CITY COUNCIL MINUTES

SEPTEMBER 16, 2008

The Council of the City of Fulton, Missouri, met in regular session and held a Public Hearing on Tuesday, September 16, 2008, in the Council Chambers of City Hall located at 18 E. 4th Street. Present and presiding were Charles M. 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 7:30 p.m. Roll call was taken by the City Clerk and members of the council present were Benton; Bill; Digh; Gohring; Harris; Moore; and West. Absent was Councilman Pautz. Also present were Darrell Dunlap, Superintendent of Utilities; Dean Buffington, Fire Chief; Kathy Holschlag, Chief Financial Officer; J. C. Miller, Solid Waste Manager; Sharon Cleveland, Purchasing Agent; Clay Caswell, Parks & Recreation Director; Sherri Redmon, Human Resource Director; Matt Harline, Assistant to the Director of Administration; Greg Hayes, City Engineer; Duane Schreimann; Rick Graham; Dale Nichols; Dave Babel; Bryce Koelling; Matthew Eichman; Phillip Morrison; Roger Meissen and another reporter for The Fulton Sun; 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. There were none.

PUBLIC HEARING:

The purpose of this hearing was to consider proposed rezoning of a tract of land fronting for approximately 1377 feet on the northwest side of Old Jefferson City Road beginning approximately 450 feet from the intersection of Old Jefferson City Road and Cote Sans Dessein. Said tract also fronts on the west side of By-pass Highway 54 for approximately 1050 feet from its present zoning classification of C-3 Commercial to C-2 Commercial.

Mayor Latham declared this Public Hearing open at 6:33 p.m. There were three (3) calls 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.

Mayor Latham said there will be three (3) calls for anyone wishing to speak in favor of the matter being considered.

First Call: Matthew Eichman, 1009 Gaylord Drive, spoke in favor of the proposed re-zoning.

Second Call: Phillip Morrison, 1516 Forest Avenue, spoke in favor of the proposed re-zoning.

Third Call: Bryce Koelling, 605 Nichols Street, spoke in favor of the proposed re-zoning.

Mayor Latham declared this hearing closed at 7:40 p.m.

SUBJECTS OF DISCUSSION:

a) Presentation and Discussion of Landfill Issues.

Duane Schreimann, an attorney from Jefferson City, representing Fred Weber, Inc., on a Request for Proposals on the Solid Waste Management of a public-private partnership. He spoke to the council by referring to a letter that was enclosed in the council packet and said he would address any questions. However, the council did not respond in any way.

b) Review of the written request from the Fulton Area Development Corporation (FADC) regarding the 2009 Agreement for Services with the C.O.F.

Bruce Hackmann, CEO of FADC, thanked the city for all their support and asked for the 2009 Agreement to remain the same as last year.

c) Approval needed on the written request for the 38th Annual Callaway County CROP Hunger Walk to be held on Sunday, October 5, 2008 at 1:30 p.m.

After some discussion, motion was offered by Councilman West and seconded by Councilman Benton to approve this request as presented. Motion carried with seven members of the council voting in favor and one member (Pautz) absent.

d) Approval needed on the request, recommended by the Park Board, to name the new shelter in Veteran's Park for the late David White, a former employee of the Fulton Public Schools.

Mayor Latham asked that this request be postponed until more information could be obtained.

e) Approval needed on the request to hold the Fulton High School Homecoming Parade and the usual parade route on Friday, October 3rd at 4:30 p.m.

f) Discuss changing the date of the first meeting in November due to the holiday - Veteran's Day. It was suggested to re-schedule the meeting for Thursday, November 13th.

Motion was offered by Councilman Bill and seconded by Councilwoman Digh that this request be approved as presented. Motion carried with seven members of the council voting in favor and one member (Pautz) absent.

g) Historically, there has been only one council meeting in December, so it has been suggested to re-schedule this one council meeting to Tuesday, December 16th.

Motion was offered by Councilman Harris and seconded by Councilman Moore that this request be approved as presented. Motion carried with seven members of the council voting in favor and one member (Pautz) absent.

RESOLUTIONS:

Resolution 3018 was presented and read by Councilwoman Digh.

Resolution 3018 - A Resolution authorizing the Mayor, on behalf of the C.O.F., to sign all necessary documents to make application to the Missouri Department of Public Safety for a 2008 Local Law Enforcement Block Grant (Copy is included in the official Resolution Book).

Motion was offered by Councilwoman Digh and seconded by Councilman Harris to adopt Resolution 3018 at this council meeting. Motion carried with seven members of the council voting in favor and one member (Pautz) absent.

ORDINANCES:

Bill No. 1251 was presented for first reading by Councilman Harris.

Bill No.1251 - An Ordinance Re-classifying under the Zoning Ordinance certain land in the C.O.F., and establishing an effective date.

Motion was offered by Councilman Harris and seconded by Councilman Moore to place Bill No. 1251 for second reading at the next regularly scheduled council meeting. Motion carried with seven members of the council voting in favor and one member (Pautz) absent.

Bill No. 1247 was presented for second reading by Councilman Moore.

Bill No. 1247 - An Ordinance Renaming Commercial Street to Ashton Circle West and Ashton Circle East, & establishing an effective date (Copy is included in the official Ordinance Book).

Motion was offered by Councilman Moore and seconded by Councilwoman Digh to place Bill No. 1247 for third reading at this council meeting. Motion carried with seven members of the council voting in favor and one member (Pautz) absent.

Bill No. 1247 was read for the third time by Councilman Moore.

Motion was offered by Councilman Moore and seconded by Councilman Harris to place Bill No. 1247 for final passage at this council meeting. Motion carried with seven members of the council voting in favor and one member (Pautz) absent.

Roll call vote of members of the council was as follows: Digh, yes; Gohring, yes; Harris, yes; Moore, yes; West, yes; Benton, yes; and Bill, yes. Bill No. 1247 having received the affirmative vote of seven members of the council, one member (Pautz) absent, was declared passed by the President of the council.

Bill No. 1248 was presented for second reading by Councilman Bill.

Bill No. 1248 - An Ordinance Amending Chapter 110 Traffic & Vehicles, Section 110-341. Parking on certain streets prohibited or limited, & establishing an effective date (Copy is included in the official Ordinance Book).

Motion was offered by Councilman Bill and seconded by Councilwoman Gohring to place Bill No. 1248 for third reading at this council meeting. Motion carried with seven members of the council voting in favor and one member (Pautz) absent.

Bill No. 1248 was read for the third time by Councilman Moore.

Motion was offered by Councilman Moore and seconded by Councilwoman Gohring to place Bill No. 1248 for final passage at this council meeting. Motion carried with seven members of the council voting in favor and one member (Pautz) absent.

Roll call vote of members of the council was as follows: Gohring, yes; Harris, yes; Moore, yes; West, yes; Benton, yes; Bill, yes; and Digh, yes. Bill No. 1248 having received the affirmative vote of seven members of the council, one member (Pautz) absent, was declared passed by the President of the council.

Bill No. 1249 was presented for second reading by Councilman West.

Bill No. 1249 - An Ordinance Authorizing the Mayor, on behalf of the C.O.F., to sign all necessary documents with MoDot Commission for Surface Transportation Program (STP) Funding for improvements to the signals at Bluff Street and St. Louis Avenue (Copy is included in the official Ordinance Book).

Motion was offered by Councilman West and seconded by Councilwoman Gohring to place Bill No. 1249 for third reading at this council meeting. Motion carried with seven members of the council voting in favor and one member (Pautz) absent.

Bill No. 1249 was read for the third time by Councilman West.

Motion was offered by Councilman West and seconded by Councilwoman Gohring to place Bill No. 1249 for final passage at this council meeting. Motion carried with seven members of the council voting in favor and one member (Pautz) absent.

Roll call vote of members of the council was as follows: Harris, yes; Moore, yes; West, yes; Benton, yes; Bill, yes; Digh, yes; and Gohring, yes. Bill No. 1249 having received the affirmative vote of seven members of the council, one member (Pautz) absent, was declared passed by the President of the council.

Dale Nichols and Dave Babel, Fulton Commons, LLC., were present to give an update on Fulton Commons on the south end of Business 54.

Bill No. 1250 was presented for second reading by Councilman Benton.

Bill No. 1250 - An Ordinance authorizing the Mayor, on behalf of the C.O.F., to transfer certain property, previously declared City Surplus Property, to Fulton Commons, LLC., per an Request for Proposals (RFP), meeting all proposal requirements and to be used as a storm water detention basin to allow for the construction of an Orscheln Farm & Home store and other retail, all located within the Fulton Commons or near the intersection of Ferdinand Drive and Business 54 (Copy is included in the official Ordinance Book).

Motion was offered by Councilman Benton and seconded by Councilman Bill to place Bill No. 1250 for third reading at this council meeting. Motion carried with seven members of the council voting in favor and one member (Pautz) absent.

Bill No. 1250 was read for the third time by Councilman Benton.

Motion was offered by Councilman Benton and seconded by Councilman Harris to place Bill No. 1250 for final passage at this council meeting. Motion carried with seven members of the council voting in favor and one member (Pautz) absent.

Roll call vote of members of the council was as follows: Moore, yes; West, yes; Benton, yes; Bill, yes; Digh, yes; Gohring, yes; and Harris, yes. Bill No. 1250 having received the affirmative vote of seven members of the council, one member (Pautz) absent, was declared passed by the President of the council.

APPOINTMENTS:

There were none.

ANNOUNCEMENTS:

The Annual Mayor's Holiday Social has been scheduled for Friday, December 12th from 4:00 p.m. to 7:00 p.m. in the Atrium, on the Upper Level of City Hall.

EXECUTIVE SESSION:

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 West and seconded by Councilman Bill to adjourn this meeting. Motion carried with seven members of the council voting in favor, one member (Pautz) absent, and the meeting adjourned at 8:06 p.m.

Charles M. Latham, Mayor

Carolyn L. Laswell, CMC/MRCC

City Clerk