CITY COUNCIL MINUTES
DECEMBER 19, 2006
The Council of the City of Fulton, Missouri, met in regular session and held two (2) Public Hearings on Tuesday, November 28, 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 6:30 p.m. Roll call was taken by the City Clerk and members of the council present were Benton; Bill; Chailland; McCall; Moore; and Pautz. Absent were councilmembers Gohring and Harris. Also present were Patrick Bonnot, Asst. to the Director of Administration; Les Hudson, Code Enforcement Officer; J. C. Miller, Solid Waste Manager; Dean Buffington, Fire Chief; Darrell Dunlap, Superintendent of Utilities; Clay Caswell, Parks & Recreation Director; J. C. Miller, Solid Waste Manager; Sherri Redmon, Human Resource Director; Greg Hayes, City Engineer; Sharon Cleveland, Purchasing Agent; Arlene M. Jackson; Karen Digh; Ned Digh; Esther Digh; Dave Kern; Cindy Tanner; Kenneth McSwain; Robert Bullern; Kerensa Rupard; John Rupard; Andre Cook; Joe Schram; Kevin Coffelt; Roger Rice; Mark Sommerhauser, Reporter for THE FULTON SUN; Jeremy Polston and Justin Dean, Audio/Video.
INVOCATION:
Invocation was given by Rev. Robert Bullock of the First Presbyterian Church.
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.
Kenneth McSwain, 719 Kleewood Drive, addressed the cell tower that is located by the YMCA. He said this issue is very controversial and asked the council to whose benefit is this cell tower?
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 Myrtle Street and a nineteen foot platted alley located between Myrtle and North Bluff Streets, with the city retaining easements for all utilities at these locations.
This hearing was now declared open at 6:40 p.m.
There were three calls issued for anyone wishing to speak IN OPPOSITION of this proposed abandonment.
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 proposed abandonment.
First Call: Karen Digh,#6 Ivy Lane, stated that she is in full support of this proposed abandonment.
Second Call: Arlene Jackson, 211 E. 14th Street, said she is in favor of this proposed abandonment.
Third Call: There were none.
This Public Hearing declared closed at 6:43 p.m.
Hearing Two:
The purpose of this Post-Deprivation Hearing is to discuss the revoking of the City of Fulton Business License of Lionel J. Finney, Finney 4 Enterprise, d/b/a The House.
This hearing was declared open at 6:44 p.m.
Mr. Lionel Finney was not present at this council meeting.
Police Chief Steve Myers and Fire Chief, Dean Buffington referred to the emergency meeting held last Thursday evening. Chief Myers spoke with Mr. Finney and advised him of the emergency council meeting on Thursday, December 14, 2006 and of this formal hearing at tonight's, December 19th, 2006 council meeting. Chief Myers again called Mr. Finney today and left him a reminder message of this hearing.
There were police officers present at this meeting, who have submitted reports that were included in the council packet. Chief Myers said this is an on-going investigation. On many occasions, there have been more than fifty (50) people in that building, and fifty persons is the stated building capacity.
Dean Buffington, Fire Chief, said there have been numerous attempts to get their ongoing fire code violations addressed but to no avail. These violations were also included in the council packet.
Chief Myers asked the council to permanently revoke Lionel J. Finney, Finney 4 Enterprises, d/b/a The House at tonight's council meeting.
Bill Johnson, Director of Administration, reinstated that Mr. Finney had been asked to attend this meeting to support his side of this case. He then asked if there was anyone present at this hearing, that is representing Lionel J. Finney, Finney 4 Enterprises, d/b/a The House? There were none.
Mr. Johnson asked if the state statutes have been violated and Chief Myers said, yes.
Mr. Johnson asked if the City of Fulton regulations have been violated, and Chief Myers said, yes.
This Public Hearing was declared closed at 6:50 p.m.
Mr. Johnson asked if Lionel J. Finney, Finney 4 Enterprises, d/b/a The House, City of Fulton Business License be revoked, and Chief Myers said, yes and submitted the packet of information that was included in the council packet.
Motion was offered by Councilman Pautz and seconded by Councilwoman Chailland to revoke the City of Fulton Business License, Finney 4 Enterprises, d/b/a The House, located at 1205 Old Jefferson City Road, based on the evidence submitted. Motion carried with six members of the council voting in favor and two members (Gohring and Harris) absent.
Mayor Craghead said there needed to be an amendment to tonight's agenda by adding Bill No. 1168 for third reading.
Motion was offered by Councilman Moore and seconded by Councilman Benton to amend the council agenda to add Bill No. 1168 for third reading at tonight's council meeting. Motion carried with six members of the council voting in favor and two members (Gohring and Harris) absent.
MINUTES:
The council meeting minutes for November 28, 2006 were presented for approval.
Motion was offered by Councilman Benton and seconded by Councilman Bill that council meeting minutes for November 28, 2006, be approved as presented. Motion carried with six members of the council voting in favor and two councilmembers (Gohring and Harris) absent.
The council meeting minutes for the special meeting on December 14, 2006 were presented for approval.
Motion was offered by Councilman Bill and seconded by Councilwoman Chailland that council meeting minutes for December 14, 2006, be approved as presented. Motion carried with six members of the council voting in favor and two members (Gohring and Harris) absent.
FINANCIALS:
The Financials for the month of November were presented to the council. Bill Johnson, Director of Administration was present to answer any questions from the council.
Mr. Johnson asked the council if the city should buy more gas or wait and see how the market goes.
Councilwoman Chailland said just so the city keeps it so that gas prices do not have to be raised.
Councilman Benton suggested that 50-60% of the gas needed be bought and the price locked in.
Bill Johnson said the city will continue to watch carefully every day and buy conservatively.
After some review, motion was offered by Councilman Moore and seconded by Councilman Benton to accept the Financials for November as presented. Motion carried with six members of the council voting in favor and two members (Gohring and Harris) 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.
Councilman Benton mentioned problems at the Sewer Plant. Darrell Dunlap, Superintendent of Utilities, said there were some EPA digestive issues but that Alliance Water Resources and the city are working together to solve them. By the end of the year the waste levels will be down. The new manager of the wastewater plant will start next week.
An update on lighting of the south end was discussed and the state has reviewed our plan and the lights are now on order.
Councilwoman Chailland she has received many calls about the leaking water lines on Grand Street and St. Michaels.
Greg Hayes, City Engineer, said dead end streets are a real problem, therefore, the city is postponing any more increase in water pressure or any other changes to the water system until after the holidays.
After some discussion, motion was offered by Councilman Moore and seconded by Councilman Pautz to accept the Director of Administration Report for the month of November as presented. Motion carried with six members of the council voting in favor and two members (Gohring and Harris) absent.
OLD BUSINESS:
A power point presentation on the proposed sales tax for stormwater and the Parks was shown to the council. This was the first time this presentation has been made to an actual group of people.
Clay Caswell, Parks & Recreation Director, and Greg Hayes, City Engineer, made the presentation and answered any questions from the council.
Greg Hayes said this presentation was going to be shown to the YMCA on December 20th.
A Cell Tower discussion was proposed at the last council meeting to see what the council could do about cell towers in this community. In the council packet, a set of other ordinances from different communities pertaining to cell towers were enclosed.
Councilwoman Chailland said she is receiving numerous calls from concerned citizens on the construction of the new cell tower. She asked if the city would raise the liability insurance due to the closeness to residences and the high school.
Councilman McCall said perhaps the cell towers should be made to go on the water towers and hold a public hearing for the citizens benefit.
Councilwoman Gohring arrived at 7:40 p.m.
Mayor Craghead said he could talk to the YMCA and the cell tower owners to see if the actual tower could be camouflaged.
Councilman Moore stated that the Kleewood residents are not the only neighborhood that had a cell tower constructed among residences that citizens were upset about. The residents in his ward are very upset also but figured that nothing constructive could be done about it.
Councilman Benton suggested holding some work session and present a list to city attorney to draft a new cell phone ordinance.
Motion was offered by Councilman Moore and seconded by Councilwoman Gohring to have the administration and the YMCA meet with the cell phone company and work on a beautification of the cell tower; and facilitate a meeting with citizens and the cell phone company. Motion carried with seven members of the council voting in favor and one member (Harris) absent.
Mayor Craghead recessed the council at 8:00 p.m. and reconvened at 8:12 p.m.
NEW BUSINESS:
a)Discussion and motion needed on the letter from the Village of Kingdom City requesting a letter stating the city has no objections to the proposed annexation.
Bill Johnson said that Kingdom City wants to annex toward Fulton along Highway 54 and come down County Road 209. By doing this, there will not be any Highway 54 between the two towns that is not in an unincorporated area.
After some discussion, motion was offered by Councilman McCall and seconded by Councilman Pautz to have the administration write the letter to Kingdom City stating that Fulton has no objections to the proposed annexation. Motion carried with seven members of the council voting in favor and one member (Harris) absent.
RESOLUTIONS:
Resolution 2850 was present and read by Councilman Bill.
Resolution 2850 - A Resolution Authorizing the Mayor, on behalf of the C.O.F., to sign all necessary documents to execute an Agreement with the Fulton State Hospital for Trash Removal and Landfill Services which will automatically renew on an annual basis until terminated by either party (Copy is included in the official Resolution Book).
Motion was offered by Councilman Bill and seconded by Councilman Bill to adopt Resolution 2850 at this meeting. Motion carried with seven members of the council voting in favor and one member (Harris) absent.
Resolution 2851 was presented and read by Councilman Benton.
Resolution 2851 - A Resolution Authorizing the Mayor, on behalf of the C.O.F., to sign all necessary documents to execute a Territorial Agreement with Callaway Electric Cooperative establishing territorial rights to five tracts of land for retail electrical service (Copy is included in the official Resolution Book).
Motion was offered by Councilman Benton and seconded by Councilwoman Gohring to adopt Resolution 2851 at this meeting. Motion carried with seven members of the council voting in favor and one member (Harris) absent.
Bill No. 2852 was presented and read by Councilman McCall.
Resolution 2852 - A Resolution authorizing the Mayor, on behalf of the C.O.F., to execute a Professional Agreement with Alliance Water Resources, Inc., Columbia, MO, for the Management, Operation & Maintenance of the city's water system including Wells, Storage and Distribution Facilities pursuant to a Service Agreement dated January 1, 2003 (Copy is included in the official Resolution Book).
Motion was offered by Councilman McCall and seconded by Councilman Moore to adopt Resolution 2852 at this meeting. Motion carried with seven members of the council voting in favor and one member (Harris) absent.
Resolution 2853 was presented and read by Councilman Moore.
Resolution 2853 - A Resolution authorizing the Mayor, on behalf of the C.O.F., to execute an extension for a period of two years of the existing Memorandum of Understanding with Local 2945 International Association of Firefighters (Copy is included in the official Resolution Book).
Motion was offered by Councilman Moore and seconded by Councilman Pautz to adopt Resolution 2853 at this meeting. Motion carried with seven members of the council voting in favor and one member (Harris) absent.
Resolution 2854 was presented and read by Councilwoman Gohring.
Resolution 2854 - A Resolution authorizing the Mayor, on behalf of the C.O.F., to sign all necessary documents pertaining to the application to the Assistance to Firefighter's Fire Prevention & Safety Grant (Copy is included in the official Resolution Book).
Motion was offered by Councilwoman Gohring and seconded by Councilman Moore to adopt Resolution 2854 at this meeting. Motion carried with seven members of the council voting in favor and one member (Harris) absent.
Resolution 2855 was presented and read by Councilman Moore.
Resolution 2855 - A Resolution authorizing the Mayor, on behalf of the C.O.F., to sign all necessary documents pertaining to the application to the US Smokeless Tobacco Grant for an ATV with no match required (Copy is included in the official Resolution Book).
Motion was offered by Councilman Moore and seconded by Councilman Pautz to adopt Resolution 2855 at this meeting. Motion carried with seven members of the council voting in favor and one member (Harris) absent.
ORDINANCES:
Bill No. 1172 was presented for first reading by Councilman Pautz.
Bill No. 1172 - An Ordinance Amending Chapter 110 Traffic & Vehicles, Fulton City Code by adding a Street to Section 110-341. Parking on Certain Streets Prohibited or Limited, and establishing an effective date.
Motion was offered by Councilman Pautz and seconded by Councilman McCall to place Bill No. 1172 for second reading at the next regularly scheduled council meeting. Motion carried with seven members of the council voting in favor and one member (Harris) absent.
Bill No. 1173 was presented for first reading by Councilman Bill.
Bill No. 1173 - An Ordinance for the Cit of Fulton to vacate a 15' Sewer Easement and a 10' Temporary Construction Easement located in the Bell Jameson & Lloyd's Forest Park Subdivision.
Motion was offered by Councilman Bill and seconded by Councilman Pautz to place Bill No. 1173 for second reading at the next regularly scheduled council meeting. Motion carried with seven members of the council voting in favor and one member (Harris) absent.
Bill 1169 was to be placed for second reading at tonight's council meeting if it was removed from the table. Before being removed, the council discussed having Planning & Zoning Commission consulted for further input.
Bill No. 1169 - An Ordinance Vacating a portion of unnamed right-of-way between Collier and Blackburn Streets within the C.O.F., and establishing an effective date.
Dave Kerns, owner of the property in this issue, asked what is Planning and Zoning for, already been there and did that.
After some discussion, motion was offered by Councilman McCall and seconded by Councilwoman Gohring to re-table Bill No. 1169 pending Planning & Zoning information. Motion carried with five members of the council voting in favor, two members (Benton and Bill) voting against, and one member (Harris) absent.
APPOINTMENTS:
Mayor Craghead said he had several appointments to be presented to the council for approval at tonight's meeting. He submitted the name of Shad Salmons to serve on the Board of Adjustment, replacing the vacancy of John Pautz.
Motion was offered by Councilman Pautz and seconded by Councilman McCall to approve the appointment of Shad Salmons to the Board of Adjustment. Motion carried with seven members of the council voting in favor and one member (Harris) absent.
Mayor Craghead presented the name of Cathy McGeorge as the city representative to the Tourism Board.
Motion was offered by Councilman Moore and seconded by Councilman Pautz to approve the appointment of Cathy McGeorge to the Tourism Board. Motion carried with seven members of the council voting in favor and one member (Harris) absent.
ANNOUNCEMENTS:
The city clerk reminded citizens that petitions can be picked up from her office for Mayor, Council and Prosecuting Attorney, Monday through Friday, 8:00 a.m. to 5:00 p.m. Final filing date is Tuesday, January 16th.
EXECUTIVE SESSION:
Mayor Craghead said there was no need for an executive session at tonight's meeting.
ADJOURNMENT:
There being no further business to come before the council, motion was offered by Councilman McCall and seconded by Councilman Pautz to adjourn this meeting. Motion carried with seven members of the council voting in favor, one member (Harris) absent, and the meeting adjourned at 8:40 p.m.
Robert W. Craghead, Mayor
Carolyn L. Laswell, CMC/MRCC
City Clerk