CITY COUNCIL MINUTES
OCTOBER 23, 2007
The Council of the City of Fulton, Missouri, met in regular session on Tuesday, October 23, 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; Harris; Moore; and Pautz. Absent was Councilmember Gohring. 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; Voe Wilson; Janet Branch; Karen Steinbeck; Laura Ward; Jackie Love; Walter Neumann; Donna Neumann; Robin Teel; 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.
Laura Ward, 204 W. 7th Street, and Jackie Lowe, 203 W. 7th Street, appeared before the Historic Preservation Commission meeting last week and opposed the rezoning of 609 Jefferson Street. Their opposition was based on the following:
Being a Historic District.
If 609 Jefferson Street was sold, what new business could come into the neighborhood.
Loss of residential appeal.
Added congestion.
Junk in the front yard continuing.
A real concern of the fire and safety codes.
Petition that was signed and submitted to the city.
Planning Zoning Commission opposed to the rezoning.
Jim Wilson distributed a hand-out on micro-chipping of animals through the Animal Shelter. There is a visual ID and a computer based software available with basically no cost to the city. He would like to work with the city to establish this program. He thanked the council for their time and the opportunity of addressing this important issue.
Faith Adams, 609 Jefferson Street, addressed the council and distributed a hand-out in support of her proposed re-zoning.
MINUTES:
The council meeting minutes for September 25, 2007 were presented for approval.
Motion was offered by Councilman Pautz and seconded by Councilman Harris that council meeting minutes for September 25, 2007 be approved as presented. Motion carried with seven members of the council voting in favor and one member (Gohring) absent.
The council meeting minutes for October 9, 2007 were presented for approval.
Motion was offered by Councilwoman Digh and seconded by Councilman Pautz that council meeting minutes for October 9, 2007 be approved as presented. Motion carried with seven members of the council voting in favor and one member (Gohring) absent.
FINANCIALS:
The Financials for the month of September 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 Moore that Financials for September 2007 be approved as presented. Motion carried with seven members of the council voting in favor and one member (Gohring) absent.
DIRECTOR OF ADMINISTRATION REPORT FOR SEPTEMBER:
The Director of Administration Report for September 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.
Motion was offered by Councilman Benton and seconded by Councilwoman Digh to accept the Director of Administration Report for the month of September as presented. Motion carried with seven members of the council voting in favor and one member (Gohring) absent.
OLD BUSINESS:
There was none.
NEW BUSINESS:
a) Discussion of the proposed Ameren Enabling Agreement.
Darrell stated that this agreement will allow the city to buy and sell electricity to and from Ameren. This agreement will hold the city responsible for any costs associated with energy that they ordered for use. He stated that the city attorney has reviewed this agreement and the Utility Board has made a recommendation to the council to adopt the resolution authorizing this agreement.
b) Discussion of Solar Panels with the Superintendent of Utilities as requested by the council at the last meeting.
Darrell Dunlap said that several states have adopted rebates on the installation of Solar Panels. California, $13,000; Texas, $13,000; Colorado, $24,000; and Illinois, $10,000 to $12,000.
One hundred square feet of panels per the average home.
Gayla Dunn, the city's grant writer is looking into funding for commercial and residential use. There are more tax credits available for the private sector than city government.
c) Update from LeRoy Benton, council liaison, on the Utility Board meeting held on Monday, October 22nd.
The board reviewed and approved the board minutes; reviewed and accepted the Utility Financial Statements for September; reviewed and accepted the Utility Department's Monthly Report and the Superintendent of Utilities Report.
Darrell said the natural gas prices are stable. The board listened to the solar panel discussion with Darrell as the council did earlier in this meeting.
d) Update from Tom Harris, council liaison, on the Historic Preservation Commission Meeting held on Tuesday, October 16th.
The commission discussed historic decorative lighting on West 7th and E. 5th Streets.
Received eleven applications for historic identified properties on Court Street.
Two citizens from West 7th Street asked the commission to support the West Seventh Historic District in protest of the proposed re-zoning of 609 Jefferson Street.
e) Update from Clay Caswell, Parks & Recreation Director, on the Parks & Recreation Board meeting held on Tuesday, October 10th.
The board reviewed the Strategic Plan of 2000 and noted that many things suggested have already been started and/or completed.
The Parks & Recreation Survey is being circulated through November and should be presented to the council in December or January.
Working on trail expansion for the Stinson Creek Trail.
Tennyson Road property declared use as a park. This will come back to the council for final approval at a later time. Public input will be undertaken for the name and signage, etc.
f) Update from Greg Hayes, City Engineer, on the Airport Advisory Board meeting held on Monday, October 1st.
The board discussed, Runway 18-36, the PAPI lights have been repaired and are in operation.
Runway 5-23 Lighting - the city is hiring Ron Rollins to proceed with evaluating and making repairs to the lights. Huff Construction seal coated this runway.
Property acquisition - Mr. Gardner's house has been torn down, possession by the city is scheduled for November 1st and now own all property required for Runway 5.
There will be a meeting with Burns & McDonnell on the Apron/Taxiway Improvement Project next week.
Also discussed, were the Airport Master Plan; Instrument Approach will be published in April 2008; and Barbed Wire Fence along County Road 308 & 310 being done.
Councilman Harris asked if Engineering could work up some ideas on smoking at the airfield.
Mayor Latham recessed the council at 8:19 p.m. and the council reconvened at 8:30 p.m.
RESOLUTIONS:
Resolution 2889 was presented and read by Councilman Bill.
Resolution 2889 - A Resolution Authorizing the Mayor, on behalf of the C.O.F., to make Application and sign all necessary documents to apply to the State of Missouri, Department of Public Safety, for a 2008 Local Law Enforcement Block Grant/JAG Program (Copy is included in the official Resolution Book.
Motion was offered by Councilman Bill and seconded by Councilman Pautz to adopt Resolution 2889 at this council meeting. Motion carried with seven members of the council voting in favor and one member (Gohring) absent.
Resolution 2890 was presented and read by Councilman Benton.
Resolution No. 2890 - A Resolution Authorizing the Mayor, on behalf of the C.O.F., to enter into a Master Agreement between Ameren Energy Marketing Company & the C.O.F., and establishing an effective date. (Copy is included in the official Resolution Book).
Motion was offered by Councilman Benton and seconded by Councilman Harris to adopt Resolution 2890 at this council meeting. Motion carried with seven members of the council voting in favor and one member (Gohring) absent.
ORDINANCES:
Bill No. 1225 was presented and read for the first time by Councilman Harris.
Bill No. 1225 - An Ordinance Adopting the official Budget and Capital Improvement Program and appropriating the funds of the city for the fiscal year beginning January 1, 2008 and ending December 31, 2008.
Motion was offered by Councilman Harris and seconded by Councilman Moore to place Bill No. 1225 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) absent.
Motion was offered by Councilman Benton and seconded by Councilman Moore to remove Bill No. 1210 from the table at this council meeting. Motion carried with six members of the council voting in favor, one member (Pautz) voting against and one member (Gohring) absent.
Bill No. 1210 was 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.
Motion was offered by Councilman Benton and seconded by Councilwoman Chailland to place Bill No. 1210 for third reading at the next regularly scheduled council meeting. Motion failed with seven members of the council voting against and one member (Gohring) absent.
Bill No. 1223 As Amended was read for the second time by Councilman Bill.
Bill No. 1223 AS AMENDED - An Ordinance Approving a Settlement Agreement with Verizon Wireless (Copy is included in the official Ordinance Book).
Bill No. 1223 AS AMENDED was read for the third time by Councilman Bill.
Motion was offered by Councilman Bill and seconded by Councilman Pautz to place Bill No. 1223 AS AMENDED for final passage at this council meeting. Motion carried with seven members of the council voting in favor and one member (Gohring) absent.
Roll call vote of members of the council was as follows: Bill, yes; Chailland, yes; Digh, yes; Harris, yes; Moore, yes; Pautz, yes; Benton, yes; and one member (Gohring) absent. Bill No. 1223 having received the affirmative vote of seven members of the council, one member (Gohring) absent, was declared passed by the President of the council.
Bill No. 1224 AS AMENDED was read for the second time by Councilwoman Digh.
Bill No. 1224 AS AMENDED - An Ordinance Amending Appendix A-Zoning of the Fulton City Code by adding a paragraph (4) to Section Two. General Provisions requiring Dustproof Surfaces in all Zoning Districts for New and Used Vehicle, Trailer or Boat Sales Display Lots, and establishing an effective date (Copy is included in the official Ordinance Book).
Motion was offered by Councilwoman Digh and seconded by Councilman Moore to place Bill No. 1224 AS AMENDED for final passage at this council meeting. Motion carried with seven members of the council voting in favor and one member (Gohring) absent.
Roll call vote of members of the council was as follows: Chailland, yes; Digh, yes; Harris, yes; Moore, yes; Pautz, yes; Benton, yes; Bill, yes; and one member (Gohring) absent. Bill No. 1224 having received the affirmative vote of seven members of the council, one member (Gohring) absent, was declared passed by the President of the council.
Bill No. 1208 was presented for third reading 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 (Copy is included in the official Ordinance Book).
Motion was offered by Councilman Bill and seconded by Councilman Moore to amend Bill No. 1208 by adding the vacating of Myrtle Street and the alleyway will not be effective until thirty days after the opening of Walgreen's. Motion carried with six members of the council voting in favor, one member (Chailland) voting against, and one member (Gohring) absent.
Motion was also made by Councilman Bill and seconded by Councilman Moore that this proposed vacating of Myrtle Street would revert back to the city if the Walgreen property intentions were ever sold or changed. Motion failed as one member (Bill) voted yes, six members voted no, and one member (Gohring) absent.
Motion was offered by Councilwoman Chailland and seconded by Councilman Moore to place Bill No. 1208 AS AMENDED for final passage at this council meeting. Motion carried with five members of the council voting in favor, two members (Bill and Pautz) voting against, and one member (Gohring) absent.
Roll call vote of members of the council was as follows: Digh, yes; Harris, yes; Moore, yes; Pautz, no; Benton, yes; Bill, no; Chailland, yes; and one member (Gohring) absent. Bill No. 1208 AS AMENDED having received the affirmative vote of five members of the council, two members (Bill and Pautz) voting against, one member (Gohring) absent, was declared passed by the President of the council.
Bill No. 1209 was presented and read for the third time by Councilwoman Digh.
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 (Copy is included in the official Ordinance Book).
Motion was offered by Councilwoman Digh and seconded by Councilman Moore to place Bill No. 1209 for final passage at this council meeting. Motion carried with seven members of the council voting in favor and one member (Gohring) absent.
Roll call vote of members of the council was as follows: Harris, yes; Moore, yes; Pautz, no; Benton, yes; Bill, no; Chailland, yes; Digh, yes; and one member (Gohring) absent. Bill No. 1209 having received the affirmative vote of seven members of the council, one member (Gohring) absent, was declared passed by the President of
the council.
Bill No. 1211 was presented for third 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 (Copy is included in the official Ordinance Book).
Motion was offered by Councilwoman Chailland and seconded by Councilman Moore to place Bill No. 1211 for final passage at this council meeting. Motion carried with seven members of the council voting in favor and one member (Gohring) absent.
Roll call vote of members of the council was as follows: Harris, yes; Moore, yes; Pautz, yes; Benton, yes; Bill, yes; Chailland, yes; Digh, yes; and one member (Gohring) absent. Bill No. 1211 having received the affirmative vote of seven members of the council and one member (Gohring) absent, was declared passed by the President of the council.
Bill No. 1212 was presented for third reading by Councilman Pautz.
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 (Copy is included in the official Ordinance Book).
Motion was offered by Councilman Pautz and seconded by Councilman Moore to place Bill No. 1212 for final passage at this council meeting. Motion carried with seven members of the council voting in favor and one member (Gohring) absent.
Roll call vote of members of the council was as follows: Moore, yes; Pautz, yes; Benton, yes; Bill, yes; Chailland, yes; Digh, yes; Harris, yes; and one member (Gohring) absent. Bill No. 1212 having received the affirmative vote of seven members of the council and one member (Gohring) absent, was declared passed by the President of the council.
Bill No. 1213 was presented for third 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 (Copy is included in the official Ordinance Book).
Motion was offered by Councilman Bill and seconded by Councilwoman Digh to place Bill No. 1213 for final passage at this council meeting. Motion carried with seven members of the council voting in favor and one member (Gohring) absent.
Roll call vote of members of the council was as follows: Pautz, yes; Benton, yes; Bill, yes; Chailland, yes; Digh, yes; Harris, yes; Moore, yes; and one member (Gohring) absent. Bill No. 1213 having received the affirmative vote of seven members of the council and one member (Gohring) absent, was declared passed by the President of the council.
Bill No. 1214 was presented for third 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 (Copy is included in the official Ordinance Book).
Motion was offered by Councilman Pautz and seconded by Councilwoman Digh to place Bill No. 1214 for final passage at this council meeting. Motion carried with seven members of the council voting in favor and one member (Gohring) absent.
Roll call vote of members of the council was as follows: Benton, yes; Bill, yes; Chailland, yes; Digh, yes; Harris, yes; Moore, yes; Pautz, yes; and one member (Gohring) absent. Bill No. 1214 having received the affirmative vote of seven members of the council and one member (Gohring) absent, was declared passed by the President of the council.
Bill No. 1215 was presented for third 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 (Copy is included in the official Ordinance Book).
Motion was offered by Councilwoman Digh and seconded by Councilman Pautz to place Bill No. 1215 for final passage at this council meeting. Motion carried with seven members of the council voting in favor and one member (Gohring) absent.
Roll call vote of members of the council was as follows: Bill, yes; Chailland, yes; Digh, yes; Harris, yes; Moore, yes; Pautz, yes; Benton, yes; and one member (Gohring) absent. Bill No. 1215 having received the affirmative vote of seven members of the council and one member (Gohring) absent, was declared passed by the President of the council.
Bill No. 1216 was presented for third 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 (Copy is included in the official Ordinance Book).
Motion was offered by Councilman Moore and seconded by Councilman Bill to place Bill No. 1216 for final passage at this council meeting. Motion carried with seven members of the council voting in favor and one member (Gohring) absent.
Roll call vote of members of the council was as follows: Chailland, yes; Digh, yes; Harris, yes; Moore, yes; Pautz, yes; Benton, yes; Bill, yes; and one member (Gohring) absent. Bill No. 1216 having received the affirmative vote of seven members of the council and one member (Gohring) absent, was declared passed by the President of the council.
Bill No. 1217 was presented for third 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 (Copy is included in the official Ordinance Book).
Motion was offered by Councilman Harris and seconded by Councilman Pautz to place Bill No. 1217 for final passage at this council meeting. Motion carried with seven members of the council voting in favor and one member (Gohring) absent.
Roll call vote of members of the council was as follows: Digh, yes; Harris, yes; Moore, yes; Pautz, yes; Benton, yes; Bill, yes; Chailland, yes; and one member (Gohring) absent. Bill No. 1217 having received the affirmative vote of seven members of the council and one member (Gohring) absent, was declared passed by the President of the council.
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 (Copy is included in the official Ordinance Book).
Motion was offered by Councilman Benton and seconded by Councilwoman Chailland to place Bill No. 1218 for final passage at this council meeting. Motion carried with seven members of the council voting in favor and one member (Gohring) absent.
Roll call vote of members of the council was as follows: Harris, yes; Moore, yes; Pautz, yes; Benton, yes; Bill, yes; Chailland, yes; Digh, yes; and one member (Gohring) absent. Bill No. 1218 having received the affirmative vote of seven members of the council and one member (Gohring) absent, was declared passed by the President of the council.
Bill No. 1219 was presented for third 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 (Copy is included in the official Ordinance Book).
Motion was offered by Councilwoman Chailland and seconded by Councilman Pautz to place Bill No. 1219 for final passage at this council meeting. Motion carried with seven members of the council voting in favor and one member (Gohring) absent.
Roll call vote of members of the council was as follows: Moore, yes; Pautz, yes; Benton, yes; Bill, yes; Chailland, yes; Digh, yes; Harris, yes; and one member (Gohring) absent. Bill No. 1219 having received the affirmative vote of seven members of the council and one member (Gohring) absent, was declared passed by the President of the council.
Bill No. 1220 was presented for third reading by Councilman Moore.
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 (Copy is included in the official Ordinance Book).
Motion was offered by Councilman Moore and seconded by Councilwoman Digh to place Bill No. 1220 for final passage at this council meeting. Motion carried with seven members of the council voting in favor and one member (Gohring) absent.
Roll call vote of members of the council was as follows: Pautz, yes; Benton, yes; Bill, yes; Chailland, yes; Digh, yes; Harris, yes; Moore, yes; and one member (Gohring) absent. Bill No. 1220 having received the affirmative vote of seven members of the council and one member (Gohring) absent, was declared passed by the President of the council.
Bill No. 1221 was presented for third 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 (Copy is included in the official Ordinance Book).
Motion was offered by Councilman Bill and seconded by Councilwoman Digh to place Bill No. 1221 for final passage at this council meeting. Motion carried with seven members of the council voting in favor and one member (Gohring) absent.
Roll call vote of members of the council was as follows: Benton, yes; Bill, yes; Chailland, yes; Digh, yes; Harris, yes; Moore, yes; Pautz, yes; and one member (Gohring) absent. Bill No. 1221 having received the affirmative vote of seven members of the council and one member (Gohring) absent, was declared passed by the President of the council.
Bill No. 1222 was presented for third 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 (Copy is included in the official Ordinance Book).
Motion was offered by Councilman Pautz and seconded by Councilwoman Digh to place Bill No. 1222 for final passage at this council meeting. Motion carried with seven members of the council voting in favor and one member (Gohring) absent.
Roll call vote of members of the council was as follows: Bill, yes; Chailland, yes; Digh, yes; Harris, yes; Moore, yes; Pautz, yes; Benton, yes; and one member (Gohring) absent. Bill No. 1222 having received the affirmative vote of seven members of the council and one member (Gohring) absent, was declared passed by the President of the council.
APPOINTMENTS:
There were no appointments to be presented to the council at this meeting.
ANNOUNCEMENTS:
There were no announcements to be presented to the council at this 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 Councilman Pautz to adjourn this meeting. Motion carried with seven members of the council voting in favor, one member (Gohring) absent, and the meeting adjourned at 9:10 p.m.
Charles M. Latham, Mayor
Carolyn L. Laswell, CMC/MRCC
City Clerk