CITY COUNCIL MINUTES
NOVEMBER 25, 2008
The Council of the City of Fulton, Missouri, met in regular session on Tuesday, November 25, 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 6:31 p.m. Roll call was taken by the City Clerk and members of the council present were Bill; Digh; Gohring; Harris; Moore; and West. Absent were councilmembers Benton and Pautz. Also present were Darrell Dunlap, Superintendent of Utilities; Les Hudson, Code Enforcement Officer; Kathy Holschlag, Chief Financial Officer; Greg Hayes, City Engineer; J. C. Miller, Solid Waste Manager; Dean Buffington, Fire Chief; Sherri Redmon, Human Resources Director; Clay Caswell, Parks & Recreation Director; Rolla Mann; Robert Gaebe; Sharon Backer; Gail Evans; Gina Newby; Jonathan Newby; Lee Elliott; Cheryl Pardue; Sonny Payne; Betty Ausfahl; Larry Ausfahl; Bonnie McVeigh; Robert Schaefer; Linda Schaefer; Francis McVeigh; R. Lynn Carrington; Ron Mann; Doc & Linda Kritzer; David White; Jeremy Polston and Justin Dean, Audio/Video.
INVOCATION:
Invocation was given by Mayor Latham.
Mayor Latham said there was a need to amend the council agenda by adding a 9. c) Snow Removal and under 10. Resolutions add Resolutions 3027 and 3028.
Motion was offered by Councilman West and seconded by Councilman Bill to amend the agenda as Mayor Latham requested. Motion carried with six members of the council voting in favor and two members (Benton and Pautz) absent.
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.
Robert Gaebe, 9453 County Road 422, New Bloomfield, said he was representing Victory Fellowship Church and he was concerned with the proposed location of the landfill.
Ron Mann, said he was concerned with the health issues and that it would stink. He asked the city to look at other sites where there is more area.
David White, said he is not opposed to the landfill, but would like the city to find a secondary location, if feasible, since there is so much opposition to the proposed location.
Gail Evans, 1380 Mokane Road, asked for more time before a final decision is made. She would like to see more education to the residents on recycling. She would rather see the proposed location be used for a residential subdivision.
Robin Schaefer,6827 Silver Drive, asked the council to stop and think as the community is against this proposed location of the landfill.
MINUTES:
The council meeting minutes for October 28, 2008 were presented for approval.
Motion was offered by Councilwoman Digh and seconded by Councilman Bill that council meeting minutes for October 28, 2008 be approved as presented. Motion carried with six members of the council voting in favor and two members (Benton and Pautz) absent.
The council meeting minutes for November 13, 2008 were presented for approval.
Councilman West noted on page one, list of attendees, should be amended to read "Dana Dungan".
Motion was offered by Councilman Bill and seconded by Councilwoman Digh that council meeting minutes for November 13, 2008 be approved as amended. Motion carried with six members of the council voting in favor and two members (Benton and Pautz) absent.
FINANCIALS:
The Financials for the month of October 2008 were presented for approval and Kathy Holschlag, Chief Financial Officer, was present to answer any questions from the council.
After some review and discussion, motion was offered by Councilman West and seconded by Councilwoman Gohring to accept the October Financials as presented. Motion carried with six members of the council voting in favor and two members (Benton and Pautz) absent.
DIRECTOR OF ADMINISTRATION REPORT FOR OCTOBER:
The Director of Administration Report for October 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.
Upon review, motion was offered by Councilman West and seconded by Councilwoman Gohring to accept the Director of Administration Report for October as presented. Motion carried with six members of the council voting in favor and two members (Benton and Pautz) absent.
OLD BUSINESS:
a) Further Discussion on the Second Street and Market Street Bridge.
Greg Hayes, City Engineer, said there was a meeting with MoDot on Friday, November 21st. MoDot has agreed to accept the entire project, The city will retain Bartlett & West but MoDot will contract management.
A preliminary survey will be done and construction should commence in late 2010.
b) Demolition Board Modifications.
Les Hudson, Code Enforcement, said there are changes that need to be made to the Demolition Board and possibly some changes in the rules.
Les said that currently there are three members on the Demolition Board with two alternates. He suggested hiring an outside firm as it is hard to go against fellow business owners. There is a company in Columbia that would discuss possibilities with Fulton.
Much discussion followed. The council and Bill Johnson suggested contacting other communities and receive their sample ordinances dealing with this issue to discuss at a future meeting.
NEW BUSINESS:
a) Update from Greg Hayes on the Airport Advisory Board meeting held on Monday, November 10th.
Greg Hayes said the board discussed the proposed 2009 budget and that in 2009, they will secure a design consultant for the Airport Master Plan and improving light on Runway 5-23.
Travis St. John, Airport Manager, gave his report to the board. Travis feels that obtaining a new credit card fueling pump was added to the 2009 budget as this will add to the city's fuel sales with the ability to fuel night and day.
b) Update from LeRoy Benton, council liaison, on the Utility Board meeting held on Monday, November 24th.
Due to a lack of quorum, the Utility Board did not meet on Monday.
c) Snow Removal.
Bill Johnson addressed a copy of an Agreement for Reimbursement for Snow Removal that was presented to the council.
This proposed agreement would be with the Richland Heights Subdivision Association and the city to have the city perform snow removal and ice from Richland Heights Road and the Association would reimburse the city $100.00 per two inch snowstorm event, and an additional $100.00 for every additional call-out for providing this service.
The council had two members absent at this meeting, therefore, postponed this discussion until the next council meeting.
RESOLUTIONS:
Resolution 3024 was presented and read by Councilwoman Digh.
Resolution 3024 - A Resolution Authorizing the Mayor, on behalf of the C.O.F., to sign all necessary documents for a Preliminary Grant Application to the Mid-Missouri Solid Waste Management District for funding for a Split Hopper Rear Loader for the continuation and enhancement of the city's recycling program (Copy is included in the official Resolution Book).
Motion was offered by Councilwoman Digh and seconded by Councilwoman Gohring to adopt Resolution 3024 at this council meeting. Motion carried with six members of the council voting in favor and two members (Benton and Pautz) absent.
Resolution 3025 was presented and read by Councilman West.
Resolution 3025 - A Resolution Authorizing the Mayor, on behalf of the C.O.F., to execute a Contract with Ken Kauffman Construction Company, Jefferson City, in the amount of $119,280.00 for the 2008 Sanitary Sewer Project, and establishing an effective date (Copy is included in the official Resolution Book).
Motion was offered by Councilman West and seconded by Councilman Bill to adopt Resolution 3025 at this council meeting. Motion carried with six members of the council voting in favor and two members (Benton and Pautz) absent.
Resolution 3026 was presented and read by Councilman Bill.
Resolution 3026 - A Resolution Authorizing the Mayor & City Clerk, on behalf of the C.O.F., to execute an Animal Services Agreement with the Central Missouri Humane Society for services and establishing an effective date (Copy is included in the official Resolution Book).
Motion was offered by Councilman Bill and seconded by Councilwoman Gohring to adopt Resolution 3026 at this council meeting. Motion carried with six members of the council voting in favor and two members (Benton and Pautz) absent.
Resolution 3027 was presented and read by Councilman Moore.
Resolution 3027 - A Resolution Authorizing the Mayor, on behalf of the City of Fulton, to execute a contract with Panhandle Eastern Pipeline, a Delaware limited partnership, to modify the city's receipt point for natural gas at Haven, and establishing an effective date (Copy is included in the official Resolution Book).
Motion was offered by Councilman Moore and seconded by Councilwoman Digh to adopt Resolution 3027 at this council meeting. Motion carried with six members of the council voting in favor and two members (Benton and Pautz) absent.
Resolution 3028 was presented and read by Councilman Harris.
Resolution 3028 - A Resolution Authorizing the Mayor, on behalf of the City of Fulton, to execute a contract with Panhandle Eastern Pipeline, a Delaware limited Partnership, to eliminate the designated Fulton and Enron and now designate Proliance Energy as the receipt point for natural gas, and establishing an effective date (Copy is included in the official Resolution Book).
Motion was offered by Councilman Harris and seconded by Councilwoman Gohring to adopt Resolution 3028 at this council meeting. Motion carried with six members of the council voting in favor and two members (Benton and Pautz) absent.
ORDINANCES:
Bill No. 1256 was presented for second 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 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 Pautz) absent.
Bill No. 1257 was presented for second 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 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 Pautz) absent.
Bill No. 1258 was presented for second reading by Councilman Harris.
Bill No. 1258 - An Ordinance Authorizing the Mayor, on behalf of the C.O.F., to enter into a Commercial and 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 (Copy is included in the official Ordinance Book).
Motion was offered by Councilman Harris and seconded by Councilman Moore to place Bill No. 1258 for third reading at this council meeting. Motion carried with six members of the council voting in favor and two members (Benton and Pautz) absent.
Bill No. 1258 was presented for third reading by Councilman Harris.
Motion was offered by Councilman Harris and seconded by Councilman Moore to place Bill No. 1258 for final passage at this council meeting. Motion carried with six members of the council voting in favor and two members (Benton and Pautz) absent.
Roll call vote of members of the council was as follows: Bill, yes; Digh, yes; Gohring, yes; Harris, yes; Moore, yes; and West, yes. Bill No. 1258 having received the affirmative vote of six
members of the council and two members (Benton and Pautz) absent, was declared passed by the President of the council.
Bill No. 1259 was presented for second 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.
Mayor Latham said the city had discussed the need for a new landfill as early as April 2007.
Councilman West said he has received two phone calls from residents who are opposed to the landfill. He personally toured the landfill in Jefferson City and it was clean and well maintained.
Motion was offered by Councilman Bill and seconded by Councilman Moore to place Bill No. 1259 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 Pautz) absent.
Bill No. 1260 was presented for first reading by Councilman West.
Bill No. 1260 - An Ordinance Authorizing the Mayor, on behalf of the City of Fulton, to enter into a Residential Real Estate Sale Contract with Cecil David Graves and Heather J. Graves to purchase certain property within the City of Fulton, known as 516 Market Street for the sum of One Hundred Five Thousand Dollars ($105,000.00), and establishing an effective date.
Motion was offered by Councilman West and seconded by Councilman Moore to place Bill No. 1260 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 Pautz) absent.
Councilman Moore asked the council to consider giving the day after Christmas (being a Friday) off to all city employees.
After some discussion, motion was offered by Councilman Moore and seconded by Councilman Harris to authorize the day after Christmas a holiday for all city employees. Motion carried with six members of the council voting in favor and two members (Benton and Pautz) absent.
Mayor Latham gave an executive order that City Hall would close at noon on Christmas Eve for all city departments.
APPOINTMENTS:
Mayor Latham asked for approval from the council to re-appoint Gail Pautz to the Extension Board and Sherrie Taggart as a city and county appointment to the Tourism Board; and to appoint Sue Lippincott as the city representative to the Callaway Animal Board.
Motion was offered by Councilman Bill and seconded by Councilwoman Gohring to approve these appointments as presented. Motion carried with six members of the council voting in favor and two members (Benton and Pautz) absent.
ANNOUNCEMENTS:
The city clerk announced that petitions for the office of City Prosecuting Attorney and City Council for Wards One, Two, Three and Four may be picked up from the City Clerk's Office on Monday through Friday, 8:00 a.m. to 5:00 p.m. The first day of filing is Tuesday, December 16th, 2008.
She gave a reminder of the Mayor's Annual Holiday Social on Friday, December 12th in the Atrium of City Hall from 4:00 to 7:00 p.m.
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 Moore to adjourn this meeting. Motion carried with six members of the council voting in favor, two members (Benton and Pautz) absent, and the meeting adjourned at 8:27 p.m.
Charles M. Latham, Mayor
Carolyn L. Laswell, CMC/MRCC
City Clerk