Jackson; Sue Detienne; Karen Digh; Ned Digh; Esther Digh; Mitch Fletcher; Rhonda Fletcher; Charles Latham; Brandon Harp; Tom Terril; Jeremy Doughty; Joy Doughty; Virginia Bratten; Susan Anderson; Royce Anderson; Doug Harris; Charles Roe; Dave Babel; Dale Nichols; Mark Sommerhauser, reporter, for THE FULTON SUN; and Jeremy Polston, 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.
Judy McKinney, 1004 Herring Drive, urged the city to continue working with the YMCA on the proposed aquatic center. It would be the best for the community to work together and join resources.
PUBLIC HEARINGS:
Mayor Craghead announced there will be four (4) Public Hearings on this evening's agenda and the format will be as follows:
Hearing One:
The purpose of this hearing is to consider the proposed rezoning of a tract of land known as 1404 North Bluff, Fulton, Missouri from its present zoning classification of R-1 Residential to C-2 Commercial.
This hearing was now declared open at 7:35 p.m.
There were three calls issued for anyone wishing to speak IN OPPOSITION of the matter being considered.
First call, was there anyone present who wished to speak in opposition of this proposed rezoning?
Arlene Jackson, 211 E. 14th Street, said the traffic is already congested at the intersection of Bluff and Highway Z, this will only make it worse.
Second call, was there anyone present who wished to speak in opposition of this proposed rezoning?
Sue Detienne, 2 Ivy Lane, said there would be much more traffic and she was concerned with the water draining issues.
Karen Digh, 6 Ivy Lane, read a letter of protest with signatures and submitted it to the council for review and asked that it become a part of the council meeting record. Therefore, this letter with signatures is hereby incorporated as part of these minutes.
Karen Digh stated that this area "must remain residential". She has much frustration over this issue of safety and security in her neighborhood.
Sam Guth, 1400 North Bluff, said his property is not involved in this Walgreens project but since his property is right next to said property, he is concerned about lights from the parking lot shining in his bedroom windows and the water issues.
Third and final call, was there anyone present who wished to speak in opposition of this proposed rezoning? There were none.
There were three calls issued for anyone wishing to speak IN FAVOR of the matter being considered.
First call, was there anyone present who wished to speak in favor of this proposed rezoning?
Charles Lowell, 1404 North Bluff, said the traffic on Bluff Street is heavy now and it would not go away with Walgreens being built there but it is a good location for them and the citizens need substantial national businesses in Fulton. Fulton needs to be pro-active and this addition would provide a healthier economy.
Second call, was there anyone present who wished to speak in favor of this proposed rezoning? There were none.
Third and final call, was there anyone present who wished to speak in favor of this proposed rezoning? There were none.
This Public Hearing declared closed at 8:15 p.m.
Hearing Two:
The purpose of this hearing is to consider the proposed rezoning of a tract of land known as 1406 North Bluff, Fulton, Missouri from its present zoning classification of R-1 Residential to C-2 Commercial.
This hearing was declared open at 8:16 p.m.
There were three calls issued for anyone wishing to speak IN OPPOSITION of the matter being considered.
First call, was there anyone present who wished to speak in opposition of this proposal?
Karen Digh, 6 Ivy Lane, again stated her protests against this proposed rezoning.
Second call, was there anyone present who wished to speak in opposition of this proposal?
Sue Detienne, 2 Ivy Lane, said she felt this would be a large issue of safety and security for the neighborhood, if this rezoning is approved.
Third call, was there anyone present who wished to speak in opposition of this proposal? There were none.
There were three calls issued for anyone wishing to speak IN FAVOR of the matter being considered.
First call, was there anyone present who wished to speak in favor of this proposal? There were none.
Second call, was there anyone present who wished to speak in favor of this proposal? There were none.
Third and final call, was there anyone present who wished to speak in favor of this proposal? There were none.
This Public Hearing was declared closed at 8:17 p.m.
Hearing Three:
The purpose of this hearing to consider the proposed rezoning of a tract of land known as 1408 North Bluff, Fulton, Missouri from its present zoning classification of R-1 Residential to C-2 Commercial.
This hearing was declared open at 8:17 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 this proposal? There were none.
Second call, is there anyone present who wishes to speak in opposition of this proposal? There were none.
Third and final call, is there anyone present who wishes to speak in opposition of this proposal?
Arlene Jackson, 211 E. 14th Street, read portions of the Missouri & United States Constitution to the council.
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 this proposal?
Joy Doughty, 1408 Bluff Street, said there are currently no improvements being made on the houses on Bluff Street and the only thing of value is the land.
Second call, is there anyone present who wishes to speak in favor of this proposal?
Jerry Doughty, 1408 Bluff Street, agreed with his wife that these houses are not of any value only the land. The rezoning would allow this neighborhood to only improve.
Third and final call, is there anyone present who wishes to speak in favor of this proposal?
Barbara Hauck, Tanglewood Way, a pharmacist for Walgreens for twenty-two years, spoke in favor of the rezoning.
This Public Hearing was declared closed at 8:21 p.m.
Hearing Four:
The purpose of this hearing to consider the proposed rezoning of a tract of land known as 1410 North Bluff, Fulton, Missouri from its present zoning classification of R-1 Residential to C-2 Commercial.
This hearing was declared open at 8:22 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 this proposal? There were none.
Second call, is there anyone present who wishes to speak in opposition of this proposal? There were none.
Third and final call, is there anyone present who wishes to speak in opposition of this proposal? 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 this proposal? There were none.
Second call, is there anyone present who wishes to speak in favor of this proposal?
Royce Anderson, 838 Grand, said he raised his family in Fulton and he is in support of Walgreens locating in Fulton as it is a quality business.
He said that Myrtle Street is not to be changed by the city or Walgreens, it will act as a buffer zone for the residences. Traffic is heavy at the intersection of Bluff and Highway Z, but it is regulated by a stop light and the traffic does flow as he monitored it earlier today.
Third and final call, is there anyone present who wishes to speak in favor of this proposal?
Brandon Harp, Project Engineer for Walgreens addressed the council by saying they plan to purchase the 1.75 acres after the properties are rezoned from residential to commercial.
This Public Hearing was declared closed at 8:35 p.m.
SUBJECTS OF DISCUSSION:
a) Continuing discussion on the proposed Monopole US Cellular Tower to be placed at 1715 Wood Street (YMCA property).
William Jenkins, US Cellular, said he placed a transmitter at 150' on the water tower and drove around town. This will not work on the city's water tower.
David Fowler, US Cellular, distributed a map to the council showing coverage at 150 feet and 190 feet throughout Fulton.
Patrick Bonnot, Asst. to the Director of Administration, said he contacted our city attorney and we, as a municipality cannot withhold any company to only build on city property - cannot outlaw cell towers. Federal guidelines protect all cell tower companies. However, we can limit the number of towers within a certain area.
After much discussion, motion was offered by Councilman Harris and seconded by Councilman Moore to grant permission to construct a Monopole US Cellular Tower at 1715 Wood Street, on YMCA property. Motion was tied with three members of the council voting in favor and three members (Benton, Chailland and Wilkinson) voting against, and two members (Bill and McCall) absent. So, Mayor Craghead was asked to break the tie and he voted in favor. Therefore, the motion was passed.
b) Update on the council tour of the City's Old Power Plant.
Councilman Wilkinson asked the administration to present the costs to tear down the Old Power Plant and clear the lot.
Councilman Moore asked that the first floor of the plant be boarded up.
Councilman Harris said the building was a solid structure and suggested that it be boarded up securely.
Councilman Benton agreed that it was a solid building and had real potential but needed to be secured.
A suggestion was made to have the Mayor appoint a citizen's committee to help determine its fate.
After much discussion, motion was offered by Councilman Moore and seconded by Councilman Harris to board up the Old Power Plant as soon as possible. Motion carried with six members of the council voting in favor and two members (Bill and McCall) absent.
c) Discussion of the Aquatic Center.
David Crane, YMCA President was present at this meeting and addressed the council by saying it would be a good partnership with the city and this latest proposal is receiving positive comments from the YMCA Board.
Clay Caswell, Parks & Recreation Director, distributed the Parks & Recreation/Stormwater 1/2 cent sales tax proposal to the council.
The council said that storm water improvements need to be prioritized. They felt this request should go to the vote of the citizens as, it is their decision on whether or not a aquatic center is built in partnership with the YMCA.
After much discussion, motion was offered by Councilman Benton and seconded by Councilman Harris to have the administration proceed with the sales tax proposition and have it placed on the ballot, contingent on approval of the citizens in an upcoming special election. Motion carried with six members of the council voting in favor and two members (Bill and McCall) absent.
Mayor Craghead will appoint a committee to promote the Aquatic Center and Stormwater Improvements with the 1/2 cent sales tax proposal.
Mayor Craghead adjourned the council at 9:14 p.m. and the council reconvened at 9:25 p.m.
d) Update on the Water Project.
Greg Hayes, City Engineer and Darrell Dunlap, Supt. of Utilities, said the decision to designate zones within the community to raise water pressure seems to be working quite well. This method centralizes the leaks and the city is more able to control them.
Greg Hayes said many leaks have erupted at William Woods University. The crews have been working twelve to fourteen hours a day and he thanked them all.
e) Permission from Fulton High School to hold their 2006 Homecoming Parade on Friday, October 6th, 2006 at 4:30 p.m.
Motion was offered by Councilman Moore and seconded by Councilman Wilkinson to grant permission to Fulton High School per the request as long as all regulations are followed. Motion carried with six members of the council voting in favor and two members (Bill and McCall) absent. The city clerk will notify the high school of the council's decision.
RESOLUTIONS:
Resolution 2840 was presented and read by Councilman Wilkinson.
Resolution 2840 - A Resolution authorizing the Mayor, on behalf of the City of Fulton, to sign all necessary documents to apply for a Commercial Equipment Distribution Assistance Program Grant through Homeland Security for Hydraulic Powered Rescue 911 Safety Equipment Tools and establishing an effective date (Copy is included in the official Resolution Book).
Motion was offered by Councilman Wilkinson and seconded by Councilman Moore to adopt Resolution 2840 at this council meeting. Motion carried with six members of the council voting in favor and two members (Bill and McCall) absent.
ORDINANCES:
Bill Numbers 1153 through 1156 were to be presented and read for the first time at this council meeting. As a result of the four Public Hearings previously held earlier in this meeting, it became apparent that more information was needed by the council to determine if 1404 North Bluff, 1406 North Bluff, 1408 North Bluff and 1410 North Bluff should be rezoned from R-1 to C-2 per the request of Walgreens.
Therefore, motion was offered by Councilman Benton and seconded by Councilwoman Chailland to table Bill Numbers 1153 through 1156 for further review at tonight's council meeting. Motion carried with six members of the council voting in favor and two members (Bill and McCall) absent.
Bill No. 1157 was presented and read for the first time by Councilman Moore.
Bill No. 1157 - An Ordinance amending Chapter 110 Traffic & Vehicles, Section 110-283. Stop Signs & Yield Signs Fulton City Code by deleting yield signs on West Ninth Street & East Ninth Street at Court Street and adding stop signs at the same locations, and establishing an effective date.
Motion was offered by Councilman Moore and seconded by Councilman Harris to place Bill No. 1157 for second reading at the next regularly scheduled council meeting. Motion carried with six members of the council voting in favor and two members (Bill and McCall) absent.
Laura Radcliff, AG Edwards of St. Louis and Kim Spees, King Hershey Law Firm of Kansas City were present to answer any questions on Bill No. 1158 - Tax Increment Revenue Bonds for the Fulton Commons Redevelopment Project.
After some discussion, Bill No. 1158 was presented and read for the first time by Councilman Benton.
Bill No.1158 - An Ordinance of the City Council of Fulton, MO, Approving the Issuance of Tax Increment Revenue Bonds (Fulton Commons Redevelopment Project) Series 2006, authorizing the Execution of Certain Documents and Authorizing Further Actions Related to Such Bonds, and Establishing an Effective Date.
Motion was offered by Councilman Benton and seconded by Councilman Moore to place Bill No. 1158 for second reading at the next regularly scheduled council meeting. Motion carried with six members of the council voting in favor and two members (Bill and McCall) absent.
APPOINTMENTS:
Mayor Craghead stated there were no new appointments to be presented at tonight's council meeting.
ANNOUNCEMENTS:
Reminder of the dedication of Phase IV of the Stinson Walking Trail on Thursday, September 28th at 5:30 p.m. by the old railroad bridge.
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 Harris and seconded by Councilwoman Chailland to adjourn this meeting. Motion carried with six members of the council voting in favor, two members (Bill and McCall) absent, and the meeting adjourned at 9:46 p.m.
Robert W. Craghead, Mayor
Carolyn L. Laswell, CMC/MRCC
City Clerk