MINUTES
OF A REGULAR MEETING
OF
THE CITY COUNCIL
A regular meeting of the City
Council of the City of
PLEDGE
OF ALLEGIANCE
The Pledge of Allegiance was
given.
INVOCATION
Mayor
Mandel requested a moment of silent meditation.
ROLL
CALL
Mr.
Kreuter Council
Member Ward I
Dr.
Barton Council
Member Ward I
Mr.
Murray Council
Member Ward II
Mrs.
Trout Council
Member Ward II
Mr.
Kassander Council
Member Ward III
Mr.
Lagos Council
Member Ward III
Mr.
Wolkowitz Council
Member Ward IV
Ms.
Bryant Council
Member Ward IV
PUBLIC
HEARING
A
Public Hearing was held to:
Consider
a request for a Conditional Use Permit and Site Development Plan for Pioneer
Bank to be located at
Mayor
Mandel stated this is listed as Item 5 on the Agenda and asked members of Council
if they desired to consider this Bill at this meeting? It was the consensus of members of Council
that Item 5 be considered.
COMMENTS
FROM THE GENERAL PUBLIC
Mr.
Mark Zellmer, 443 Falaise, addressed the Council in regard to the ice facility
and stated he had two members of the Hockey Program; Ryan Finkelstein and Nick
Zellmer and he wanted to show the Council the main people that use this
rink. Mr. Zellmer stated the importance
of dates on this project was very important and if this project was going to go
forward it had to be between a March and September time period because of the
Hockey Programs which he outlined. He
stated if a full winter season or a portion of it was lost, there would be a
problem, as the people who use it would go to other places. He stated he felt when the sales tax was
passed to build the rink that the City had made a major commitment to the
community and he hoped they would keep that commitment. The feasibility studies have all been done
and discussed as well as the parking, which he outlined and stated he did not
feel parking was an issue. Mr. Zellmer
stated a rink of 185-200 feet was regulation and if the Council wanted to build
a 185-foot rink because of the cost they felt that was fine that they felt it
was more important that something be done as it had been discussed for three
years. Mr. Zellmer read a portion of the Ice Rink Facility Evaluation Report
and stated he felt they need to do something now.
Ms.
Bryant asked Mr. Zellmer about the price of ice, the 185 vs. 200 feet. Mr. Zellmer stated he did not feel the price
of ice was dictated by size that it was the condition of the rink and the ice
and outlined some of the ice costs for rinks in the area. Mrs. Trout asked what the 15 feet was used
for between the 185-200 feet and Mr. Zellmer advised the central ice zone was
expanded by 15 feet. Mr. Kassander
stated he had a problem building a 185 vs. 200 foot rink from the standpoint
that most of the standard rinks are 200 feet and if the City built a 185 foot
rink that it would be a shorter rink and he felt the Hockey players would have
more of a problem in watching their plays.
Mr. Zellmer stated he felt the issue on the plays was not as big as he
thought and the 185 vs. 200 feet was not their concern that the important thing
was that they do it.
Mr.
Steve Brickman,
Ms.
Judy Finkelstein,
Mr.
Tim Ventgurella, 15980 Woodlet Way Court, addressed the Council in regard to
the ice rink facility. He stated he
lives in Chesterfield but he has done the ice scheduling for the Creve Coeur
Hockey Club for the past three years.
He stated his son played on the Learn to Skate Program in Creve Coeur
and had a very good experience and they have stayed here for the last six
years. Mr. Ventgurella stated they felt
time was of the essence, the size was not that important but that it be a
quality facility. He stated they would
not like to see it interfere with the next season, as the players would go to
other programs.
Mr.
Michael Blair, 12 Country Aire, addressed the Council in regard to the ice rink
facility. He stated he is in charge of
the summer programs for the Creve Coeur Hockey Club and he agreed with what had
been said by the previous speakers. He
stated they would like the 200-foot rink but there were other issues and they
need to make a decision on their summer program right away. He stated the summer program is a moneymaker
for the club and outlined their activities and stated they use approximately
50% of the ice time.
Ms.
Donna Meyer, 240 Chasselle Court, addressed the Council in regard to traffic
calming. She stated she is a member of
the Belle Coeur Neighborhood Assessment Committee and represents the
traffic-calming plan for Chasselle Lane.
Ms. Meyer stated she was speaking on behalf of the residents of that
subdivision with respect to the proposed delay of the implementation of the
one-way restriction on Chasselle until after the completion of the Mason-Ladue
intersection construction. She stated
they felt such a decision would demonstrate unfairness in the City's handling
of the traffic issue. Ms. Meyer stated
the City had implemented a bumper sticker program designed for the residents of
the subdivisions in the area of the I-270/Olive Boulevard construction and felt
they should be given the same consideration.
Ms. Meyer requested they implement the one-way restriction as planned as
well as adding a sticker program for the Belle Coeur residents. Ms. Meyer stated she had talked to the Chair
of the Traffic Committee and it was not the intent of the committee to delay
the December 9 action of the Council to implement traffic measures on
Chasselle. Mr. Kassander stated he had
talked to the Chair of the Traffic Committee to see if this should go to the
Traffic Committee for their recommendation and he had advised he felt it was an
issue the Traffic Committee would be prepared to look at, at their next
meeting. Mr. Kassander stated the
committee would make a recommendation to the Council and the Council would make
the decision.
Ms.
Sharon Thompson, #3 Chasselle, addressed the Council in regard to the traffic
calming. She stated they are glad to
have a Traffic Committee for the residents of the City. Ms. Thompson requested they go forward with
this traffic calming measure and not wait until the Mason/Ladue construction
was completed, as any construction would add traffic to their street.
ADDITIONS
TO - ACCEPTANCE OF THE AGENDA
Mrs.
Trout moved the Ice Rink Facility be added as Item 8, the Chasselle One-Way
Program as Item 9 and the remaining Work Session items.
The
City Administrator requested the Traffic Signal Mast Arms for Tappmeyer House
move be added and Mayor Mandel requested it be listed as Item 7 a.
The
City Attorney requested an item be added under Announcements, Settlement of
Litigation.
Mrs.
Trout amended her motion to include the items as requested by the City
Administrator and Attorney, which motion was seconded by Ms. Bryant.
Mayor
Mandel called for the vote on the Agenda, as amended, with the vote upon such
motion being unanimous.
ANNOUNCEMENTS
The City
Attorney advised for purposes of the Sunshine Law, the lawsuit the City filed
against R.V. Wagner regarding the issues involving the work on Mosley Road has
been settled and as a result of that settlement the lawsuit the City filed
against R V Wagner was being dismissed and Wagner's counter claim against the
City had been dismissed and that litigation was concluded today. A Settlement Agreement is available to the
public upon request.
Mayor Mandel
announced:
The City Council meets at:
6:00 p.m. - Special Meeting and move to
closed session.
6:30 p.m. - 7:30 p.m. - Work Session in
the Council Chamber
7:30 p.m. - Regular Meeting of the City
Council
Public Hearings - None scheduled at
this time.
CONSENT
AGENDA
Mr.
Wolkowitz moved, seconded by Ms. Bryant, approval of the Consent Agenda.
Mr.
Kassander requested Item (F) be removed.
Mayor
Mandel called for the vote on the Consent Agenda, as amended, with the vote
upon such motion being unanimous.
(A) Minutes
Special meeting of the City Council,
January 13, 2003
Regular meeting of the City Council,
January 13, 2003
(B) Accounts Payable in the amount of
$408,981.22
Summary of Accounts by
Departments:
No
Department, No Division - $10,406.00
Legislative
- Mayor-Council - $7,455.82
Administrative
Services - $14.40
Finance, Administration - $930.00
Finance,
Municipal Court - $170.00
Finance,
Interdepartmental - $2,326.93
Community
Services - Ice Arena - $2,969.97
Community
Services - Golf Course - $3,870.96
Community
Services - Food - $1,073.62
Municipal
Facilities, Maintenance - $1,503.72
Police,
Administration - $2,421.65
Police,
Investigations - $442.77
Police,
Patrol - $5,422.22
Public
Works, Administration - $1,489.48
Public
Works, Streets - $25,169.07
Public Works, Health &
Welfare - $31.27
Public
Works, Parks - $3,976.95
Community
Development, Administration - $842.57
Community
Development, Inspections - $2,219.23
Capital
Improvement Fund - $336,244.59
Total
- $408.981.22
(C) Bid for 2003, One-Ton Dump Truck for the
Street Department
The Council
accepted the recommendation of the Public Works Department to approve the bid
from Feld Chevrolet Company to include a snowplow and salt spreader in the
amount of $34,923.00.
(D) Bid for 2003, One-Ton Dump Truck for the
Parks Department
The Council
accepted the recommendation of the Public Works Department to approve the bid
from Feld Chevrolet for a net price of $23,220.00.
(E) Bid for 2003, ¾ Ton Dump Truck for the
Street Department
The Council
accepted the recommendation from the Public Works Department to approve the bid
from Feld Chevrolet with trade-in for a total cost of $20,659.00.
Mayor Mandel stated the next item was
Item (F) removed from the Consent Agenda.
(F) Bid for a Sharp
Copier, AR-507 for the Departments of Public Works and Community Development
Mrs. Trout moved, seconded by Mr.
Wolkowitz, approval of the bid for a Sharp Copier, AR-507 from GFI Digital,
Inc. for a lease agreement of $475.74 monthly for the remainder of the Calendar
Year 2003 and $5,708.88 per year for the next 60 months with the amount to be
divided between the Public Works and Community Development Departments.
Mr. Kassander
stated he had requested the City Administrator to check to see how the copier
bids were accomplished as to the procedure.
The City
Administrator stated proposals were solicited by staff last fall, a request for
bids was issued and requested bids for lease/purchase options. He stated it had been ascertained the most
advantageous for the City was for a lease/option with sealed bids being
received in September. Staff met with
the three top bidders, the bids were reviewed and staff recommended a 60-month
lease to include the maintenance agreement, the low bid of GFI Digital.
Mr. Kassander
stated he did not see the numbers indicate that as the low bid. The City Administrator stated on the purchase
option GFI Digital was not the lowest bid.
The Director of Public Works addressed the Council on this Bid and
outlined their summary. He stated they
had tabulated the purchase price vs. the per month lease. He stated the 60 months cost for SBP Image
Solutions was $29,313.00, Konica Direct was $35,912.80 and GFI Digital was
$29,774.38. He stated including the
networking, scanning and the machine lease of 60 months from GFI Digital was a
price of $29,774.38. Mr. Kassander asked if all the options were included in
the RFP and he was advised they were, which was outlined by the Director of
Public Works.
Mrs. Trout
stated she would like an opportunity to review the bids, as she did not feel
the question that was raised by one of the bidders was answered. The City Administrator asked what the
question was that was raised by the bidder that had not been answered? Mrs. Trout stated it was her understanding
that bids were submitted, bids opened with vendors present and one of the
vendors was the lowest and questions were raised about other alternatives at
the time and the other bidders changed their bid without going out to rebid. Ms. Trout stated she would like to see the
bids and defer this for two weeks and review the documents. The Director of Public Works advised no bids
were altered, they were received. Mrs.
Trout stated she had not said they were altered, that they were asked to
provide additional information but it did not go out to rebid. The Director of
Public Works stated the bids are the same as was received, they had not
requested additional alternatives. He
stated he had informed the bidders the bids would be tabulated and they would
contact all the bidders. Mrs. Trout stated she would like for her own benefit
to understand it better.
Mr. Wolkowitz
stated he was prepared to vote and requested they move forward.
Mayor Mandel
stated there is a motion on the floor to approve the bid and called for the
vote with the vote upon such motion being as follows, to-wit:
Mr.
Lagos - Aye
Mr.
Murray - Aye
Dr.
Barton - Aye
Ms.
Bryant - Aye
Mr.
Kreuter - Aye
Mr.
Wolkowitz - Aye
Mrs.
Trout - Aye
Mr.
Kassander - Aye
UNFINISHED
BUSINESS
2. Bill No.
3186 for an Ordinance granting a Conditional Use Permit and approval of a Site
Development Plan for an addition to St. Timothy's Episcopal Church, 808 North
Mason Road, Final Reading
Mr. Wolkowitz called up Bill
No. 3186 for an Ordinance granting a Conditional Use Permit and approval of a
Site Development Plan for an addition to St. Timothy's Episcopal Church, 808
North Mason Road, be read for the final time, which motion was seconded by Ms.
Bryant.
The City Administrator
stated there were two issues raised by Council at the last meeting; sidewalk
and trees.
The City Planner stated
in regard to the sidewalk, that he had talked to the applicant and they did not
see a need to install a sidewalk. He
stated he had further reviewed the sidewalk use and he had not seen where the
installation or a requirement for a sidewalk would benefit the City. He stated on the tree preservation that the
request was for a Site Development Plan and Conditional Use Permit and the tree
census and preservation in the Subdivision Code requirement is for a
Preliminary Subdivision Plat. He stated they have applied those requirements to
Site Development Plans in some instances and outlined how they are applied. He stated if this requirement was applied on
this application they would be allowed to remove up to 75% of the trees on the
site and they are not removing 75% which he outlined. He stated they propose to plant 12 trees
along the property boundary.
Mayor Mandel called for
the vote on the motion to read Bill No. 3186 for the final time, with the vote
upon such motion being unanimous, Bill No. 3186 was read for the final
time.
Upon motion of Mr.
Wolkowitz, seconded by Ms. Bryant, Bill No. 3186 was put upon its passage with
the vote upon such motion being as follows, to-wit:
Mr.
Lagos - Aye
Mr.
Murray - Aye
Dr.
Barton - Aye
Ms.
Bryant - Aye
Mr.
Kreuter - Aye
Mr.
Wolkowitz - Aye
Mrs.
Trout - Aye
Mr.
Kassander - Aye
2. Bill No.
3186 (Continued)
The vote upon the
passage of Bill No. 3186 being 8 Ayes and No Nays, said Bill was thereupon
presented to the Mayor and President of the City Council who thereupon signed
and approved the same, whereupon said Bill No. 3186 became Ordinance No. 2206
of the City of Creve Coeur, adopted, passed and approved this 27th day of
January, 2003.
3. Bill No.
3187 for an Ordinance to amend Section 26-60, Erosion and Storm Water Control
and Section 26-61, Flood Hazard Control of the Zoning Ordinance, Final Reading
Mr. Wolkowitz called up
Bill No. 3187 for an Ordinance to amend Section 26-60, Erosion and Storm Water
Control and Section 26-61, Flood Hazard Control of the Zoning Ordinance, and
moved said Bill be read for the final time, which motion was seconded by Mr.
Murray, with the vote upon such motion being unanimous, Bill No. 3187 was read
for the final time.
Mr. Wolkowitz moved,
seconded by Mr. Kassander, Bill No. 3187 be put upon its passage with the vote
upon such motion being as follows, to-wit:
Mr.
Lagos - Aye
Mr.
Murray - Aye
Dr.
Barton - Aye
Ms.
Bryant - Aye
Mr.
Kreuter - Aye
Mr.
Wolkowitz - Aye
Mrs.
Trout - Aye
Mr.
Kassander - Aye
The vote upon the
passage of Bill No. 3187 being 8 Ayes and No Nays, said Bill was thereupon
presented to the Mayor and President of the City Council who thereupon signed
and approved the same, whereupon said Bill No. 3187 became Ordinance No. 2207
of the City of Creve Coeur, adopted, passed and approved this 27th day of
January, 2003.
4. Policy
and Procedure for City Maintained Streets to become privately Maintained,
Deferred from Council Meetings of December 9, 2002 and January 13, 2003
Mr. Wolkowitz moved,
seconded by Ms. Bryant, the Policy and Procedure for City Maintained Streets to
become privately maintained be adopted.
The City Administrator
stated that staff has contacted some other cities in regard to standards for
private streets and they have not been able to find any. He stated he felt staff could develop some
but it would take more time and that Council give more thought to if they
wanted to do that and outlined his reasons.
He stated this would be a new standard the City would be imposing on private
streets. He stated the intent was to
provide a policy that provides an administrative procedure in the event a
request was received.
4. Policy
and Procedure for City Maintained Streets to become Private (Continued)
Mrs. Trout
stated she would like to see something in the Policy that does reference
emergency service inability and the City Administrator advised this could be
done.
Mr. Murray
stated that a private street is privately paid for by private people and public
is paid by public people and if they set standards the residents would have to
pay for them and not the City.
Mr. Wolkowitz
stated it was his understanding this would be a standard that would be applied
to all 19 miles of private streets and asked if it applied to the existing
private streets or if they would be grandfathered? The City Administrator stated it was his
opinion that it would have to be applied to all going forward and he did not
know if the City has the ability to grandfather.
Dr. Barton
stated he felt if it could be binding to an existing private street and he felt
they should address the issue if it becomes a problem. He stated he felt private streets would be
self-motivated to maintain their street in an orderly manner as they live on it
and want to retain the value. He stated
if the problem was not there why try to fix it?
Mr. Wolkowitz stated he felt there were private streets where the
neighborhood could not get their own vote together because of the high standard
and there are several subdivisions that have problems. He stated if they were going to have a policy
that imposes a penalty or requires the subdivision to come up to a certain
standard he felt they needed an ordinance rather than a policy. The City Administrator stated he felt they
could have some type of an agreement whereby they would continue to be
maintained. He stated he felt if an ordinance was passed it would apply
unilaterally against all and he felt they would need to do some research on
this. The City Attorney stated his
biggest concern is the health and safety issues and he felt that was an
appropriate minimal standard to require even for the private streets and
anything beyond that to meet esthetic standards are beyond health and safety
issues. The City Administrator stated
they need to look to see if they have the ability to pass an ordinance that
would allow the City to have the work done and then bill the property owners
and if they do not pay, a lien be placed on the properties.
Mr. Kassander
questioned the provision on financial responsibility, if it involved maintenance
or the processing? The City
Administrator stated that would be out-of-pocket costs the City has as well as
reimburse the City for an investment made based on the remaining useful life of
the streets. Mr. Kassander asked if an
escrow fund could be established to guarantee that they would have funds to pay
for repair of a street where there is a problem, which he outlined. The City Administrator stated they could look
into that. The City Administrator
stated he felt one policy they could have and he felt would be a good one is
that the City would not privatize any streets and outlined his reasoning. Mr. Kassander asked about the legal liability
for the City and he was advised by the City Attorney the City was not
liable. The City Attorney advised there
is a nuisance ordinance whereby they can put a lien on property but not on a
private street and such an ordinance would need to be adopted. The City Administrator stated if there is a
feeling on the Council for a Policy decision that they do not want to entertain
this, that this matter had been raised because they had some inquiries in the
past. He stated he has no opposition to
the City having a policy that would indicate that the City would not entertain
a request for a private street, that it could be done by ordinance.
4. Policy and Procedure for City
Maintained Streets to become Private (Continued)
Ms. Bryant
stated it was her understanding that the queries for the future were driven by
concerns of subdivisions that have cut-through traffic into cul de sacs. She stated the concern was if they would no
longer provide cut-through traffic would they have to take the streets
private. The City Administrator stated
that was part of it, that they could gain control of the street. He stated the City in reviewing the request
could say no that there are traffic impacts that could be negative by a street
going private and Council could make a decision to not grant it. Ms. Bryant stated they could still allow a
subdivision to have only one entrance and still keep it a public street and the
City Administrator advised they could.
Mrs. Trout
moved the Policy and Procedure for City maintained streets to become privately
maintained be deferred until the next meeting, which motion was seconded by Dr.
Barton, with the vote upon such motion being unanimous.
NEW
BUSINESS
5. A Bill
for an Ordinance authorizing the issuance of a Conditional Use Permit to allow
drive-in service for Pioneer Bank to be located at 105 North Lindbergh
Boulevard, in the "GC" General Commercial District
Mr. Wolkowitz introduced
Bill No. 3189 for an Ordinance authorizing the issuance of a Conditional Use
Permit to allow drive-in service for Pioneer Bank to be located at 105 North
Lindbergh Boulevard in the "GC" General Commercial District, and
moved said Bill be read for the first time, which motion was seconded by Mrs.
Trout and unanimously carried, whereupon Bill No. 3189 was read for the first
time.
Mr. Wolkowitz moved,
seconded by Mrs. Trout, Bill No. 3189 be read for the second time, with the
vote upon such motion being unanimous, Bill No. 3189 was read for the second
time.
6. A Bill
for an Ordinance for the submission to qualified voters of the City of Creve
Coeur, Missouri, at the General Municipal Election to be held on the 8th day of
April, 2003, a Proposition to amend Article VI, Section 6.1 of the City
Charter, authorizing the St. Louis County Board of Election Commissioners to
conduct said Election and for other matters relating and pertaining to such Election
and Declaring an Emergency
Mr. Murray introduced
Bill No. 3188 for an Ordinance for the submission to qualified voters of the
City of Creve Coeur, Missouri, at the General Municipal Election to be held on
the 8th day of April, 2003, a Proposition to amend Article VI, Section 6.1 of
the City Charter, authorizing the St. Louis County Board of Election
Commissioners to conduct said Election and for other matters relating and
pertaining to such Election and declaring an emergency, and moved said Bill be
read for the first time, which motion was seconded by Mr. Wolkowitz.
Mrs. Trout asked the
number of cities that still have requirements that the City Attorney be a
resident? The City Attorney advised he
did not know, that he did not think there were very many. Mrs. Trout stated she felt there were plenty
of attorneys in the
6. Bill No.
3188 (Continued)
City. Mayor Mandel stated she felt the issue was
that City Attorneys need to have certain kinds of expertise, which she
outlined. Mr. Wolkowitz stated at the
last meeting of the City Council there was a committee appointed to look at
this issue since the present City Attorney had resigned effective on the
appointment of a new City Attorney. He
stated the committee had discussed that they felt it would be in the best
interest of the City long term to have a City Attorney who has city attorney
skills. He stated since the Charter was
first passed the practice of law has evolved significantly to the point attorneys
have focused on particular areas of law and there are attorneys who have
municipal law as their expertise. He
stated he felt they could always hire a city of Creve Coeur municipal land use
attorney as the City Attorney but he did not feel the residents should be
limited only to those geographically within the city. Secondly, they felt it might be good to have
a cooling off period and let the residents vote to allow this and get more
applications, that he felt it might be difficult to get a qualified City
Attorney in the current environment.
Mayor Mandel stated municipal law is not just land use that there are
many other related issues. Mr. Kassander
stated he agreed with Mr. Wolkowitz that they need to open it up to the largest
pool of skilled applicants possible. Ms.
Bryant stated it was her understanding the original Charter did not include
this restriction and it was added later and this would repeal an amendment and
she was advised it was a provision of the original Charter adopted. Mrs. Trout stated it is her understanding
that there would not be any recommendations for a City Attorney until after the
election. Mr. Kreuter stated they had
discussed the possibility of appointing an interim City Attorney. Mrs. Trout stated it was her understanding
the committee appointed by the Mayor was a Process Committee and not a
Nominating Committee.
Mr. Murray called the question,
seconded by Mr. Wolkowitz.
Mayor Mandel called for the vote on
the motion to call the question with the vote upon such motion being unanimous.
Mayor Mandel
called for the vote on the motion to read Bill No. 3188 for the first time,
with the vote upon such motion being unanimous, Bill No. 3188 was read for the
first time.
Mr. Wolkowitz
moved, seconded by Mr. Murray, Bill No. 3188 be read for the second time, with
the vote upon such motion being unanimous, Bill No. 3188 was read for the
second time.
Mr. Wolkowitz
moved, seconded by Mrs. Trout, that in order that this ordinance be certified
to the St. Louis County Board of Election Commissioners in sufficient time to
be placed on the April 8, Ballot this ordinance is hereby declared to be an
emergency and shall take effect immediately upon its adoption and approval,
pursuant to Section 3.11 (f) of the City Charter, with the vote upon such
motion being as follows, to wit:
6. Bill No. 3188 (Continued)
Mr.
Kassander - Aye
Mrs. Trout -
Aye
Mr.
Wolkowitz - Aye
Mr. Kreuter
- Aye
Ms. Bryant -
Aye
Dr. Barton -
Aye
Mr. Murray -
Aye
Mr. Lagos -
Aye
. Mrs. Trout moved, seconded
by Mr. Wolkowitz, Bill No. 3188 be read for the final time, with the vote upon
such motion being unanimous, Bill No. 3188 was read for the final time.
Mr. Wolkowitz moved,
seconded by Mrs. Trout, Bill No. 3188 be put upon its passage with the vote
upon such motion being as follows, to-wit:
Mr.
Kassander - Aye
Mrs.
Trout - Aye
Mr.
Wolkowitz - Aye
Mr.
Kreuter - Aye
Ms.
Bryant - Aye
Dr.
Barton - Aye
Mr.
Murray - Aye
Mr.
Lagos - Aye
The vote upon the
passage of Bill No. 3188 being 8 Ayes and No Nays, said Bill was thereupon
presented to the Mayor and President of the City Council who thereupon signed
and approved the same, whereupon said Bill No. 3188 became Ordinance No. 2208
of the City of Creve Coeur, adopted, passed and approved this 27th day of
January, 2003.
7. Recommendation
to adjust the Overhead Wires relating to the Tappmeyer House Moving Project
Mr. Wolkowitz moved,
seconded by Mr. Kassander, the recommendation to adjust the overhead wires
relating to the Tappmeyer House Moving Project be approved.
The City Administrator
advised members of Council had received a memo regarding this project and
stated this is the most costly part of the utility relocation work and the
estimate from AmerenUE was approximate $35,000.00 and the City would be billed
on a time and materials basis. Mayor
Mandel stated the Tappmeyer Foundation would cover any overage. The City Administrator stated they had agreed
to cover any overages beyond the amount the City has contributed.
Mr. Kassander asked the
amount of the total funds the Foundation had available and he was advised by
the Assistant City Administrator was $125,000.00 available for immediate
use. Mr. Kassander asked if the
$402,442.00 was an accurate estimate for the total move and the Director of
Public Works advised these are estimated numbers.
7. Recommendation
to adjust overhead wires - Tappmeyer House Move (Continued)
Mr. Kassander asked the Director of Public
Works if it was his opinion that the move
could be
executed within the $570.000.00 that was available for this project and he was
advised he thought they could.
Mrs. Trout moved the
motion be amended to not to exceed a maximum of $35,000.00.
Mr. Murray stated if
there was a maximum amount set that AmerenUE may not want to proceed. Mrs. Trout stated her motion was that the
City would not pay for it but the Foundation pay for anything over
$35,000.00. Mayor Mandel stated the
President of the Foundation had called her and advised the Foundation had
committed to pay for anything over $35,000.00.
The City Administrator stated the commitment the City has from the
Foundation was that they would pay above what the City has allocated for this
project as a whole, that he does not have anything specific with regard to the
utility work. He stated the Foundation
is well aware that the City has put a very strict budget limit on this project
and their funds will have to be made available in order for this project to be
completed. He stated they do not have a
lot of control over what this cost is from AmerenUE that they could probably be
forced into a maximum amount but he did not know if that would be in the best
interest. Mr. Murray stated the contract
is between the City and AmerenUE, the Tappmeyer Foundation cannot be a part of
this contract and the City has their assurance that they will pay the
difference.
Mr. Kassander stated it
was his understanding that in the Agreement that anything over the $450,000.00
allocated by the City that the Foundation would cover. Mayor Mandel stated she had heard that they
were going to cover anything over the $35,000.00 and what they have agreed to
is in the minutes of the Foundation Board meeting. She stated the City Administrator was
confident that they have agreed to pay anything over what the City has
allocated to the project.
Mayor Mandel called for
the vote on the motion, with the vote upon such motion being unanimous.
7A. Tappmeyer
House Move - Traffic Signal Mast Arms
The City Administrator
stated they had received this request this date and this is MODOT's cost to
relocating their mast arms at certain locations due to the Tappmeyer House move
and summarized the request. He stated
the cost is a not to exceed price of $8,883.00 from Gerstner Electric. Mr. Kassander asked if this was the $10,000
estimate and he was advised by the Director of Public Works that it was.
Mr. Kassander moved,
seconded by Ms. Bryant, the recommendation from the Director of Public Works be
accepted and that the proposal from Gerstner Electric be approved at a price of
$8,883.00, with the vote upon such motion being unanimous.
8. Ice Arena
Facility
Mr. Wolkowitz moved
approval for staff to begin work with an Architect to design the 200-foot slab,
which motion was seconded by Ms. Bryant.
8. Ice Arena
Facility (Continued)
Mr. Murray asked if it
was to be 185 or 200 feet and Mr. Wolkowitz stated the motion was for 200 feet.
The City Administrator
was asked the price differential and he was advised it was approximately one
million dollars. He stated it was
approximately $700,000.00 for 185 foot slab and $1.75 million for a 200-foot
slab, which and does include some amenities that would be needed including a
Zamboni, dasher board replacements, allocation for some replacement of the
bleachers and does not include locker rooms that there may be some upgrades and
that would be based on budget.
Dr. Barton requested
that the City Administrator summarize some of the points that had been
discussed at a meeting where some of the Council Members were not in
attendance.
The City Administrator
stated there were two significant outcomes of that meeting; (1) they were going
to attempt to make every effort over the next several weeks to determine if
there would be an interest on behalf of a private developer to build a new ice
area. (2) There was a suggestion of a
joint committee with the JCCA (the City Administrator disclosed he was a member
of the JCCA and Mr. Wolkowitz stated his wife is a member of the Board of the JCCA
and he was a member. Ms. Bryant stated
she was a member of the JCCA). The City
Administrator stated Council was also aware that a Consultant had come in and
reaffirmed what Mr. Brad Limberg had said two years ago that they had gotten
the use of the life out of this ice arena and he would not give any assurance
on how the life could be extended for 2-3 years. The City Administrator stated there is a
chance they can continue to operate and have enough time to explore various
options and also a chance that the leaks could cause short or long term
stoppages. He stated he has all of the
information available and would be glad to go through it with the Council. He further stated there are financial
implications that funds can be moved around in the CIP and delay some of the
projects. He stated that from the past
that they cannot expect it to break even and they need to accept that as they
make a next move. He stated they have tried
to require the ice arena to pay back some debt to the General Fund from the
1996 renovation and it looses money each year and he did not feel it was
realistic to suggest that it would pay it back.
He stated there would be depreciation and future expenses incurred in
order to maintain the arena. He stated
there will need to be future funding issues with arena both long and short term
which he outlined. He stated over the
long term they would need to look at a funding source, as there is nothing
currently in place.
Mr. Kassander stated he
felt if they were going to spend the money they need to make sure that they
have a long term facility that will provide a first class Hockey slab and
upgrade the facility such as the locker rooms, etc. which he outlined. Mayor Mandel stated she felt those items were
all considered in the $70,000.00 which was spent for a consultant to come in
and they had done resident surveys and a committee had made a recommendation
that they do a first class facility with an indoor pool. She stated Mr. Wolkowitz had worked long and
hard on that and she felt they should have gone forward with that
recommendation and it should have been put on the ballot last fall. Mayor Mandel stated she felt they were not at
the point now where they can talk about a first class facility that they are
doing an emergency repair on the ice slab.
Mr. Kassander
8. Ice Rink
Facility (Continued)
stated he
disagreed, that he was talking about a first class Hockey facility and not a
pool and all the other amenities of a rec center. He stated he thought they had already downsized
it and were talking about a Hockey rink and if they were going to spend the
money on that they need to spend the money to build a first class Hockey
facility.
Mr. Murray stated he
would like to see Hockey continue in the City within limitations, 185 or 200
feet and he felt beyond that the City should not consider it. He stated he felt they should not rush into
it and a study should be made with a joint possibility with someone else or to
determine what the actual need is. He
stated he felt a feasibility study should be made and to decide on a 185 or 200
feet later. He stated the Hockey people
have said they need something working by September and he felt construction
wise they could possibly get the 185 feet working by then and he would be in
favor of that. He stated he would vote
against anything over that as they did not know how much it would cost or how
long it would take. He stated the City
Administrator had advised future funding would be needed and they do not know
how much or the source.
Ms. Bryant stated she
had requested when the information would be available on the depreciation of
the streets. She felt the City financial
situation was becoming more problematic and with the depreciation information
it would get worse. She stated her
concern is money and she did not think it would be any better anytime
soon. The City Administrator advised
they would have information on the street study, which he outlined, and the
portion on the asset vs. liability that the Finance Director is working on and
will probably be in April. Mayor Mandel
stated she felt this is a separate issue from the ice arena. She stated that they have known for the past
five-years that the ice arena issue was something that needed to be addressed
and Council has been unwilling and unable to come up with a solution. Ms. Bryant stated her concern was how much
they could afford. Mayor Mandel stated
she felt they have available a ½ cent storm water park tax, which she felt,
should have been put on the ballot last fall.
Mrs. Trout asked if some of the enhancements
could be phased in. Secondly, if the
sales tax that was approved to build the ice arena, was it specifically to
build it or to also maintain it? Former
Mayor Harold Dielmann advised it was a 1-cent sales tax and included the ice
arena, golf course, and street improvements.
It was a total package passed by the voters. Mrs. Trout asked if ½ cent could be taken
out of that tax? The City Administrator
advised it would have to be replaced with a ½ cent that was funding the general
fund. The only CIP sales tax the City
has was dedicated to public improvements was the ½ cent that was passed in
1997.
Dr. Barton stated the
City does not have the money to build a 200-foot arena and he felt if they put
that proposal out it would have to be funded and they do not have the
money. He stated they would have to come
up with a tax initiative to pay for it and it may not pass and the ice rink
would be lost. He stated if they go with
the 185-foot they may be able to get the $700,000 to build it and add some
amenities but it would still have to be funded in the long term as both the 185
and 200-foot would be money losers. Dr.
Barton stated he did not feel they should be so determined to go with the 200
foot as they may end up with nothing.
Mayor Mandel stated she agreed with Dr. Barton that the extra one
million dollars was too speculative and she would like to see them fix the rink
the size it is and upgrade where they can to make it a good facility. Dr. Barton stated if the Council does choose
to reconstruct the rink they need to take a good look at the
8. Ice Rink
Facility (Continued)
current capital expenditures over the next
five years and start removing some projects.
Mr. Wolkowitz stated he
felt if they went with the 200-foot rink that they should look at the actual
footprint of the rink and getting the slab in and not look at all the other
amenities as they could be done over a phased approach but he felt they would
be hurting themselves in the long term by not getting the 200-foot rink and
outlined his reasoning. He stated they
need to have the best facility they can have and he would prefer to go with a
new facility and put out an RFP to see what private developers they could get
but they are under a time constraint. He
stated he understood it was difficult to make a decision but they have no
choice, they need to act and give staff the time to start working with
Architects and outlined the procedures that would have to be followed.
Mr. Murray stated he
would be in favor of a 185 or 200-feet but not to make it a mandatory 200-feet
until a study is made.
Mr. Wolkowitz stated the
motion is for 200 feet.
The City Administrator
advised Council that the Consultant who had looked at the arena had indicated
if they start immediately on a 185-foot arena it could be completed by
September. He stated if Council was
talking about a 200-foot arena it was not doable and that it could not be
completed by September and staff could work to bring a schedule. The City Administrator suggested that they go
back to the CIP and review it and determine where they could reallocate and
reprioritize some projects in order to come up with either option discussed.
Mr. Murray said it had
been stated earlier by one of the Hockey people that if they went to October on
the construction that the people would have gone elsewhere and would not come
back. He recommended they go with the
185-foot with a September completion date.