CITY COUNCIL MINUTES
NOVEMBER 13, 2008
The Council of the City of Fulton, Missouri, met in regular session and held two (2) Public Hearings on Thursday, November 13, 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 7:31 p.m. Roll call was taken by the City Clerk and members of the council present were Bill; Digh; Gohring; Harris; Moore; Pautz; and West. Absent was Councilmember Benton. Also present were Dean Buffington, Fire Chief; Kathy Holschlag, Chief Financial Officer; J. C. Miller, Solid Waste Manager; Clay Caswell, Parks & Recreation Director; Sherri Redmon, Human Resource Director; Matt Harline, Assistant to the Director of Administration; Les Hudson, Planning & Protective; Doc Kritzer; Lee Fritz; Rosemary Gannaway; Gabe Craighead; Jared Strough; Noah Giver; Brenden Hodges; Keegan Stone; Pam Hodges; Tina Anderson; Angie Strough; Sharon Backer; Phyllis Lawson; Dakota Lawson; Earl Lawson; Linda Logan; Beth Ready; Helen Herigon; Robin Schaefer; Robert Schaefer; Linda Schaefer; Larry Ausfahl; Betty Ausfahl; Lynn Carrington; Rick Graham; Brad Zimmerman; Dana Dungan; Dave Moen; Chuck Ausfahl; Tom Block; Jim Pardue; Shan Rich; Vivian Doran; Linda McVeigh; Gail Evans; Beth Reed; Ron Mann; 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.
The following made comments against the proposed Landfill on the former Jatho Farm property.
Ron Mann, 8174 State Road NN, made other suggestions for the location of the proposed landfill.
Robert Schaefer. 3701 State Road H, has concerns regarding cancer and methane gas explosions.
Gail Evans, 1380 Mokane Road, would like to hear from the Missouri Department of Natural Resources.
Sharon Backer, 7204 State Road NN, concerned with St. Louis, Kansas City and other locations bringing their trash to Fulton.
Robin Schaefer, 6872 Silver Drive, said they are obtaining names for a petition and are receiving about 200-300 names per day. She asked the city to look at their beautiful farms, churches and homes in this area.
Beth Ready, 7002 County Road 305, "Stinky" Trash and it will be an eyesore.
Linda McVeigh, 708 Cote Sans Dessein, it should be a more centrally located area and wonders how the city would like a landfill situated next door to City Hall.
Vivian Doran, Fulton will become known as the "Trash Capital" and she is very disappointed with Fulton for our future.
Mayor Latham acknowledged four scouts from Boy Scout Troop 50 that were present at this council meeting as they are working on their citizenship merit badge.
PUBLIC HEARINGS:
HEARING ONE:
To consider the proposed re-zoning of a tract of land known as 1016 North Bluff Street in Fulton, Missouri, from its present zoning classification of R-1 Residential to C-NB Commercial Neighborhood Business.
This hearing was declared open at 8:00 p.m.
There were three calls issued for anyone wishing to speak IN OPPOSITION of the matter being considered.
First call, is there anyone present who wishes to speak in opposition of this proposed re-zoning? There were none.
Second call, is there anyone present who wishes to speak in opposition of this proposed re-zoning? There were none.
Third and final call, is there anyone present who wishes to speak in opposition of this proposed re-zoning? There were none.
There will now be three calls issued for anyone wishing to speak IN FAVOR of the matter being considered.
First call, is there anyone present who wishes to speak in favor of this proposed re-zoning?
Jim Pardue, said he was one of the persons representing the business requesting this proposed re-zoning and asked the council to consider this request.
Second call, is there anyone present who wishes to speak in favor of this proposed re-zoning? There were none.
Third and final call, is there anyone present who wishes to speak in favor of this proposed re-zoning?
This Public Hearing was declared closed at 8:02 p.m.
HEARING TWO:
The purpose of this hearing is to consider the proposed re-zoning of tracts of land known as 201, 203, 205, and 207 Tyler Street in Fulton, Missouri, from its present zoning classification of R-1 Residential to R-3 Residential.
This hearing was declared open at 8:02 p.m.
There will be three calls issued for anyone wishing to speak IN OPPOSITION of the matter being considered.
First call, is there anyone present who wishes to speak in opposition of this proposed re-zoning?
Second call, is there anyone present who wishes to speak in opposition of this proposed re-zoning? There were none.
Third and final call, is there anyone present who wishes to speak in opposition of this proposed re-zoning? There were none.
There will now be three calls issued for anyone wishing to speak IN FAVOR of the matter being considered.
First call, is there anyone present who wishes to speak in favor of this proposed re-zoning?
Shan Rich stated that he represented the company that requested this re-zoning for development and investment properties.
Second call, is there anyone present who wishes to speak in favor of this proposed re-zoning? There were none.
Third and final call, is there anyone present who wishes to speak in favor of this proposed re-zoning?
Les Hudson, Planning & Protection, said that the Planning and Zoning Commission made a recommendation to the council to approve this request as presented.
This Public Hearing was declared closed at 8:04 p.m.
SUBJECTS OF DISCUSSION:
a) Permission needed on the request received from the Kingdom of Callaway Chamber of Commerce, on the Annual Historic Downtown Holiday Open House to be held on Friday, November 21st, with carriage rides. Need approval to block off four parking spaces in front of Fuller's Jewelry Store and one parking space in front of the Callaway Bank between the hours of 4:00 p.m. and 9:00 p.m., to load and unload the carriage and for the Kettle Corn Booth.
Motion was offered by Councilman Harris and seconded by Councilman Bill to approve this request as presented. Motion carried with seven members of the council voting in favor and one member (Benton) absent.
b) Review and Discussion of the request for 2009 EOC Funding with Rosemary Gannaway, Auditor, for Callaway County.
Rosemary Gannaway and Gabe Craighead, Eastern Commissioner, presented the council with some hand-outs and addressed the EOC money concerns for 2009. At the present time, the city is paying $130,000 per year and the county is requesting $160,000.
Lee Fritz, asked the council to look at these figures seriously.
Doc Kritzer, Western Commissioner, said that costs are going upward all over and EOC requests are no exception. He also stated that he couldn't guarantee that EOC would not be back again next year asking for more funding and the city should be prepared for these requests.
Much discussion followed.
Mayor Latham recessed the council at 8:50 p.m. and the council reconvened at 9:00 p.m.
c) Retiree Health Care.
Bill Johnson said this subject was discussed during this evening's work session.
Much discussion followed among the council members who had many concerns over dropping coverage for retirees.
Motion was offered by Councilman Moore and seconded by Councilman West to give a one year notice to current retirees, December 31,
2009 and work with the retirees on alternative plans. Motion failed with three members voting in favor, four members voting against and one member (Benton) absent.
d) Review of Proposed Budget for 2009 and Three Year Capital Program.
Once again, this was discussed in the work session and Bill Johnson asked the council for their decision. Much discussion followed.
Motion was offered by Councilman Pautz and seconded by Councilwoman Digh to adopt Option One which is splitting the total package of wage increases between hourly and percent increase. This would mean a raise of $.40 per hour and leave enough to give a raise of 2.5%. Motion failed with three members voting in favor, four members voting against and one member (Benton) absent.
Motion was offered by Councilman Bill and seconded by Councilwoman Gohring to adopt Option Two which is a flat increase of $500.00 to be paid to all employees January 1st and a 3.5% raise. Motion carried with six members of the council voting in favor, one member voting against and one member (Benton) absent.
The EOC request for funding was discussed further by the council. After much discussion, motion was offered by Councilman Harris and seconded by Councilwoman Gohring to pay EOC $150,000 from the general fund for 2009. Motion carried with seven members of the council voting in favor and one member (Benton) absent.
e) Discussion of the Old Power Plant.
Bill Johnson said the old power plant is an eyesore and a safety issue to the community. No one will put up the money to take it down so it has been suggested the city take it back and demolish it next year. There is asbestos in the building and internal projections are $200,000 -$300,000 to take it down. He asked for any ideas or suggestions from the council.
After some discussion, motion was offered by Councilman Pautz and seconded by Councilman West to have the administration proceed with finding our financial options available to bring back to the council for further review and discussion. Motion carried with seven members of the council voting in favor and one member (Benton) absent.
RESOLUTIONS:
Resolution 3021 was presented and read by Councilman Moore.
Resolution 3021 - A Resolution Authorizing the Mayor, on behalf of the C.O.F., as Lessor, to Execute a Second Amendment to a Non-dwelling Lease Agreement with the Curators of the University of Missouri (KOMU-TV), as Lessee, for a portion of space located on the top of the City of Fulton's West Water Tower (Copy is included in the official Resolution Book).
Motion was offered by Councilman Moore and seconded by Councilman Harris to adopt Resolution 3021 at this council meeting. Motion carried with seven members of the council voting in favor and one member (Benton) absent.
Resolution 3022 was presented and read by Councilman Bill.
Resolution 3022 - A Resolution Authorizing the Mayor, on behalf of the C.O.F., to Enter into a Lease Agreement with Brouster Farms for lease of Agricultural land formerly known as the Jatho Farm for a cost of One Hundred Twenty Seven Dollars ($127.00) Per Acre (Copy is included in the official Resolution Book).
Motion was offered by Councilman Bill and seconded by Councilwoman Digh to adopt Resolution 3022 at this council meeting. Motion carried with seven members of the council voting in favor and one member (Benton) absent.
Resolution 3023 was presented and read by Councilman West.
Resolution 3023 - A Resolution Authorizing the Mayor, on behalf of the C.O.F., to enter into a Commercial Lease with Davis Realty and the C.O.F., of 512 Market Street and the Use of Three (3) Parking Spaces located at 514 Market Street for One (1) Year. This Lease to Commence at the Closing of the Sale of this Property with automatic renewal through 2010 (Copy is included in the official Resolution Book).
Motion was offered by Councilman West and seconded by Councilwoman Gohring to adopt Resolution 3023 at this council meeting. Motion carried with seven members of the council voting in favor and one member (Benton) absent.
ORDINANCES:
Bill No. 1256 was presented for first reading by Councilwoman Digh.
Bill No. 1256 - An Ordinance Re-classifying under the Zoning Ordinance certain land in the city limits of Fulton (1016 North Bluff), from R-1 Residential to C-NB Commercial Neighborhood Business, and establishing an effective date.
Motion was offered by Councilwoman Digh and seconded by Councilman Moore to place Bill No. 1256 for second reading at the next regularly scheduled council meeting. Motion carried with seven members of the council voting in favor and one member (Benton) absent.
Bill No. 1257 was presented for first reading by Councilwoman Gohring.
Bill No. 1257 - An Ordinance Re-classifying under the Zoning Ordinance certain land in the city limits of Fulton (201,203,205 & 207 Tyler), from R-1 Residential to R-3 Residential, and establishing an effective date.
Motion was offered by Councilwoman Gohring and seconded by Councilman West to place Bill No. 1257 for second reading at the next regularly scheduled council meeting. Motion carried with seven members of the council voting in favor and one member (Benton) absent.
Bill No. 1258 was presented for first reading by Councilman Harris.
Bill No. 1258 - An Ordinance Authorizing the Mayor, on behalf of the C.O.F., to enter into a Commercial & Industrial Real Estate Sale Contract with Vernon T. & Lola Davis to purchase certain property within the C.O.F., known as 512 Market Street for the sum of $50,000 & establishing a closing date of December 2, 2008; AND to enter into a Commercial and Industrial Real Estate Sale Contract with V.T. Davis, Incorporated, to purchase certain property within the C.O.F., known as 514 Market Street for the sum of $250,000.00 and establishing a closing date of December 2, 2008.
Motion was offered by Councilman Harris and seconded by Councilman Bill to place Bill No. 1258 for second reading at the next regularly scheduled council meeting. Motion carried with seven members of the council voting in favor and one member (Benton) absent.
Bill No. 1259 was presented for first reading by Councilman Bill.
Bill No. 1259 - An Ordinance Authorizing the Mayor, on behalf of the C.O.F., to enter into an Agreement with Allied, Phoenix, AZ, for the closure of the landfill and for the city's long term disposal needs; AND to execute an Option Agreement To Purchase Real Estate between the C.O.F. and Allied, Phoenix, AZ., for approximately 160 Acres located in Callaway County, in the sum of $960,000.00.
Motion was offered by Councilman Bill and seconded by Councilman Moore to place Bill No. 1259 for second reading at the next regularly scheduled council meeting. Motion carried with seven members of the council voting in favor and one member (Benton) absent.
Bill No. 1255 was presented for second reading by Councilman Pautz.
Bill No. 1255 - An Ordinance Adopting an Identity Theft Prevention Program and establishing an effective date (Copy is included in the official Ordinance Book).
Motion was offered by Councilman Pautz and seconded by Councilwoman Gohring to place Bill No. 1255 for third reading at this council meeting. Motion carried with seven members of the council voting in favor and one member (Benton) absent.
Bill No. 1255 was placed for third reading by Councilman Pautz.
Motion was offered by Councilman Pautz and seconded by Councilman West to place Bill No. 1255 for final passage at this council meeting. Motion carried with seven members of the council voting in favor and one member (Benton) absent.
Roll call vote of members of the council was as follows: Bill, yes; Digh, yes; Gohring, yes; Harris, yes; Moore, yes; Pautz, yes; and West, yes. Bill No. 1255 having received the affirmative vote of seven members of the council and one member (Benton) absent, was declared passed by the President of the council.
Bill No. 1254 AS AMENDED was presented for third reading by Councilman West.
Bill No. 1254 AS AMENDED - An Ordinance adopting an official Budget & Capital Improvement Program & Appropriating the funds of the City for the fiscal year beginning January 1, 2009 & ending December 31, 2009 (Copy is included in the official Ordinance Book).
Motion was offered by Councilman West and seconded by Councilman Pautz to place Bill No. 1254 AS AMENDED for final passage at this council meeting. Motion carried with seven members of the council voting in favor and one member (Benton) absent.
Roll call vote of members of the council was as follows: Digh, yes; Gohring, yes; Harris, yes; Moore, yes; Pautz, yes; West, yes; and Bill, yes. Bill No. 1254 AS AMENDED having received the affirmative vote of seven members of the council and one member (Benton) absent, was declared passed by the President of the council.
ANNOUNCEMENTS:
A reminder of the Mayor's Annual Holiday Social on Friday, December 12, 2008 in City Hall from 4:00 p.m. to 7:00 p.m.
Brad Zimmerman, Allied Waste, addressed the council on some of the landfill issues. There was a disturbance in the council meeting with some citizens present and they were escorted from the chambers.
EXECUTIVE SESSION:
Mayor Latham said 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 Pautz to adjourn this meeting. Motion carried with seven members of the council voting in favor, one member (Benton) absent, and the meeting adjourned at 9:55 p.m.
Charles M. Latham, Mayor
Carolyn L. Laswell, CMC/MRCC
City Clerk