CITY COUNCIL MINUTES
DECEMBER 16, 2008
The Council of the City of Fulton, Missouri, met in regular session on Tuesday, December 16, 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 6:30 p.m. Roll call was taken by the City Clerk and members of the council present were Benton; Digh; Gohring; Harris; Pautz; and West. Absent were councilmembers Bill and Moore. Also present were Matt Harline, Assistant to the Director of Administration; 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; Sharon Cleveland, Purchasing Agent; Sherri Redmon, Human Resources Director; Clay Caswell, Parks & Recreation Director; Doc & Linda Kritzer; David White; Robert Schaefer; Linda Schaefer; Robin Schaefer; Joseph Deville; Lee Elliott; Vernon Clatterbuck; Angie Craig; David Craig; Bonnie McVeigh; Francis McVeigh; Ben Phillips; Lynn Carrington; Bill Whitlow; Laurie Whitlow; Rose Lee Hogan; Donald Bonny; Ann Cope; Amanda Harris; Michelle Jett; Mrs. Dan Pendergras; Andrew Payne; Gail Evans; Karl Evans; 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 8. b) Kingdom Projects - Recycling.
Motion was offered by Councilman Pautz and seconded by Councilwoman Digh to amend the agenda as Mayor Latham requested. Motion carried with six members of the council voting in favor and two members (Bill and Moore) absent.
Councilman Moore arrived at 6:33 p.m.
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 Schaefer, said that 85% of the residents are against the proposed location of the landfill. He said the downtown businesses are unanimously against this proposed location.
Ben Phillips, 1512 Westminster Avenue; said he is against this proposed location and thinks the landfill should be located more out of sight.
Mrs. Don Pendergras, said she is retired and Fulton is a beautiful town and why would the city consider this location for a landfill. It will only bring lots of sickness to the community. She thinks the city should charge more for recycables and promote that program.
David White, said he wishes to protect his business and his community. He said it was the city's fault for placing the airport by the landfill initially. Mr. White asked the council to hold on the vote at tonight's meeting.
Linda Schaeffer, said she spoke with Mexico, Missouri on how they deal with their trash by hiring an outside the city contractor to haul away their trash. Why can't Fulton do the same?
Robin Schaeffer, asked the council what if Allied owns this piece of land and then decides to move. Then, what happens to the neighborhood and that wasted land?
Gail Evans, said this issue is a pandora's box, a wasted use of the land and a short-term decision.
Bill Whitlow, asked if they could ask questions of the council later on in the meeting and Mayor Latham said "maybe".
Lee Elliott, Fulton is progressive and the downtown area is vibrant so why locate a landfill in this proposed location. He said he is afraid the city will learn to regret it later on.
Angela Craig, is the mother of three and is devastated over this issue. How would you like a landfill in your backyard?
Laurie Whitlow, asked David White to speak on her behalf.
David White said REA is spending beaucoup money on their construction site, which is next door to the proposed location of the landfill, what do they think of this idea? He suggested the city appoint a committee to study this issue further.
Several other citizens said why doesn't the city look for another location.
Joan Schivers, said she lives across from the present landfill and this proposed location is a bad idea.
Amanda Harris, said she and her husband are first time homeowners and do not support this location at all. She thinks the city should take more time and not rush their decision.
Richard Vaughan, asked the city to take more time.
Rose Lee Hogan, is a Holts Summit resident but is a member of a church located within the proposed location. Landfills smell!
Donald Bonny, when they lived in St. Charles, Missouri, the landfill smelled!
MINUTES:
The council meeting minutes for November 25, 2008 were presented for approval.
Motion was offered by Councilman West and seconded by Councilwoman Gohring that council meeting minutes for November 25, 2008 be approved as presented. Motion carried with seven members of the council voting in favor and one member (Bill) absent.
DIRECTOR OF ADMINISTRATION REPORT FOR NOVEMBER:
The Director of Administration Report for November 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 Pautz and seconded by Councilman West to accept the Director of Administration Report for November as presented. Motion carried with seven members of the council voting in favor and one member (Bill) absent.
OLD BUSINESS:
a) Continued Discussion on Richland Heights Snow Removal Agreement.
Councilwoman Digh said she was afraid the city might be setting a precedent on this issue. Some discussion followed.
Mayor Latham said a resolution will be presented later on in the meeting, for the council to vote upon in this issue.
NEW BUSINESS:
a) Discussion of Disc Golf Course Proposal with Jim Case.
Clay Caswell, Parks & Recreation Director, introduced Jim Case who explained to the council about putting in a frisbee golf course around Veteran's Park. There would be periodic tournaments in the park bringing in visitors to Fulton from all over.
A map was given to the council showing the proposed location in Veteran's Park. The total cost of the project is $6,000. Mr. Case said there are two courses in Columbia.
After some discussion, motion was offered by Councilman Harris and seconded by Councilman Pautz to proceed with putting in a frisbee golf course around Veteran's Park. Motion carried with seven members of the council voting in favor and one member (Bill) absent.
b) Kingdom Projects - Recycling.
Councilman Pautz asked that additional roll-offs be placed over the holiday season.
Bill Johnson said he would talk with Lon Little, Kingdom Projects, about the importance of available containers over the Christmas season.
RESOLUTIONS:
Resolution 3029 was presented and read by Councilman Harris.
Resolution 3029 - A Resolution Authorizing the Mayor, on behalf of the C.O.F., to execute a document authorizing that a total of $150,000.00 to be made in Quarterly Installments of $37,500.00 be paid to the Callaway County Emergency Operations Center (EOC) for services during the calendar year 2009, and establishing an effective date (Copy is included in the official Resolution Book).
Motion was offered by Councilman Harris and seconded by Councilman Moore to adopt Resolution 3029 at this council meeting. Motion carried with seven members of the council voting in favor and one member (Bill) absent.
Resolution 3030 was presented and read by Councilman Pautz.
Resolution 3030 - A Resolution Authorizing the Mayor, on behalf of the C.O.F., to enter into an Agreement with the Richland Heights Subdivision Association for Snow Removal Services (Copy is included in the official Resolution Book).
Motion was offered by Councilman Pautz and seconded by Councilman Moore to adopt Resolution 3030 at this council meeting. Motion failed with two members (West and Moore) of the council voting in favor, five members (Benton, Digh, Gohring, Harris, and Pautz) voting against and one member (Bill) absent. Resolution 3030 failed.
Resolution 3031 was presented and read by Councilman Benton.
Resolution 3031 - A Resolution Authorizing the Mayor, on behalf of the C.O.F., to execute a contract with Meyer Electric Company of Jefferson City, in the amount of $83,719.00 for the 2008 Bluff Street and St. Louis Avenue Traffic Signal Improvement Project contingent upon meeting all state requirements, and establishing an effective date (Copy is included in the official Resolution Book).
Motion was offered by Councilman Benton and seconded by Councilman West to adopt Resolution 3031 at this council meeting. Motion carried with seven members of the council voting in favor and one member (Bill) absent.
ORDINANCES:
Bill No. 1261 was presented for first reading by Councilman Harris.
Bill No. 1261 - An Ordinance Repealing Sec. 22-27.
Application, of Chapter 22 Businesses, of the Fulton City Code and Enacting a new Section 22-27. Application, and establishing an effective date.
Motion was offered by Councilman Harris and seconded by Councilman West to place Bill No. 1261 for second reading at the next regularly scheduled council meeting. Motion carried with seven members of the council voting in favor and one member (Bill) absent.
Bill No. 1260 was presented for second reading by Councilman West.
Bill No. 1260 - An Ordinance Authorizing the Mayor, on behalf of the C.O.F., to enter into a Residential Real Estate Sale Contract with Cecil David Graves & Heather J. Graves to purchase certain property within the C.O.F., known as 516 Market Street for the sum of One Hundred Five Thousand Dollars ($105,000.00) & establishing an effective date (Copy is included in the official Ordinance Book).
Motion was offered by Councilman West and seconded by Councilwoman Gohring to place Bill No. 1260 for third reading at this council meeting. Motion carried with seven members of the council voting in favor and one member (Bill) absent.
Bill No. 1260 was read for the third time by Councilman West.
Motion was offered by Councilman West and seconded by Councilwoman Gohring to place Bill No. 1260 for final passage at this council
meeting. Motion carried with seven members of the council voting in favor and one member (Bill) 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 Benton, no. Bill No. 1260 having received the affirmative vote of six members of the council, one member (Benton) voting against, and one member (Bill) absent, was declared passed by the President of the council.
Bill No. 1256 was presented for third 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 (Copy is included in the official Ordinance Book).
Motion was offered by Councilwoman Digh and seconded by Councilman Moore to place Bill No. 1256 for final passage at this council meeting. Motion carried with seven members of the council voting in favor and one member (Bill) absent.
Roll call vote of members of the council was as follows: Gohring, yes; Harris, yes; Moore, yes; Pautz, yes; West, yes; Benton, yes; and Digh, yes. Bill No. 1256 having received the affirmative vote of seven members of the council and one member (Bill) absent, was declared passed by the President of the council.
Bill No. 1257 was presented for third 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 (Copy is included in the official Ordinance Book).
Motion was offered by Councilwoman Gohring and seconded by Councilman West to place Bill No. 1257 for final passage at this council meeting. Motion carried with seven members of the council voting in favor and one member (Bill) absent.
Roll call vote of members of the council was as follows: Harris, yes; Moore, yes; Pautz, yes; West, yes; Benton, yes; Digh, yes; and Gohring, yes. Bill No. 1257 having received the affirmative vote of seven members of the council and one member (Bill) absent, was declared passed by the President of the council.
Bill No. 1259 was to be presented for third reading.
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.
Councilman Moore said he thought this ordinance should be tabled at tonight's meeting for further review and discussion.
Councilman West and Councilwoman Digh said they thought questions should be written as both sides need to operate on facts.
Councilman Harris said the city needs to bring facts out to everyone as there are lots of untruths circulating around the community.
Councilwoman Gohring said facts should be put down on paper as the facts would be more concrete.
The council asked that an informative public meeting be scheduled in January with all citizens welcome. It was decided to hold this Public Meeting at a larger place than the council chambers. Time and place will be announced when plans are in place.
After much discussion, motion was offered by Councilman Harris and seconded by Councilwoman Gohring to table Bill No. 1259 at this council meeting. Motion carried with seven members of the council voting in favor and one member (Bill) absent.
The citizens present at this council meeting, thanked the council for more time for review and discussion.
APPOINTMENTS:
Mayor Latham asked for approval from the council to make recommendations to the State for the appointments of Rick Gohring and Dennis Depping. as the school district representatives; Rosemary Augustine replacing the position of Tom Howard; and the re-appointments of Walter Oestreich, Jr., and Mike Boulware; all on the TIF Commission.
Motion was offered by Councilman Moore and seconded by Councilman West to grant approval for the appointments to the TIF Commission as presented. Motion carried with seven members of the council voting in favor and one member (Bill) 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.
The city clerk thanked Sharon Cleveland, Cathy Haymart, Sue Slaughter, Linda Robinson, Jeremy Polston and Les Hudson for all their assistance in hosting the Mayor's Annual Holiday Social.
Reminder of the Kingdom of Callaway Chamber of Commerce Annual Banquet on Friday, January 9th, 2009 in Backer Dining Hall on the campus of Westminster College. Please RSVP to the city clerk by Wednesday, December 31st.
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 Councilwoman Digh to adjourn this meeting. Motion carried with seven members of the council voting in favor, one member (Bill) absent, and the meeting adjourned at 8:15 p.m.
Charles M. Latham, Mayor
Carolyn L. Laswell, CMC/MRCC
City Clerk