CITY COUNCIL MINUTES
NOVEMBER 14, 2006
The Council of the City of Fulton, Missouri, met in regular session and held two (2) Public Hearings on Tuesday, November 14th, 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 Chailland; Gohring; Harris; McCall; Moore and Wilkinson. Absent were councilmembers Benton and Bill. Also present were Patrick Bonnot, Assistant to the Director of Administration; Sherri Redmon, Human Resource Director; Clay Caswell, Parks & Recreation Director; Kathy Holschlag, Interim 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; Dave Martin; Rob Hamlin; Cathy Guth; Sam Guth; Arlene Jackson; Dave Kern; Brad Main; Marie Gonzalez; John Pautz; Virginia Bratten; Scott W. Gibson; Cindy Tanner; Marie Bates; Mary Ellen Fuller; Barb Hammon; Stacey Gray; Tom Terril; Brandon Harp; Thomas O'Donnell; Esther Digh; Ned Digh; Karen Digh; Robert Schneider; Maurice Stack; 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.
Tom Terril, Developer for Walgreens, announced they have come to an agreement with the residents. Walgreens has no claim on Myrtle Street and releases any claim thereof.
Sam Guff, 1400 North Bluff, said Myrtle Street and the alley is undeveloped property and asked the council to approve the abandonment of said land. This property is now a stumbling block.
Stacy Gray, District Manager from Walgreens was present and said this is the only piece of property that Walgreens was interested in to build a store with Blackstone Group as the developer, no other authorized company is involved.
Karen Digh, #6 Ivy Lane, said the residents fought a hard battle and the final outcome of Myrtle Street is a stumbling block.
Arlene Jackson, 211 E. 14th Street, thanked the council and especially Councilwoman Chailland and Councilman Wilkinson for their support.
PUBLIC HEARINGS:
Mayor Craghead announced there will be two (2) Public Hearings on this evening's agenda and the format will be as follows:
Hearing One:
To consider the proposed Abandonment, by the City of Fulton, of all that portion of a thirty foot wide stretch of unnamed right-of-way beginning at the north side of Collier Lane and extending approximately 176 feet north toward Blackburn Street.
This hearing was now declared open at 7:41 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: David Kern, 3301 Collier Lane, owner of the property, said he would answer any questions from the council.
Second Call: Cindy Tanner, 211 Collier, said they had no opposition to this request as long as 15 feet was given to both parties.
Third Call: There were none.
This Public Hearing declared closed at 7:45 p.m.
Hearing Two:
To consider for adoption the proposed City of Fulton 2007 Budget from January 1, 2007 through December 31, 2007, and the proposed Three Year Capital Program.
This hearing was declared open at 7:46 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 7:47 p.m.
SUBJECTS OF DISCUSSION:
a) Discussion of permission needed as requested by the downtown store owners, represented by Mary Ellen Fuller and Barb Hammon, to hold two events with carriage rides in the downtown area and also a request received from the downtown merchants to have permission to have paper bag luminaries on the sidewalks lining both sides of Court Street (between 5th and 7th Streets) from 5 to 8 p.m. on Thursday, December 7th.
Barb Hammon gave in depth description of their request and said she would answer any questions from the council.
After some discussion, motion was offered by Councilman Harris and seconded by Councilman Moore to grant these two requests. Motion carried with six councilmembers voting in favor and two councilmembers (Benton and Bill) absent.
b) Discussion of a needed motion to accept the Blackstone Group as the developer on the Walgreens project.
Referring to a letter received by the city from Walgreens, they will place 16 foot light poles on the parking on the east side, and a fence on the south and east sides of the property.
Motion was offered by Councilman Wilkinson and seconded by Councilman McCall to accept the Blackstone Group as the developer on the Walgreens project with all above stated measures being done. Motion carried with six members of the council voting in favor and two members (Benton and Bill) absent.
c) Discussion of the letter to Mayor Craghead from Dale Nichols, representing Fulton Commons, LLC.
Dale Nichols said the steel beams are up for the C & R Grocery.
Mr. Nichols said referring to his letter that Fulton Commons, LLC is relinquishing any rights to the property known as Fulton Commons Drive to the City of Fulton for full ownership and maintenance. Any broken curbs or handicap ramps will be fixed by Emery Sapp & Sons, Columbia, so the city is not liable for these expenses during the initial construction period.
Motion was offered by Councilman Moore and seconded by Councilman Wilkinson to accept Fulton Commons Drive as proposed by Dale Nichols, on behalf of Fulton Commons, LLC. Motion carried with six members of the council voting in favor and two members (Benton and Bill) absent.
d) Discussion and permission needed as requested by the Fulton Jaycees to hold the Annual Christmas Parade on Saturday, December 2nd, 2006 at 1:00 p.m.
Motion was offered by Councilman Moore and seconded by Councilman McCall to grant permission to hold the Annual Christmas Parade. Motion carried with six members of the council voting in favor and two members (Benton and Bill) absent.
e) Update on the Sewer Transition.
The city has received approximately seven applications for the position of Sewer Superintendent. The city will take over the wastewater Treatment Plant on January 1, 2007.
f) Update on the Water Project.
Greg Hayes, City Engineer, said that water leaks on Grand Street have been so numerous that they can't keep up with the patching. The city will have nine to ten crews working on laying new water lines.
The Missouri School for the Deaf and the State Hospital have had their water pressure increased and the city has replaced eight lines so far.
RESOLUTIONS:
Resolution 2847 was presented and read by Councilman McCall.
Resolution 2847 - A Resolution authorizing the Mayor, on behalf of the City of Fulton, to sign all necessary documents for a Grant Application to the Mid-Mo Solid Waste Management District H FY2007 District Grant for funding the hiring of a consultant to complete a Curbside Recycling Study (Copy is included in the official Resolution Book).
Motion was offered by Councilman McCall and seconded by Councilman Moore to adopt Resolution 2847 at this council meeting. Motion carried with six members of the council voting in favor and two members (Benton and Bill) absent.
Resolution 2848 was presented and read by Councilman Harris.
Resolution 2848 - A Resolution authorizing the Mayor and City Clerk, on behalf of the City of Fulton, to enter into a Letter of Intent with the YMCA of Callaway County, to cooperate and assist in the promotion and passage of a 1/2 cent sales tax for recreational and storm-water drainage purposes, for the use of a portion of such revenues for the construction and operation of an indoor pool and aquatic facility, for the YMCA's fundraising efforts to obtain funds for the aquatic center and for the cooperative management of it (Copy is included in the official Resolution Book).
Motion was offered by Councilman Harris and seconded by Councilman Moore to adopt Resolution 2848 at this council meeting. Motion carried with five members of the council voting in favor, one member (Chailland) voting against, and two members (Benton and Bill) absent.
ORDINANCES:
Bill No. 1168 was presented and read for the first time by Councilman Wilkinson.
Bill No. 1168 - An Ordinance repealing Ordinance No. 802-98 Establishing Electric Rates of the City of Fulton, and enacting a new ordinance and establishing an effective date.
Motion was offered by Councilman Wilkinson and seconded by Councilman Moore to place Bill No. 1168 for second reading at the next regularly scheduled council meeting. Motion carried with six members of the council voting in favor and two members (Benton and Bill) absent.
Bill 1169 was presented and read for the first time by Councilwoman Gohring.
Bill No. 1169 - An Ordinance vacating a portion of unnamed right-of-way between Collier Lane and Blackburn Street, located within the City of Fulton, and establishing an effective date.
Motion was offered by Councilwoman Gohring and seconded by Councilman McCall to place Bill No. 1169 for second reading at the next regularly scheduled council meeting. Motion carried with four members of the council voting in favor, two members (McCall and Wilkinson) voting against, and two members (Benton and Bill) absent.
Bill No. 1170 was presented and read for the first time by Councilman Harris.
Bill No. 1170 - An Ordinance Amending Chapter 94 Solid Waste, Sec. 94-128.Amounts, Paragraph (a) Residential, of the Fulton City Code, by Deleting Subparagraphs (1), (2), (3), and (4) in their entirety and enacting new Subparagraphs (1), (2), (3), and (4) hereby changing fees for Residential Solid Waste Collection and establishing an effective date.
Motion was offered by Councilman Harris and seconded by Councilman Moore to place Bill No. 1170 for second reading at the next regularly scheduled council meeting. Motion carried with six members of the council voting in favor and two members (Benton and Bill) absent.
Bill No. 1171 was presented and read for the first time by Councilman Moore.
Bill No. 1171 - An Ordinance authorizing Amendments to the C.O.F. Budget for the fiscal year 2005 as outlined by Article VIII, Financial Procedure, Section 8.8, Amendments after adoption, Paragraph (C), Transfer of Appropriations, Fulton City Charter, and establishing an effective date.
Motion was offered by Councilman Moore and seconded by Councilman Wilkinson to place Bill No. 1171 for second reading at the next regularly scheduled council meeting. Motion carried with six members of the council voting in favor and two members (Benton and Bill) absent.
Bill No. 1166 was read for the second time by Councilwoman Chailland.
Bill No. 1166 - An Ordinance of the C.O.F. City Council Approving the Issuance of Tax Increment Revenue Bonds (Fulton Commons Redevelopment Project) Series 2006, Authorizing the Execution of certain documents and Authorizing further actions related to such bonds, and establishing an effective date (Copy is included in the official Ordinance Book).
Motion was offered by Councilwoman Chailland and seconded by Councilman McCall to place Bill No. 1166 for third reading at this council meeting. Motion carried with six members of the council voting in favor and two members (Benton and Bill) absent.
Bill 1166 was read for the third time by Councilwoman Chailland.
Motion was offered by Councilwoman Chailland and seconded by Councilman McCall to place Bill No. 1166 for final passage at this council meeting. Motion carried with six members of the council voting in favor and two members (Benton and Bill) absent.
Roll call vote of members of the council was as follows: Gohring, yes; Harris, yes; McCall, yes; Moore, yes; Wilkinson, yes; and Gohring, yes. Bill No. 1166 having received the affirmative vote of six members of the council and two members (Benton and Bill) absent, was declared passed by the President.
Bill No. 1167 was read for the second time by Councilwoman Gohring.
Bill No. 1167 - An Ordinance adopting an Official Budget & Capital Improvement Program & appropriating the funds of the C.O.F. for the fiscal year beginning January 1, 2007 and ending December 31, 2007.
Motion was offered by Councilwoman Gohring and seconded by Councilman Wilkinson to place Bill No. 1167 for third reading at the next regularly scheduled council meeting. Motion carried with six members of the council voting in favor and two members (Benton and Bill) absent.
Motion was offered by Councilman Wilkinson and seconded by Councilman Moore to table Bill Nos. 1161; 1162; 1163; and 1164 for third reading until the next regularly scheduled council meeting, due to the absence of two members of the council and the importance of this vote. Motion carried with six members of the council voting in favor and two members (Benton and Bill) absent.
Motion was offered by Councilwoman Chailland and seconded by Councilman Harris, asking to have the abandonment of Myrtle Street process started as soon as feasibly possible. Motion carried with six members of the council voting in favor and two members (Benton and Bill) absent.
APPOINTMENTS:
Mayor Craghead said he had an appointment to present for approval at tonight's meeting. He asked that Ken McSwain be appointed to the Airport Board replacing the vacancy of Dick Davis.
Motion was offered by Councilman Wilkinson and seconded by Councilman Harris to approve the appointment to the Airport Board as presented. Motion carried with six members of the council voting in favor and two members (Benton and Bill) absent.
ANNOUNCEMENTS:
Councilman Wilkinson announced his resignation from the council effective at the end of the council meeting of November 28, 2006. He thanked the community for the opportunity to serve but he is moving out of town.
EXECUTIVE SESSION:
Mayor Craghead 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 McCall and seconded by Councilwoman Chailland to adjourn this meeting. Motion carried with six members of the council voting in favor, two members (Benton and Bill) absent, and the meeting adjourned at 8:39 p.m.
Robert W. Craghead, Mayor
Carolyn L. Laswell, CMC/MRCC
City Clerk