CITY COUNCIL MINUTES
OCTOBER 9, 2007
The Council of the City of Fulton, Missouri, met in regular session on Tuesday, October 9th, 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; Digh; Gohring; Harris; Moore and Pautz. Absent was councilmember Chailland. Also present were Matt Harline, Assistant to the Director of Administration; Clay Caswell, Parks & Recreation Director; Les Hudson, Code Enforcement Officer; Dean Buffington, 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; Nancy Lewis; Craig Oliver; Bernice Oliver; Cathy McGeorge; Jim Dodson; Florence Krause; Jan Harrison; Karen Digh; Jackie Lowe; Faith Adams; Kevin Voelker; Janet Branch; Donna Neumann; Walter Neumann; Karen Steinbeck; Susan Gilmore; Molly G. Powell; Beverly Adams; Laura Ward; 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.
Karen Digh, #6 Ivy Lane, re-stated her wishes that the City of Fulton abandon Myrtle Street and the alleyway.
Laura Ward, W. 7th Street, spoke on behalf of the citizens in the historic Robertson District by saying they oppose this re-zoning. There are plenty of other locations in the downtown area and on the north and south ends of Fulton to place her business.
Florence Krause, 211 W. 7th Street, said they have worked hard to become an identified historic district and this proposed re-zoning would detract from their historic neighborhood.
Kevin Voelker, 200 W. 7th Street, said he was opposed to this re-zoning as the owners would lose their property value. He felt that 609 Jefferson property has continued to be junky looking and he felt that was not going to change. He also opposed placing a customer parking lot in the front yard.
Jackie Lowe, 203 W. 7th Street, opposed the re-zoning.
Craig Oliver, 210 W. 7th Street, asked why the west side of Jefferson is zoned commercial.
Beverly Adams, stated she was in support of Faith Adams and the proposed re-zoning.
Mayor Latham presented a Proclamation of Appreciation to Joyce Epperson for her ten years of service on the Fulton Housing Authority Board.
SUBJECTS OF DISCUSSION:
a) Discussion and approval needed on the request from Gary and Molly Powell to hold the first annual Callaway County Motorcycle Community Toy Run Parade on Saturday, November 10, 2007.
Molly Powell was present to answer any questions from the council. After some discussion, motion was offered by Councilman Moore and seconded by Councilwoman Digh to grant approval for this request. Motion carried with seven members of the council voting in favor and one member (Chailland) absent.
b) Prairie State Update.
Darrell Dunlap, Superintendent of Utilities, addressed the letter from the Electric Commission that was included in the council packet. He showed a short video concerning the electric generating plant.
RESOLUTIONS:
Resolution 2888 was presented and read by Councilman Benton.
Resolution 2888 - A Resolution Authorizing the Mayor, on behalf of the C.O.F., to enter into an Agreement with the Interstate Municipal Gas Agency (IMGA), a Municipal Natural Gas Agency, to provide service for Bill Check Service (Copy is included in the official Resolution Book).
Motion was offered by Councilman Benton and seconded by Councilman Moore to adopt Resolution 2888 at tonight's council meeting. Motion carried with seven members of the council voting in favor and one member (Chailland) absent.
ORDINANCES:
Bill No. 1223 was presented and read for the first time by Councilwoman Gohring.
After some discussion as to whether or not the council should assign a percentage of the settlement proceeds to the Missouri Municipal League, motion was offered by Councilman Bill and seconded by Councilman Benton to Amend Bill No. 1223 by omitting the verbiage of assigning a percentage of the settlement proceeds to MML. Motion carried with seven members of the council voting in favor and one member (Chailland) absent.
Bill No. 1223 AS AMENDED - An Ordinance Approving a Settlement Agreement with Verizon Wireless & Assigning a Percentage of the Settlement Proceeds to the Missouri Municipal League.
Motion was offered by Councilwoman Gohring and seconded by Councilman Bill that Bill No. 1223 As Amended 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 (Chailland) absent.
Bill No. 1224 was presented for and read for the first time by Councilwoman Digh.
After some discussion as to whether to add to this proposed bill that a hard surfacing requirement be city-wide, within the zoning requirements, and that this hard surface must be made concrete, asphalt or gravel.
Motion was offered by Councilwoman Digh and seconded by Councilman Pautz to amend Bill No. 1224 to include the wording of the hard surfacing requirement. Motion carried with seven members of the council voting in favor and one member (Chailland) absent.
Bill No. 1224 - An Ordinance Amending Appendix A-Zoning of the Fulton City Code by Adding a Requirement for Hard Surfacing for new and used car sales lots to Sec. 4. Use Regulations (4) C-1 Central Business District, and Establishing an Effective Date.
Motion was offered by Councilwoman Digh and seconded by Councilman Pautz that Bill No. 1224 As Amended 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 (Chailland) absent.
Bill No. 1208 was read for the second time by Councilman Moore in the absence of 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.
Councilman Bill suggested waiting on this issue until Walgreen's is finished before vacating Myrtle Street and the alleyway as proposed in Bill No. 1208. Much discussion followed.
Motion was offered by Councilman Moore and seconded by Councilwoman Digh that Bill No. 1208 be placed for third reading at the next regularly scheduled council meeting. Motion carried with four members of the council voting in favor, three members (Pautz, Harris, and Gohring) voting against and one member (Chailland) absent.
Bill No. 1209 was read for the second 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 that Bill No. 1209 be placed for third reading at the next regularly scheduled council meeting. Motion carried with seven members of the council voting in favor and one member (Chailland) absent.
Bill No. 1210 was to be read for the second time by Councilman Benton.
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.
Upon much discussion motion was offered by Councilman Benton and seconded by Councilman Pautz to table Bill No. 1210 until the next regularly scheduled council meeting. Motion carried with seven members of the council voting in favor and one member (Chailland) absent.
Bill No. 1211 was read for the second time by Councilman Pautz in place of 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 Councilman Pautz and seconded by Councilman Moore to place Bill No. 1211 for third reading at the next regularly scheduled council meeting. Motion carried with seven members of the council voting in favor and one member (Chailland) absent.
Bill No. 1212 was read for the second time 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 Bill to place Bill No. 1212 for third reading at the next regularly scheduled council meeting. Motion carried with seven members of the council voting in favor and one member (Chailland) absent.
Bill No. 1213 was read for the second time 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 Councilman Harris to place Bill No. 1213 for third reading at the next regularly scheduled council meeting. Motion carried with seven members of the council voting in favor and one member (Chailland) absent.
Bill No. 1214 was read for the second time 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 Councilman Moore to place Bill No. 1214 for third reading at the next regularly scheduled council meeting. Motion carried with seven members of the council voting in favor and one member (Chailland) absent.
Bill No. 1215 was read for the second time 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 third reading at the next regularly scheduled council meeting. Motion carried with seven members of the council voting in favor and one member (Chailland) absent.
Bill No. 1216 was read for the second time 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 Harris to place Bill No. 1216 for third reading at the next regularly scheduled council meeting. Motion carried with seven members of the council voting in favor and one member (Chailland) absent.
Bill No. 1217 was read for the second time 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 third reading at the next regularly scheduled council meeting. Motion carried with seven members of the council voting in favor and one member (Chailland) absent.
Bill No. 1218 was read for the second time 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 Councilman Pautz to place Bill No. 1218 for third reading at the next regularly scheduled council meeting. Motion carried with seven members of the council voting in favor and one member (Chailland) absent.
Bill No. 1219 was read for the second time by Councilman Bill in place of 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 Councilman Bill and seconded by Councilwoman Gohring to place Bill No. 1219 for third reading at the next regularly scheduled council meeting. Motion carried with seven members of the council voting in favor and one member (Chailland) absent.
Bill No. 1220 was read for the second time 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 Harris to place Bill No. 1220 for third reading at the next regularly scheduled council meeting. Motion carried with seven members of the council voting in favor and one member (Chailland) absent.
Bill No. 1221 was read for the second time 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 Moore to place Bill No. 1221 for third reading at the next regularly scheduled council meeting. Motion carried with seven members of the council voting in favor and one member (Chailland) absent.
Bill No. 1222 was read for the second time 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 Councilman Moore to place Bill No. 1222 for third reading at the next regularly scheduled council meeting. Motion carried with seven members of the council voting in favor and one member (Chailland) absent.
APPOINTMENTS:
There were no appointments to be presented at this council meeting.
ANNOUNCEMENTS:
Councilman Moore suggested that $2,500 be given to the Senior Center out of the council's discretionary fund. Much discussion followed.
Councilman Benton suggested looking into the concept of solar panels whereby the city can buy back power. He read an article in a power magazine that the City of Austin, Texas is working on this idea.
Darrell Dunlap said he would contact the City of Austin for specifics and estimated costs on solar panels.
The council did not make any final decision on Councilman Moore's suggestions of the money being given to the Senior Center at this meeting.
Motion was offered by Councilman Moore and seconded by Councilman Harris to take $500 out of the council's discretionary fund to be given to the Human Rights Commission to sponsor the "Celia the Slave" ceremony to be held in December, pending the Human Rights Commission wishes. Motion carried with seven members of the council voting in favor and one member (Chailland) absent.
Mayor Latham noted that once again a representative from the Fulton Sun was not present at this council meeting.
EXECUTIVE SESSION:
There was a need for an executive session at this council meeting pursuant to Section 610.021 of the Missouri State Statutes under
the following:
c) To discuss or deal with lease, purchase or sale of real estate.
Motion to enter Executive Session was offered by Councilman Pautz and seconded by Councilwoman Digh. Motion carried with seven members of the council voting in favor and one member (Chailland) absent.
Roll call to enter Executive Session was read as follows: Bill, yes; Digh, yes; Gohring, yes; Harris, yes; Moore, yes; Pautz, yes; and Benton, yes.
The council entered Executive Session at 8:59 p.m.
Motion to exit Executive Session was offered by Councilman Pautz and seconded by Councilwoman Digh. Motion carried with seven members of the council voting in favor and one member (Chailland) absent.
Roll call to exit Executive Session was read as follows: Digh, yes; Gohring, yes; Harris, yes; Moore, yes; Pautz, yes; Benton; yes; and Bill, yes.
The council exited Executive Session at 9:09 p.m.
ADJOURNMENT:
There being no further business to come before the council, motion was offered by Councilman Pautz and seconded by Councilwoman Gohring to adjourn this meeting. Motion carried with seven members of the council voting in favor, one member (Chailland) absent, and the meeting adjourned at 9:10 p.m.
Charles M. Latham, Mayor
Carolyn L. Laswell, CMC/MRCC
City Clerk