CITY COUNCIL MINUTES
SEPTEMBER 25, 2007
The Council of the City of Fulton, Missouri, met in regular session and held four (4) Public Hearings on Tuesday, September 25, 2007, 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 6:30 p.m. Roll call was taken by the City Clerk and members of the council present were Benton; Bill; Chailland; Digh; Gohring; Harris; Moore; and Pautz. Also present were Matt Harline, Assistant to the Director of Administration; Darrell Dunlap, Superintendent of Utilities; Les Hudson, Code Enforcement Officer; Dean Buffington, Fire Chief; Kathy Holschlag, Interim Chief Financial Officer; Greg Hayes, City Engineer; J. C. Miller, Solid Waste Manager; Sherri Redmon, Human Resource Director; Sharon Cleveland, Purchasing Agent; Beverly Adams; Faith Adams; Jackie Frost; Kelly DeLeal; James Atterberry; Susasn Krumm; Rodney Latty; Gary Teel; Robin Teel; William Branch; Janet Branch; Greg Dungan; Linda Partington; Walter Neumann; Nancy Clardy; Karen Steinbeck; Susan Gilmore; James McDonald; Arlene Jackson; Kent Glover; Craig Oliver; Laura Ward; Jackie Lowe; Kevin Voelker; Doug Harris; Katherine Cummins, 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 HEARINGS:
There were four (4) hearings held at this council meeting.
HEARING ONE:
The purpose of this hearing is to consider the proposed abandonment, by the City of Fulton, of Myrtle Street and a nineteen foot platted alley located between Myrtle and North Bluff Streets, with the city retaining easements for all utilities at these locations.
This hearing was declared open at 6:32 p.m.
There were three calls issued 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.
There were three calls issued for anyone wishing to speak IN FAVOR of the matter being considered.
First Call:
Arlene Jackson, 211 E. 14th Street, requested the city abandoned Myrtle Street and the alleyway for protection of the residential property.
Second Call: There were none.
Third Call: There were none.
This Public Hearing was declared closed at 6:35 p.m.
HEARING TWO:
To consider the proposed re-zoning of a tract of land known as 609 Jefferson Street from its present zoning of R-2 Residential to C-1 Commercial.
This hearing was declared open at 6:36 p.m.
There were three calls issued for anyone wishing to speak IN OPPOSITION of the matter being considered.
First Call:
Les Hudson, Planning & Protective Admin., said that Engineering had done some research and found that this piece of property is contiguous to an already zoned C-1 property. Therefore, it could not be considered spot-zoning.
Laura Ward, 609 W. 7th Street, said their neighborhood was a residential area and in an historic district. She added that the downtown area and the north and south end of town is commercial, let Faith Adams locate her business in one of those areas.
Second Call: There were none.
Third Call: There were none.
There were three calls issued for anyone wishing to speak IN FAVOR of the matter being considered.
First Call:
Faith Adams, 609 Jefferson Street, distributed a hand-out showing a petition and her reasons for wanting to re-zone and locate a business within her home.
Second Call: Jackie Frost, 607 Jefferson said he is in support of this proposed re-zoning.
Third Call: Beverly Adams, lives out of Fulton's city limits but she is in support of this proposed re-zoning and thinks it would be an asset to the neighborhood.
This Public Hearing was declared closed at 6:52 p.m.
THIRD HEARING:
To consider the proposed re-zoning of a tract of land known as 820 Jefferson Street from its present zoning of R-2 Residential to R-3 Residential.
This hearing was declared open at 6:53 p.m.
There were three calls issued 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.
There were three calls issued for anyone wishing to speak IN FAVOR of the matter being considered.
First Call: There were none.
Second Call: There were none.
Third Call: There were none.
This Public Hearing was declared closed at 6:54 p.m.
FOURTH HEARING:
To consider the proposed re-zoning of eleven (11) tracts of land known as listed below from their present zoning of R-3 Residential to R-1 Residential.
1917 Lake Drive, Fulton, Missouri
1933 Lake Drive, Fulton, Missouri
1913 Lake Drive, Fulton, Missouri
1918 Lake Drive, Fulton, Missouri
1919 Lake Drive, Fulton, Missouri
1922 Lake Drive, Fulton, Missouri
1925 Lake Drive, Fulton, Missouri
1926 Lake Drive, Fulton, Missouri
1929 Lake Drive, Fulton, Missouri
1930 Lake Drive, Fulton, Missouri
1914 Lake Drive, Fulton, Missouri
The hearing was declared open at 6:55 p.m.
There were three calls issued 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.
There were three calls issued for anyone wishing to speak IN FAVOR of the matter being considered.
First Call:
Janet Branch, 1933 Lake Drive, spoke for herself and stated she was in favor of the proposed re-zoning.
Janet Latty, 1903 Lake Drive, said she spoke for herself and the entire neighborhood that they supported the proposed re-zoning.
Karen Steinbeck, 1926 Lake Drive, said she spoke for herself and the entire neighborhood that they supported the proposed re-zoning.
Second Call:
Walter Neumann, 1919 Lake Drive, said he spoke for himself and the entire neighborhood that they supported the proposed re-zoning.
Gary Teel, 1917 Lake Drive, said he spoke for himself and the entire neighborhood that they supported the proposed re-zoning.
Greg Dungan, 1930 Lake Drive, said he spoke for himself and the entire neighborhood that they supported the proposed re-zoning.
Linda Partington, 1929 Lake Drive, said she spoke for herself and the entire neighborhood that they supported the proposed re-zoning.
Susan Gilmore, 1918 Lake Drive, said she spoke for herself and the entire neighborhood that they supported the proposed re-zoning.
Third Call: There were none.
This Public Hearing was declared closed at 7:03 p.m.
MINUTES:
The council meeting minutes for August 28, 2007 were presented for approval.
Motion was offered by Councilwoman Chailland and seconded by Councilman Pautz that council meeting minutes for August 28, 2007 be approved as presented. Motion carried with all eight members of the council voting in favor.
FINANCIALS:
The Financials for the month of August 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.
After some discussion and review, motion was offered by Councilman Harris and seconded by Councilman Pautz that Financials for August 2007 be approved as presented. Motion carried with all eight members of the council voting in favor.
DIRECTOR OF ADMINISTRATION REPORT FOR AUGUST:
The Director of Administration Report for August 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 as to abandoned vehicles; progress on the roof of the fire station; and an update on the Nichols Street Parking Lot; motion was offered by Councilman Harris and seconded by Councilwoman Digh to accept the Director of Administration Report for the month of August as presented. Motion carried with all eight members of the council voting in favor.
OLD BUSINESS:
Bill Johnson said he and Mayor Latham met with the Fulton School Superintendent to discuss parking on Industrial Drive during home high school football games. They would like permission to allow parking east of Hornet Drive on both sides of Industrial Drive.
After some discussion, motion was offered by Councilwoman Chailland and seconded by Councilman Moore to allow a variance on the No Parking Ordinance, east of Hornet Drive on both sides of Industrial Drive, as long as the vehicles remain entirely off the roadway, at home high school football games for this season only, and then re-evaluate next year. Motion carried with all eight members of the council voting in favor.
NEW BUSINESS:
a)Discussion and approval needed for Fulton High School Homecoming Parade Route on Friday, September 28, 2007 at 4:30 p.m.
Motion was offered by Councilman Harris and seconded by Councilman Pautz to approve this request as presented. Motion carried with all eight members of the council voting in favor.
b)Discussion and approval needed for the First Christian Church
Annual Fall Festival on Saturday, September 29, 2007.
Motion was offered by Councilman Moore and seconded by Councilman Pautz to approve this request. Motion carried with all eight members of the council voting in favor.
c)Discussion on the request from the Callaway Senior Center for the payment of their utilities.
The council noted they had previously approved $10,000 to be given to the Senior Center last year.
After much discussion, motion was offered by Councilman Pautz and seconded by Councilman Bill to decline this request from the Callaway Senior Center for the payment of their utilities. Motion carried with all eight members of the council voting against.
d)Update from LeRoy Benton, council liaison, on the Utility Board meeting held on Monday, September 24th.
The board reviewed and approved the board minutes; reviewed and accepted the Utility Financial Statements for August; reviewed and accepted the Utility Department's Monthly Report and the
Superintendent of Utilities Report.
Darrell reported that on October 1st is the ground breaking for the Prairie State facility. This would be a day trip and anyone wishing to attend should contact he or Bill Johnson.
Darrell said the natural gas prices are locked in for the rest of 2007 and January price is $8.19 per unit.
Electric prices are locked in for the rest of 2007 at $42 - $52.
The board reviewed, discussed and made their recommendation of approval of the proposed 2008 budget to the council.
e)Update from Tom Harris, council liaison, on the Historic Preservation Commission Meeting held on Tuesday, September 18th.
The commission decided to draft a letter to the proposed list of persons, inviting them to become advisory members of this commission and included a draft of the proposed policy.
The commission discussed ideas on how to make beautification to the downtown area from Highway Business 54.
Mayor Latham recessed the council at 7:35 p.m. and the council reconvened at 7:46 p.m.
RESOLUTIONS:
Resolution 2883 was presented and read by Councilman Bill.
Resolution 2883 - A Resolution Authorizing the Mayor, on behalf of the C.O.F., to enter into an Agreement with the MO Highways & Transportation Commission for the Second Street Bridge Replacement Project (Copy is included in the official Resolution Book).
Motion was offered by Councilman Bill and seconded by Councilman Moore to adopt Resolution 2883 at this council meeting. Motion carried with all eight members of the council voting in favor.
Resolution 2884 was presented and read by Councilman Benton.
Resolution 2884 - A Resolution whereas the C.O.F., has been informed by Zimmerman Properties, LLC, that a housing tax credit application will be filed with the MO Housing Development Commission for the redevelopment of an affordable rental housing community, Callaway Village Apartments Phase II, to be located adjacent to 546 Amerihost Drive, Fulton, Mo (Copy is included in the official Resolution Book).
Motion was offered by Councilman Benton and seconded by Councilwoman Digh to adopt Resolution 2884 at this council meeting. Motion carried with all eight members of the council voting in favor.
Resolution 2885 was presented and read by Councilman Pautz.
Motion was offered by Councilman Harris and seconded by Councilman Moore to have the bid for the Wastewater Building Construction to select the 60 X 100 - 6000 square feet for a total of $160,500.00 Motion carried with all eight members of the council voting in favor.
Resolution 2885 - A Resolution authorizing the Mayor, on behalf of the C.O.F., to enter into a Contract with Glove-Con, Inc., for the 2007 Wastewater Building Construction (Copy is included in the official Resolution Book).
Motion was offered by Councilman Pautz and seconded by Councilman Moore to adopt Resolution 2885 at this council meeting. Motion carried with all eight members of the council voting in favor.
Resolution 2886 was presented and read by Councilman Moore.
Motion was offered by Councilman Pautz and seconded by Councilwoman Gohring to have the bid for the 2007 Water Main Project by selecting the main bid price of $72,400 and to accept the alternate bid of $71,905 for a total contract price of $144,305.
Resolution 2886 - A Resolution authorizing the Mayor, on behalf of the C.O.F., to execute a contract with Kevin Rackers Excavating, LLC., New Bloomfield, MO., for the construction of the 2007 Water Main Project (Copy is included in the official Resolution Book).
Motion was offered by Councilman Moore and seconded by Councilwoman Digh to adopt Resolution 2886 at this council meeting. Motion carried with all eight members of the council voting in favor.
Resolution 2887 was presented and read by Councilman Harris.
Resolution 2887 - A Resolution authorizing the Mayor, on behalf of the C.O.F., to execute an Agreement with J & R Engineering LLC., Riverside, MO., to perform certain consulting and maintenance services in regard to proper lighting of the airfield and surrounding areas of the Elton Hensley Memorial Airport (Copy is included in the official Resolution Book).
Motion was offered by Councilman Harris and seconded by Councilman Moore to adopt Resolution 2887 at this council meeting. Motion carried with all eight members of the council voting in favor.
ORDINANCES:
Bill No. 1208 was presented and read for the first time by Councilwoman Chailland.
Bill No. 1208 - An Ordinance Vacating the right-of-way for the unimproved Myrtle Street located South of Highway Z and also that portion of an East/West Alley located at the South end of Myrtle Street from the East right-of-way of Myrtle Street to the East right-of-way of Business Highway 54 within the C.O.F., and establishing an effective date.
Motion was offered by Councilwoman Chailland and seconded by Councilman Bill to place Bill No. 1208 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) voting against.
Bill No. 1209 was presented and read for the first time by Councilwoman Gohring.
Bill No. 1209 - An Ordinance repealing Chapter 18 Buildings & Building Regulations of the Code of the C.O.F. in its' entirety and enacting a new Chapter 18 Buildings & Building Regulations, and establishing an effective date.
Motion was offered by Councilwoman Gohring and seconded by Councilman Pautz to place Bill No. 1209 for second reading at the next regularly scheduled council meeting. Motion carried with all eight members of the council voting in favor.
Bill No. 1210 was presented and read for the first time by Councilman Benton.
Councilwoman Digh asked the council for permission to abstain from voting on Bill 1210 since her residence was in this neighborhood. A motion was offered by Councilman Pautz and seconded by Councilwoman Chailland to allow Councilwoman Digh to abstain from voting on Bill No. 1210. Motion carried with seven members of the council voting in favor and one member (Digh) abstaining.
Bill No. 1210 - An Ordinance re-classifying under the zoning ordinance certain land known as 609 Jefferson Street, Fulton, MO., from its present zoning designation of R-2 Residential to C-1 Commercial.
Motion was offered by Councilman Benton and seconded by Councilman Pautz to place Bill No. 1209 for second reading at the next regularly scheduled council meeting. Motion carried with four members of the council voting in favor, three members (Chailland, Moore and Pautz) voting against, and one member (Digh) abstaining.
Bill No. 1211 was presented for first reading by Councilwoman Chailland.
Bill No. 1211 - An Ordinance re-classifying under the zoning ordinance certain land known as 820 Jefferson Street, Fulton, MO., from its present zoning designation of R-2 Residential to R-3 Residential.
Motion was offered by Councilwoman Chailland and seconded by Councilman Harris to place Bill No. 1211 for second reading at the next regularly scheduled council meeting. Motion carried with seven members of the council voting in favor and one member (Moore) voting against.
Bill No. 1212 was presented for first reading by Councilwoman Gohring.
Bill No. 1212 - An Ordinance re-classifying under the zoning ordinance certain land known as 1917 Lake Drive, Fulton, MO., from its present zoning designation of R-3 Residential to R-1 Residential.
Motion was offered by Councilwoman Gohring and seconded by Councilman Pautz to place Bill No. 1212 for second reading at the next regularly scheduled council meeting. Motion carried with seven members of the council voting in favor and one member (Moore) voting against.
Bill No. 1213 was presented for first reading by Councilman Bill.
Bill No. 1213 - An Ordinance re-classifying under the zoning ordinance certain land known as 1933 Lake Drive, Fulton, MO., from its present zoning designation of R-3 Residential to R-1 Residential.
Motion was offered by Councilman Bill and seconded by Councilwoman Digh to place Bill No. 1213 for second reading at the next regularly scheduled council meeting. Motion carried with seven members of the council voting in favor and one member (Moore) voting against.
Bill No. 1214 was presented for first reading by Councilman Pautz.
Bill No. 1214 - An Ordinance re-classifying under the zoning ordinance certain land known as 1913 Lake Drive, Fulton, MO., from its present zoning designation of R-3 Residential to R-1 Residential.
Motion was offered by Councilman Pautz and seconded by Councilwoman Chailland to place Bill No. 1214 for second reading at the next regularly scheduled council meeting. Motion carried with seven members of the council voting in favor and one member (Moore) voting against.
Bill No. 1215 was presented for first reading by Councilwoman Digh.
Bill No. 1215 - An Ordinance re-classifying under the zoning ordinance certain land known as 1918 Lake Drive, Fulton, MO., from its present zoning designation of R-3 Residential to R-1 Residential.
Motion was offered by Councilwoman Digh and seconded by Councilman Pautz to place Bill No. 1215 for second reading at the next regularly scheduled council meeting. Motion carried with seven members of the council voting in favor and one member (Moore) voting against.
Bill No. 1216 was presented for first reading by Councilman Moore.
Bill No. 1216 - An Ordinance re-classifying under the zoning ordinance certain land known as 1919 Lake Drive, Fulton, MO., from its present zoning designation of R-3 Residential to R-1 Residential.
Motion was offered by Councilman Moore and seconded by Councilman Pautz to place Bill No. 1216 for second reading at the next regularly scheduled council meeting. Motion carried with seven members of the council voting in favor and one member (Moore) voting against.
Bill No. 1217 was presented for first reading by Councilman Harris.
Bill No. 1217 - An Ordinance re-classifying under the zoning ordinance certain land known as 1922 Lake Drive, Fulton, MO., from its present zoning designation of R-3 Residential to R-1 Residential.
Motion was offered by Councilman Harris and seconded by Councilman Pautz to place Bill No. 1217 for second reading at the next regularly scheduled council meeting. Motion carried with seven members of the council voting in favor and one member (Moore) voting against.
Bill No. 1218 was presented for first reading by Councilman Benton.
Bill No. 1218 - An Ordinance re-classifying under the zoning ordinance certain land known as 1925 Lake Drive, Fulton, MO., from its present zoning designation of R-3 Residential to R-1 Residential.
Motion was offered by Councilman Benton and seconded by Councilwoman Chailland to place Bill No. 1218 for second reading at the next regularly scheduled council meeting. Motion carried with seven members of the council voting in favor and one member (Moore) voting against.
Bill No. 1219 was presented for first reading by Councilwoman Chailland.
Bill No. 1219 - An Ordinance re-classifying under the zoning ordinance certain land known as 1926 Lake Drive, Fulton, MO., from its present zoning designation of R-3 Residential to R-1 Residential.
Motion was offered by Councilwoman Chailland and seconded by Councilwoman Digh to place Bill No. 1219 for second reading at the next regularly scheduled council meeting. Motion carried with seven members of the council voting in favor and one member (Moore) voting against.
Bill No. 1220 was presented for first reading by Councilwoman Gohring.
Bill No. 1220 - An Ordinance re-classifying under the zoning ordinance certain land known as 1929 Lake Drive, Fulton, MO., from its present zoning designation of R-3 Residential to R-1 Residential.
Motion was offered by Councilwoman Gohring and seconded by Councilman Bill to place Bill No. 1220 for second reading at the next regularly scheduled council meeting. Motion carried with seven members of the council voting in favor and one member (Moore) voting against.
Bill No. 1221 was presented for first reading by Councilman Bill.
Bill No. 1221 - An Ordinance re-classifying under the zoning ordinance certain land known as 1930 Lake Drive, Fulton, MO., from its present zoning designation of R-3 Residential to R-1 Residential.
Motion was offered by Councilman Bill and seconded by Councilman Benton to place Bill No. 1221 for second reading at the next regularly scheduled council meeting. Motion carried with seven members of the council voting in favor and one member (Moore) voting against.
Bill No. 1222 was presented for first reading by Councilman Pautz.
Bill No. 1222 - An Ordinance re-classifying under the zoning ordinance certain land known as 1914 Lake Drive, Fulton, MO., from its present zoning designation of R-3 Residential to R-1 Residential.
Motion was offered by Councilman Pautz and seconded by Councilwoman Digh to place Bill No. 1222 for second reading at the next regularly scheduled council meeting. Motion carried with seven members of the council voting in favor and one member (Moore) voting against.
Bill No. 1206 was presented for second reading by Councilman Harris.
Bill No. 1206 - An Ordinance Fixing the Tax Rate and Levying Taxes for the Calendar Year 2007, on all Taxable Property in the city and establishing 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. 1206 for third reading at this council meeting. Motion carried with all eight members of the council voting in favor.
Bill No. 1206 was read for the third time by Councilman Harris.
Motion was offered by Councilman Harris and seconded by Councilman Moore to place Bill No. 1206 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; Digh, yes; Gohring, yes; Harris, yes; Moore, yes; Pautz, yes; and Benton, yes. Bill No. 1206 having received the affirmative vote of all eight members of the council was declared passed by the President of the council.
Bill No. 1207 was presented for second reading by Councilman Moore.
Bill No. 1207 - An Ordinance Authorizing the Establishment of an Impact Fee for Connecting to a Sewer Main Constructed as the Northwest Sanitary Sewer Improvement Project (Copy is included in the official Ordinance Book).
Motion was offered by Councilman Moore and seconded by Councilman Pautz to place Bill No. 1207 for third reading at this council meeting. Motion carried with all eight members of the council voting in favor.
Bill No. 1207 was read for the third time by Councilman Moore.
Motion was offered by Councilman Moore and seconded by Councilman Pautz to place Bill No. 1207 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; Digh, yes; Gohring, yes; Harris, yes; Moore, yes; Pautz, yes; Benton, yes; and Bill, yes. Bill No. 1207 having received the affirmative vote of all eight members of the council was declared passed by the President of the council.
APPOINTMENTS:
There were no appointments to be presented to the council at this council meeting.
ANNOUNCEMENTS:
There were no announcements to be made at this council meeting.
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 Councilwoman Chailland and seconded by Councilwoman Digh to adjourn this meeting. Motion carried with all eight members of the council voting in favor and the meeting adjourned at 8:47 p.m.
Charles M. Latham, Mayor
Carolyn L. Laswell, CMC/MRCC
City Clerk