CITY COUNCIL MINUTES
October 10, 2006
The Council of the City of Fulton, Missouri, met in regular session and held four (4) Public Hearings on Tuesday, October 10th, 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; Bill; Chailland; Gohring; Harris; McCall; Moore and Wilkinson. Also present were 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; Dean Buffington, Fire Chief; Sharon Cleveland, Purchasing Agent; Greg Hayes, City Engineer; J. C. Miller, Solid Waste Manager; Carmolee Grnick; Clarissa Gooch; June O'Neal; Sue Detienne; Dave Kern; Jan Kern; Gerald P. Hill, III; Thomas O'Donnell; Sam Guth; Cathy Guth; Diana Denise Bawadi; R.C. Fessler; Arlene Jackson; Ned Digh; Esther Digh; Bill Ernst; Jim Clark; Brandon Harp; Tom Terril; Brian Mahieu; David White; Chris Wilson; Rhonda Fletcher; Mitch Fletcher; Karen Digh; John Harrison; Doug Harris; Susan Anderson; Charlie Roe; Cindy Tanner; Mike Tanner; Jim Dodson; Steve C. Smith; Mark Sommerhauser, reporter, for THE FULTON SUN; Jeremy Polston and Justin Dean, 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. There were none.
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 6:32 p.m.
There were three calls issued for anyone wishing to speak IN OPPOSITION of the matter being considered.
First Call: Sam Guth, 1400 North Bluff Street, said he was the City landowner on the south end of the property being considered for rezoning. The storm drains planned are not adequate and all the water drain off would affect his property. This proposed action infringes on his rights as a property owner.
Second Call: Arlene Jackson, 211 E. 14th Street, noted a correction to the Planning and Zoning notes that were given to her by the Deputy Clerk.
Karen Digh, #6 Ivy Lane, distributed copies of the petition against the proposed rezoning. She said the City is asking for spot zoning. She spoke out against proper storm drainage, and that the developer never met with the surrounding property owners...why? She accused the mayor of harassing her after the last Planning and Zoning meeting.
Third Call: Thomas O'Donnell, #5 Ivy Lane, is against Walgreens as they are an outside company. He accused the administration and the council of not being honest with the property owners.
There were three calls issued for anyone wishing to speak IN FAVOR of the matter being considered.
First Call: Brandon Harper, developer for the Blackstone Group described the proposed plan of building the Walgreens store. It will consist of 14,820 square feet, single story structure, highway access with two driveway, on Highway Z and Business 54 North.
Second Call: Tom Terril, St. Louis, Management member of the Blackstone Group addressed the council. Mexico, Missouri has built a new store and it will be opening soon. Walgreens will buy this said property and the building itself from Blackburn after it is built.
Third Call: Steve C. Smith, said he would like to have a drug store with services available at later evening hours. He is disabled, and he and other Fulton disabled residents need emergency services and Walgreens would be good for Fulton.
This Public Hearing declared closed at 8:10 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 8:11 p.m.
There were three calls issued for anyone wishing to speak IN OPPOSITION of the matter being considered.
First Call: San Guff, 1400 North Bluff, said he made numerous calls to Walgreens and they never returned his calls. He showed a zoning map of Fulton showing more R-1 in Fulton than C-2.
Second Call: Sue Detienne, #2 Ivy Lane, said she needs to see a more definite plan and she hopes the council's mind is not already made up. She has a petition of 108 persons signing against this rezoning.
Third Call: Arlene Jackson, 211 E. 14th Street, asked the council to vote down a C-2 and ask for a C-3 rezoning.
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 8:25 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 8:26 p.m.
There will be three calls issued for anyone wishing to speak IN OPPOSITION of the matter being considered.
First Call: Rhonda Fletcher; #1 Ivy Lane, is against the C-2 proposed rezoning.
Second Call: There were none.
Third Call: Arlene Jackson, 211 E. 14th Street, said that on the website, there is an estate committee that acts as a head hunter. Has the Walgreens committee approved of this proposed plan?
There will now be 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 8:29 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 8:30 p.m.
There will be three calls issued for anyone wishing to speak IN OPPOSITION of the matter being considered.
First Call: Karen Digh, #6 Ivy Lane, Same question as in the previous Hearing #1.
Second Call: Arlene Jackson, 211 E. 14th Street, does not want their residential neighborhood rezoned to C-2.
Third Call: Doug Harris, 219 E. 14th Street, has dissatisfaction with the city administration as they do what they want.
Mitch Fletcher, #1 Ivy Lane, the proposed Walgreens is to be built four to six feet above Business 54 North. If flooded, the citizens of Fulton will pay for it. He asked the city to do some studies and enforce the city standards on Walgreens.
There will now be three calls issued for anyone wishing to speak IN FAVOR of the matter being considered.
First Call: Tom Terril, insured that the Walgreens committee has approved this proposed site plan.
Second Call: Royce Anderson, 836 Grand, and owner of some property to be rezoned, said now is the time for this property to be zoned commercial. The construction of Wal-Mart has changed North Bluff forever as far as commercially. Planning & Zoning has made their recommendation to the council to approve the C-2 rezoning for Walgreens. They are a top-notch company and they seeked out Fulton not Fulton looking for Walgreens. Royce Anderson distributed a visual aid with pictures of Myrtle Street, and the alleyway, and re-stated that Walgreens coming to Fulton is a betterment for this community.
Third Call: There were none.
This Public Hearing was declared closed at 8:52 p.m.
SUBJECTS OF DISCUSSION:
Mayor Craghead said there is a need to amend the agenda by adding a 6. j) Discussion of the Senior Citizen's request for money for their building and a 7. c) Resolution on airport property.
Motion was offered by Councilman Moore and seconded by Councilwoman Chailland to amend the agenda per the Mayor's request. Motion carried with all eight members of the council voting in favor.
a) Presentation and discussion of the Audit.
Jane Hubbard, Chief Financial Officer introduced Steve from Williams-Keepers, LLC to the council.
He referred to the Management Letter dated December 31, 2005 and pointed out the high points of interest, with suggestions to be made by the city.
b) Matt Harline, Mid-Mo Solid Waste Management District H, will address the council.
Mr. Harline announced that J. C. Miller, Fulton Solid Waste Manager, sits on the executive board.
He discussed the Home Hazardous Waste Day which includes disposing of white goods in Fulton, on Saturday, October 21st.
He also explained some new grant application procedures.
Mayor Craghead announced a council recess at 9:14 p.m. and the council reconvened at 9:25 p.m.
c) Discussion and approval of the White Moving and Storage project.
Bill Ernst, engineer on this project presented a map showing the designated area. He said that Planning & Zoning made a recommendation to the council that this C-3 plan be approved.
Motion was offered by Councilman McCall and seconded by Councilman Bill that the council accept the C-3 Plan of White Moving and Storage as presented. Motion carried with all eight members of the council voting in favor.
d) Continuing Discussion from the last council meeting on making it mandatory to use designated Paper Yard Waste Bags.
After some discussion, motion was offered by Councilman Bill and seconded by Councilman McCall to have the cost of the bag reduced to twenty-five cents per bag by purchasing from the city, and put this in transition period throughout the fall, and in mandatory full effect in May 2007. Motion carried with all eight members of the council voting in favor.
e) Review and Discussion of the Demo/Used Refuse Truck Side Load with Cart Tipper Bid per the prior request of the council.
Bill Johnson said the proposed truck carries a two year warranty and will cost approximately $176,000.
After some discussion, motion was offered by Councilman McCall and seconded by Councilman Wilkinson that the city accept the bid of American Equipment and asked that the warranty cost be included in the original bid. Motion carried with all eight members of the council voting in favor.
f) Discussion on the Nichols Street Parking Lot.
Greg Hayes, City Engineer, distributed a map of the City of Fulton and said the city could take care of the utilities in-house but if the city bids it out, it could be an estimated cost of $275,000.
Bill Johnson said the 2006 budget has $120,000 for this project and asked the council for guidance.
Councilwoman Chailland said it will only become more expensive if the city waits, so she thought it should be a go now.
Councilman Wilkinson advised that the city get another year of financing put away before attempting this project.
After much discussion, the council would like to review this further and it will be placed on the next meeting agenda.
g) Discussion on the request received from the Chamber of Commerce asking permission to hold the Clydesdale Horses and Wagon Parade on Thursday, October 19th, from 4:00 to 6:00 p.m. and the parade route was given.
Motion was offered by Councilman Bill and seconded by Councilman McCall to grant permission to this request as presented. Motion carried with all eight members of the council voting in favor.
h) Dave Kern/Michael Tanner property utilization.
Dave Kern was present at this meeting to discuss using the 30 feet as access to his property at 301 Collier Lane. He is back at this meeting and has retained an attorney in his attempt to get the right to use this 30 feet. The Board of Adjustment has previously given him permission to build directly on the property line with no feet of side yard setback but now he would like to use this 30 feet to get to the doors of the storage units.
Michael Tanner, 211 Collier Lane said he mows this property now and would like to see it remain the same.
John Pautz, Chairman of the Board of Adjustment said that Dave Kern wants to use this property and the Board of Adjustment gave him previous permission for the setback only.
Upon much discussion, motion was offered by Councilman Bill and seconded by Councilwoman Gohring that the city abandon this thirty foot strip of property and award 15 feet to Dave Kern and 15 feet to Michael Tanner and to authorize the administration to follow the procedures in seeing this is done. Motion carried with all eight members of the council voting in favor.
i) Discussion of City Prosecuting Attorney
Bill Johnson said that Carol England has resigned as a result of wining the election of Judge, the city has received two resumes of attorneys that are interested in this position.
Mayor Craghead recommended Christopher Wilson as the attorney to serve as the city's prosecuting attorney and asked the council for approval. He will finish out the term of Carol England which is April 2007 and has agreed to run in the April election. Motion was offered by Councilman Moore and seconded by Councilman Wilkinson to approve the appointment of Christopher Wilson as the City of Fulton Prosecuting Attorney. Motion carried with all eight members of the council voting in favor. Mr. Wilson was present at the meeting and the city clerk will swear him in later this week.
j) Discussion on the Senior Citizens request for money for the construction of the Senior Center.
Bill Johnson said the council has already approved and is in the budget for $10,000 this year and $10,000 next year. The Senior Citizens need the money now for their building so they are asking for $10,000 now and that is all they will ask for.
Motion was offered by Councilman Moore and seconded by Councilman McCall to grant permission for $10,000 to be given to the Senior Citizens immediately and this would be the only contribution by the city. Motion carried with all eight members of the council voting in favor.
RESOLUTIONS:
Resolution 2842 was presented and read by Councilwoman Gohring.
Resolution 2842 - A Resolution authorizing the Mayor, on behalf of the City of Fulton, to enter into an Agreement with Insituform, Chesterfield, Missouri, to allow a group purchasing contract for services to line sewer and/or water lines (Copy is included in the official Resolution Book).
Motion was offered by Councilwoman Gohring and seconded by Councilman Bill to adopt Resolution 2842 at this council meeting. Motion carried with all eight members of the council voting in favor.
Resolution 2843 was presented and read by Councilman McCall.
Resolution 2843 - A Resolution authorizing the Mayor and City Clerk, on behalf of the City of Fulton, to sign all necessary documents to establish a banking account at Central Bank for the Fulton TIF/TDD project (Copy is included in the official Resolution Book).
Motion was offered by Councilman McCall and seconded by Councilman Moore to adopt Resolution 2843 at this council meeting. Motion carried with all eight members of the council voting in favor.
Resolution 2844 was presented and read by Councilman Benton.
Resolution 2844 - A Resolution authorizing the Mayor, on behalf of the City of Fulton, to enter into a lease agreement with Brouster Farms for lease of the agricultural land surrounding the airport for a cost of $66.00 per acre or $10,758.00 annually (Copy is included in the official Resolution Book).
Motion was offered by Councilman Benton and seconded by Councilman Moore to adopt Resolution 2844 at this council meeting. Motion carried with all eight members of the council voting in favor.
ORDINANCES:
Bill No. 1161 was presented and read for the first time by Councilman Wilkinson.
Bill No. 1161 - An Ordinance re-classifying under the Zoning Ordinance certain land in the City of Fulton, Missouri, known as 1404 Bluff Street, and establishing an effective date.
Motion was offered by Councilman Wilkinson and seconded by Councilman Bill to place Bill No. 1161 for second reading at the next regularly scheduled council meeting. Motion carried with six members of the council voting in favor and two members (Chailland and Wilkinson) voting against.
Bill 1162 was presented and read for the first time by Councilman Bill.
Bill No. 1162 - An Ordinance re-classifying under the Zoning Ordinance certain land in the City of Fulton, Missouri, known as 1406 Bluff Street, and establishing an effective date.
Motion was offered by Councilman Bill and seconded by Councilwoman Gohring to place Bill No. 1162 for second reading at the next regularly scheduled council meeting. Motion carried with six members of the council voting in favor and two members (Chailland and Wilkinson) voting against.
Bill No. 1163 was presented and read for the first time by Councilman Moore.
Bill No. 1163 - An Ordinance re-classifying under the Zoning Ordinance certain land in the City of Fulton, Missouri, known as 1408 Bluff Street, and establishing an effective date.
Motion was offered by Councilman Moore and seconded by Councilman Bill to place Bill No. 1163 for second reading at the next regularly scheduled council meeting. Motion carried with six members of the council voting in favor and two members (Chailland and Wilkinson) voting against.
Bill No. 1164 was presented and read for the first time by Councilwoman Chailland.
Bill No. 1164 - An Ordinance re-classifying under the Zoning Ordinance certain land in the City of Fulton, Missouri, known as 1410 Bluff Street, and establishing an effective date.
Motion was offered by Councilwoman Chailland and seconded by Councilman McCall to place Bill No. 1164 for second reading at the next regularly scheduled council meeting. Motion carried with six members of the council voting in favor and two members (Chailland and Wilkinson) voting against.
Bill 1165 was presented and read for the first time by Councilman Benton.
Bill No. 1165 - An Ordinance Amending Chapter 22 Business of the Fulton City Code by deleting Sec. 22-136. Levied. created by Ordinance 1136-06, and enacting a new Section 22-136. Levied, and establishing an effective date.
Motion was offered by Councilman Benton and seconded by Councilman Wilkinson to place Bill No. 1165 for second reading at the next regularly scheduled council meeting. Motion carried with all eight members of the council voting in favor.
Bill 1160 was read for the second time by Councilman Harris.
Bill 1160 - An Ordinance calling for a Special Election in the City of Fulton, Missouri, for the purpose of submitting to the qualified voters of Fulton the Question of Whether to Impose a Sales Tax of one-half of one percent (1/2 of 1%) for Storm Water Control and Local Parks (Copy is included in the official Ordinance Book).
Motion was offered by Councilman Harris and seconded by Councilman Moore to place Bill No. 1160 for third reading at this council meeting. Motion carried with seven members of the council voting in favor and one member (Chailland) voting against.
Bill 1160 was read for the third time by Councilman Harris.
Motion was offered by Councilman Harris and seconded by Councilman Moore to place Bill No. 1160 for final passage at this council meeting. Motion carried with seven members of the council voting in favor and one member (Chailland) voting against.
Roll call vote of members of the council was as follows: Chailland, no; Gohring, yes; Harris, yes; McCall, yes; Moore, yes; Wilkinson, yes; Benton, yes; and Bill, yes. Bill No. 1160 having received the affirmative vote of seven members of the council and one member (Chailland) voting against, was declared passed by the President.
APPOINTMENTS:
Mayor Craghead stated there were no new appointments to be presented at tonight's council meeting.
ANNOUNCEMENTS:
No announcements were made at this council meeting.
EXECUTIVE SESSION:
Mayor Craghead said there was a need for an executive session at this council meeting for the purpose of:
c) To discuss or deal with lease, purchase or sale of real estate.
There will be no announcements made in open session afterwards.
Motion to enter Executive Session was offered by Councilman McCall and seconded by Councilman Wilkinson. Motion carried with all eight members of the council voting in favor.
The council entered Executive Session at 10:45 p.m.
Motion to exit Executive Session was offered by Councilman Moore and seconded by Councilman Wilkinson. Motion carried with all eight members of the council voting in favor.
The council exited Executive Session at 10:58 p.m.
ADJOURNMENT:
There being no further business to come before the council, motion was offered by Councilman McCall and seconded by Councilwoman Chailland to adjourn this meeting. Motion carried with all eight members of the council voting in favor and the meeting adjourned at 11:00 p.m.
Robert W. Craghead, Mayor
Carolyn L. Laswell, CMC/MRCC
City Clerk