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 as given.
INVOCATION
Mayor
Dielmann requested a moment of silent meditation.
ROLL
CALL
Dr. Barton Council
Member Ward I
Mrs.
Kistner Council
Member Ward I
Mrs.
Trout Council
Member Ward II
Ms.
Lynch Council
Member Ward II
Mr.
Kassander Council
Member Ward III
Mr.
Haddenhorst Council
Member Ward III
Mr.
Wolkowitz Council
Member Ward IV
Ms.
Bryant Council
Member Ward IV
PUBLIC
HEARING
A
Public Hearing was held on a request for an amendment to a Conditional Use
Permit and Site Concept Plan for Plaza Motors located at
Mayor
Dielmann stated this was listed as Item 4 on the Agenda and asked members of
the Council if they desired to take action at this meeting? It was the consensus of members of Council
that Item 4 be considered.
ADDITIONS
TO - ACCEPTANCE OF THE AGENDA
Mr.
Wolkowitz moved, seconded by Mrs. Trout, acceptance of the Agenda.
Ms.
Bryant requested the Mason Road Sidewalk, Olive Boulevard Median, Records
Retention, and the Transportation Development District. Mrs. Trout requested the 15' Setback
Requirement in the CB and MX Zoning Districts be added.
Mayor
Dielmann called for the vote on the motion to accept the Agenda as amended,
with the vote upon such motion being unanimous.
COMMENTS
FROM THE GENERAL PUBLIC
Mayor
Dielmann asked if there was anyone in attendance who wished to address the
Council?
Mrs.
Ruth Grouper, 211 Clion addressed the Council in regard to the Chasselle One
Way Program and presented petitions from the Belle Coeur Subdivision and stated
they believed the best plan to reduce the volume and speed of traffic was by
putting in a landscaped gate that is accessible for use by Belle Coeur
residents and emergency vehicles near the Mason Road entrance on Chasselle and
they expected streets in Belle Coeur to remain public streets. Mrs. Grouper
stated in support of the plan that they were submitting these facts: (1)
they have cooperated with traffic calming measures since becoming part
of Ward IV in 1995. (2) They have from
1200-1500 cars using the streets daily.
(3) Their streets are the narrowest within the City being only 16 feet
wide. (4) They have 90 households of
people who support all public streets in Creve Coeur. (5) They are the only residential subdivision
off
Mr.
Bill Crouch, 239 Chasselle addressed the Council in regard to the Chasselle
One-Way Program. He stated when they had
purchased their home they were told that Chasselle would be closed at Mason
Road and that did not happen. The
builder had deeded the street to St. Louis County before a Subdivision
organization could be formed. Mr. Crouch
outlined the volume of traffic per day and stated they have experienced vandalism
to their property which he outlined. He
stated the residents have endorsed having a gate installed at the Mason Road
entrance to Chasselle and they feel the cost of the gate should not be an issue
and they were prepared to help in the project if necessary.
Dr.
David Burwald, 725 Champeix addressed the Council in regard to the Chasselle
One-Way Program. He stated this traffic
problem had not been perceived by all the residents of the subdivision and had
never been worked on in a unified manner.
He stated many solutions have been tried and none have worked and has
become worse creating divisions and animosity among neighbors. He stated at the last Traffic Committee
Meeting the Belle Coeur Subdivision was given a mandate to hold a meeting and
come up with a solution that would be acceptable to all and bring it forward to
the City. He stated they have come up
with a plan for an accessible gate which had almost 100% approval and he felt
this plan accomplished all the goals. He
stated it controls cut-through traffic, allows emergency vehicle access and
residents continued access to their area, eliminates additional time for Police
enforcement. He stated the gate would
allow their Subdivision to return to a peaceful and friendly place that it was
and should remain and urged the Council to give their solution a chance to
work.
Mr.
Charles Housmann, 216 Cuiseaux Court addressed the Council in regard to the
Chasselle One Way Program. He stated the
Chief of Police had informed them that Chasselle is one of the narrowest and
one of the busiest residential streets in Creve Coeur. He stated the City has tried to help
alleviate the problem by putting up a no right-hand turn on Mason, speed bumps,
horses, signs of no-through-traffic and making it a one-way street. He stated they need to find a solution for
the safety of all and requested that the City accept the solution they have
proposed and has been endorsed by the Traffic Committee.
Mrs.
Sydell Shayer, 709 Champeix Lane, addressed the Council in regard to the
Chasselle One-Way Program. She stated
she was speaking as an individual and urged the Council to discontinue the
one-way trial on Chasselle immediately, as it has not accomplished its goal and
should be acted on at this meeting. If
they have another solution that it should be independent of the decision to end
the one way. She stated she was also
opposed closing of Belle Coeur Subdivision at Mason Road and presented a copy
of her statement for the record.
David
Fisher, a resident of Royalgate Subdivision addressed the Council in regard to
the Chasselle One-Way Program. He stated
he had appeared before the Council earlier in regard to the traffic calming
devices. He stated the horses and one-way
streets have created more problems than they have helped. He stated he felt the only solution was to
create another way to get from Ladue to Olive. He stated he did not think it
was in anyone's best interest to close that street.
Ms. Frances
Gill, a resident of Champeix Lane addressed the Council in regard to the
Chasselle One-Way Program. Ms. Gill
stated it is a dangerous situation and she was getting tired of waiting. She stated if the Council chooses not to put
up the gate that they would not be doing their job. She stated she felt if they increased the
fines it would helpful.
Mr. Jeff
Thompson, #3 Chasselle Lane addressed the Council in regard to the Chasselle
One-Way Program. He stated he had
e-mailed the Mayor and members of Council.
He stated none of the residents appeared to be the ones speeding. He stated he was a Trustee President and the
Chairman of the Neighborhood Assessment Committee. He stated he felt these two groups were in
complete agreement. He stated the
Council would reaffirm the reason of existence for the Traffic Committee, the
Traffic Calming Plan, wishes of the Police Department and listening to the
residents of Belle Coeur Subdivision. He
stated the only solution remaining is letting the subdivision to restore its
control to its original boundaries and there would be no harm done to anyone
else other than the loss of a small amount of time.
ANNOUNCEMENTS
Mayor Dielmann announced:
The
City Council meets at:
6:00
p.m. - 7:00 p.m. - Work Session
7:00
p.m. - Regular meeting of the City Council
Public
Hearing
July
14, 2003 - 7:00 p.m.- Request for a Conditional Use Permit and Site Development
Plan for Lucky Lane Nursery located at 12546 Conway Road.
CONSENT AGENDA
Mrs.
Trout moved, seconded by Mr. Wolkowitz, approval of the Consent Agenda.
Ms.
Bryant requested Item D be removed.
Mayor
Dielmann called for the vote to approve the Consent Agenda, as amended, with
the vote upon such motion being unanimous.
(A) Minutes
Regular meeting of the City Council dated June 9, 2003
(B) Accounts
Payable for June 23, 2003 in the amount of $208,642.03
Summary of
Accounts by Departments:
No
Department, No Division - $7,818.20
Legislative,
Mayor and Council - $8,297.90
Legislative,
City Clerk - $365.80
Administrative
Services - $770.70
Finance,
Administration - $3,309.50
Finance,
Finance,
Interdepartmental - $3,914.54
Community
Services, Administration - $1,191.80
Community
Services, Ice Arena - $74.36
Community
Services, Golf Course - $4,388.60
Community
Services, Food - $1, 180.99
Maintenance
of Municipal Facilities - $3,961.85
Police,
Police,
Investigations - $788.72
Police,
Patrol - $3,015.43
Public
Works, Administration - $25T5.62
Public
Works, Streets - $9,600.45
Public
Works, Health & Welfare - $3,673.83
Public
Works, Parks - $480.46
Community
Development - Administration - $151.73
Community
Development - Inspections - $381.89
Capital
Improvement Fund - $144,272.59
Total
- $208,642.03
(C) Recommendation for Award of Bid for
Battery Power Sprinkler System for Ballas Road Medians
The Council approved the
recommendation to award the bid to Satellite Outdoor Services to install 19
valve units at $500 each for a total price of $9,500.00.
(E) Resolution
No. 540 to authorize the execution of a Computer-Aided Report Entry services
Agreement (C.A.R.E) with St. Louis County
The Council adopted
Resolution No. 540 to authorize the execution of a Computer-Aided Report Entry
Services Agreement (C.A.R.E.) with St. Louis County at a total cost of $16,
402.44 as requested by the Police Department.
Mayor Dielmann
stated the Council would return to Item D.
(D) Request
for Disposition of City Archives
Ms. Bryant asked what
law pertained to the retention period for the disposition of City Archives? The City Administrator stated it was the
Missouri Statute regarding record retention, which he outlined. She asked if this pertained to other
documents or only Police Department and the City Administrator advised the
Statutes pertain to other areas. Ms. Bryant asked what is done with other
records outside the Police Department and she was advised by the City
Administrator they were retained subject to the record laws that apply to those
areas.
Ms. Bryant moved
approval of the request for disposition of City Archives, which motion was
seconded by Mr. Wolkowitz, and unanimously carried.
UNFINISHED
BUSINESS
Mayor Dielmann stated
there was no unfinished business for this meeting.
NEW BUSINESS
3. Chasselle - One Way Program
Mr. Wolkowitz
disclosed that he was a resident on Chasselle Lane and he had been advised by
the City Attorney that it did not create a conflict and he could vote on
it. He stated he would like to confirm
with the City Attorney that it was appropriate for him to vote. The City Attorney advised that was correct.
Mayor Dielmann
stated it had been suggested that they discontinue the one-way. program and he
stated he felt the Council should vote on that.
Mrs. Trout
moved that the 90-day trial period for one-way on Chasselle be discontinued,
which motion was seconded by Ms. Bryant.
Ms. Bryant
stated there were two issues; the one way and the other was the closing of the
street and asked if they could debate both at the same time?
The City
Attorney stated because the decision on closing of the street may be relevant
to the first they could ask questions about both.
Mayor Dielmann
stated there was a motion to discontinue the one-way street at the last meeting
and Council had requested they wait until the meeting was held. He stated he felt the 90-day trial was over
and he felt Council should take action on that first. The City Attorney stated the motion was
limited to that but as long as they were related to each other it was his
opinion they could both be discussed.
Ms. Bryant asked if he was saying they need two motions and the City
Attorney stated that was correct but the discussion could overlap into the
second issue.
3. Chasselle One-Way Program
(Continued)
Mayor Dielmann
called for the vote on the motion to discontinue the one-way street on
Chasselle, with the vote upon such motion being as follows, to-wit:
Mrs. Kistner
- Aye
Mr.
Kassander - Aye
Mrs. Trout -
Aye
Mr.
Wolkowitz - Aye
Dr. Barton -
Aye
Ms. Bryant -
Aye
Ms. Lynch -
Aye
Mr.
Haddenhorst - Aye
Mayor Dielmann
requested the one-way street signs be removed on Tuesday.
Ms. Bryant
moved a gate be installed at Mason Road and Chasselle that allows access to
only the residents of Belle Coeur and emergency vehicles that the Traffic
Committee understands that there is 100% support of the households attending
the subdivision meeting for a gated closure at one end of Belle Coeur
Subdivision with access to residents only, and that all but one household
preferred that Mason Road be the end that is closed, and if this recommendation
is rejected by City Council that something still must be done to relieve this
subdivision, which motion was seconded
by Mr. Wolkowitz.
Mr. Kassander
stated he had a problem in approving this tonight. He stated he felt the only way to solve the
cut-through problem was to make it impossible to cut through. Mr. Kassander stated he had some unresolved
issues with having an operational gate, (1) the time opening and closing the
gate and causing traffic back up on Mason Road and where the gate would be
placed. (2) He stated by installing a
gate that they make it a private street, as only the residents of Belle Coeur
would have access from that direction.
He further stated there was an issue of how it would be operated. He stated he had many questions that would
not allow him to vote for that option without resolving some of those issues.
Mr.
Haddenhorst stated it had been mentioned earlier about the cost that he had a
problem with the City paying for the cost of closing off the street. He stated he was not comfortable in taking a
vote at this meeting, as there were a lot of issues.
Mrs. Kistner
stated she was in agreement with the previous comments and this could be the
ultimate decision but she felt there were open questions and she would like
time to find out from the City Attorney regarding the legality of closing a
public street. She stated she would be
concerned with moving forward immediately with a permanent closure as this may create
problems for other streets that would not be known until it was done and she
would like to see a temporary before moving to a permanent measure.
Ms. Bryant
stated she was not asking for a vote at this meeting and she had made the
motion as she felt this deserved careful and comprehensive studies and there
were other streets that have similar issues.
She stated she felt the Council needs to be consistent and to make sure
they do not hold existing subdivisions that were built much
3. Chasselle One Way Program
(Continued)
earlier to a different
standard than they hold new subdivisions.
She stated there are many subdivisions that only have one entrance in
and out and streets that are on cul de sacs and requested that be part of the
analysis.
Ms. Lynch
asked the residents in the audience if they had discussion about privatization
of the streets in their subdivision? A
resident stated they had worked on it last year and one of the reasons was the
liability question and the Council had tabled it indefinitely. He stated the City does not have a
policy. Ms. Bryant stated the Council
had discussed a general policy with no specific location.
Mrs. Trout
stated the original owner of the property of the Belle Coeur Subdivision had an
easement that was Chasselle Lane that was to be closed off and was never
done. She stated after his death the
County had left it open and she thought they need to look at the property at
the north end of Chasselle and it may not be a street but an easement. Mrs. Trout asked the accident rate at Ladue
and Chasselle? The Chief of Police
stated since 1997 there had been five accidents and six at the Mason Road
entrance. Mrs. Trout stated she was not
expecting to vote on this at this meeting as she would like to look at all the
options. Mrs. Trout asked about closing
the street only during the cut through times and closing it at Ladue Road and
outlined her reasons.
Mr. Kassander
asked for a show of hands from the Subdivision that wanted an operational gate
at Mason Road and then asked how many would want a non-operational closure at
that same location? A resident stated he
did not feel that was a clear question that it should be phrased if they do not
approve the gate option and the only other option was to close it off, would
they accept it? Mr. Kassander stated with
that wording how many would be in favor and he stated it was second
choice? Mayor Dielmann stated this was
for informational purposes only. Mr.
Kassander asked if additional round-about was discussed at their meeting and he
was advised it was.
Mr. Wolkowitz
stated the safety of the residents was the Number One issue and Chasselle was a
very unsafe street but they need to take into consideration the impact on the
surrounding community. He stated since
no one was prepared to take a vote, he asked what would be the time frame to
move this forward and to a conclusion?
He asked the Mayor and Council for direction on a process and time
frame.
Mrs. Kistner
stated they have come up with a number of questions that would be relevant and
she felt a review by staff with input from the Police and legal on the
questions and any others they may consider relevant with a report back to the
Council. The City Administrator stated
he felt they could do it within a short period of time and ask they include the
Traffic Committee. Mrs. Trout requested
the Trustees of Belle Coeur Subdivision be included. Mrs. Kistner requested the
report be available by August 1 in order to give everyone an opportunity to
review it. Dr. Barton suggested they
defer this to the next City Council meeting and by that time many of these
questions can be brought to council that he felt if they waited until August
and have expectations that a decision would be made he felt there would many
disappointed people.
Further
discussion was had in regard to a date.
3. Chasselle One Way Program
(Continued)
Mayor Dielmann
requested they have a report back by the first meeting in August, which would
be August 11
Mr. Kassander
moved this be deferred to the August 11, 2003 meeting and that a report be submitted
to Council by staff addressing the questions raised here, any
additional
questions provided by Council and the Traffic Committee and that the status of
this item be posted on the City Web Page by August 1, which motion was seconded
by Ms. Lynch. with the vote upon such motion being unanimous.
Ms. Bryant
thanked everyone for all their work on this matter.
4. A Bill
for an Ordinance Granting an amendment to a Conditional Use Permit and Site
Concept Plan for Plaza Motors
Mrs. Trout introduced Bill No. 3205
for an Ordinance granting an amendment to a Conditional Use Permit and Site
Concept Plan for Plaza Motors, and moved said Bill be read for the first time,
which motion was seconded by Mrs. Bryant.
Mrs.
Trout moved Bill No. 3205 be amended to eliminate Condition No. 42 at this
time, which motion was seconded by Ms. Bryant.
Dr. Barton requested
comments from staff on the removal of Condition No. 42.
The City Administrator
stated the parking agreements have already been approved by the Planning and
Zoning Commission and are now being removed by the City Council and Mrs. Trout
stated she did not think they had to follow the recommendations of the Planning
and Zoning Commission. The City Planner
stated Section 26-91.5 states as approved by the Planning and Zoning
Commission. Mrs. Trout asked if they
could add a provision that the lease agreement would not take effect until the
incorporated Conditional Use Permit is completed and the City Planner stated
the lease agreement was in effect. The
City Attorney stated it to be his recommendation that Condition 42 remain in
the Ordinance.
Mrs. Trout withdrew her
amendment and Ms. Bryant the second, withdrew her second.
Mrs. Trout requested
language be added that the Conditional Use Permit would not take effect until
they are in compliance with every single violation on the campus.
The Director of
4. Bill No.
3205 (Continued)
Community
Development stated they have removed three or four parking spaces on the
entrance and the applicant believes they have achieved approximately half of
those that were identified. Mrs. Trout
stated she observes cars in the no parking areas when she goes to the Plaza
Shops. The Director of
the Plaza
Shops and their facility. The Director of Community advised that was an alley
and not Studt, that it was further south.
He stated that was not a public street, that it was
private and
says no parking on internal drive aisles and for clarification what was the
intent, drive aisles in the parking lot.
Mayor Dielmann advised it was Plaza Motors own private driveway, and not
a street. The Director of
Ms. Bryant stated it was her
understanding this parking had come up at Planning and Zoning approximately two
years ago and they had been reassured that it would be addressed because it was
a safety concern. Mrs. Sher, a member of
the Planning and Zoning Commission in the audience advised that was correct.
The Director of
Ms. Lynch requested the members of
Council be provided documentation of what these 8 items are and how they are
being addressed.
The City Administrator stated
Council would be provided with the list staff had. He said there were issues that they have been
able to get compliance on and still some outstanding. He stated Council members could submit their
list as well.
Mr. Wolkowitz stated he would like
to see a vote taken at this meeting and he was aware there were issues. He stated he felt they are trying to be
worked on and in the interim since it would be coming forward in approximately
90 days, that they address this issue at this meeting and then consider the
overall in 90 days. Mr. Wolkowitz
requested they move forward and take a vote.
Mr. Kassander requested
clarification on the Conditions. The
Mr. Kassander moved Bill
No. 3205 be amended, that Condition 6, hours of operation be changed to from
6:00 a.m. until 10:00 p.m. The lighting
in Condition 31, and the landscaping follow current design standards and to
include the new lighting design standards and an additional restriction of no
external paging system, no outside
4. Bill No.
3205 (Continued)
music on the
campus, which motion was seconded by Mrs. Trout, with the vote upon such motion
being unanimous.
Mrs. Trout moved Bill
No. 3205 be further amended in Condition 32, that the dollar amount be
eliminated, which motion was seconded by Ms. Bryant.
Ms. Lynch
asked if they could wait and look at that in three months? Mrs. Trout said no other Conditional Use
Permits have dollar amounts and she did not feel it should be included in this
one.
Ms. Bryant stated she
felt this should be addressed in 90 days.
Mrs. Trout asked if she
should withdraw her amendment and then stated she would like to leave it there.
Mayor Dielmann called
for the vote on the amendment with the vote upon such motion being as follows,
to-wit:
Mr.
Kistner - Nay
Mr.
Kassander - Nay
Mrs.
Trout - Aye
Mr.
Wolkowitz - Nay
Dr.
Barton - Nay
Ms.
Bryant - Nay
Ms.
Lynch - Nay
Mr.
Haddenhorst - Nay
The vote on the
amendment being 7 Nays and 1 Aye, the motion failed.
Mr. Kassander stated the
City Attorney was to come up with some wording.
The City Attorney read
the following: "A new Condition 43
which would read as follows: 43. Applicant shall, within 90 days of the approval
of this Ordinance submit to the City an application for a new Conditional Use
Permit for this property to consolidate all remaining applicable conditions for
the site into one ordinance."
Ms. Lynch asked if the
90-day time period had been discussed with Plaza Motors? The Director of
Mr. Kassander moved,
seconded by Mrs. Trout, Bill No. 3205 be amended as recommended by the City
Attorney, with the vote upon such motion being unanimous.
Mayor Dielmann called
for the vote on the motion to read Bill No. 3205 for the first time, as
amended, with the vote upon such motion being as follows, to-wit:
4. Bill No.
3205 (Continued)
Mr.
Haddenhorst - Aye
Ms.
Lynch - Aye
Ms.
Bryant - Aye
Dr.
Barton - Aye
Mr.
Wolkowitz - Aye
Mrs.
Trout - Aye
Mr.
Kassander - Aye
Mrs.
Kistner - Aye
The vote on
the motion being 8 ayes and No Nays, said Bill No.3205 as amended, was read for
the first time.
Ms. Bryant
moved, seconded by Mr. Haddenhorst, Bill No. 3205, as amended be read for the
second time, with the vote upon such motion being unanimous, Bill No. 3205 as
amended was read for the second time.
5. A Bill for an Ordinance to further
amend the Fiscal Year 2002-2003 Budget
Council
was advised the Ordinance contained an emergency clause.
Mr. Wolkowitz
introduced Bill No. 3206 for an ordinance to further amend the Fiscal Year
2002-2003 Budget and moved said Bill be read for the first time, which motion
was seconded by Mrs. Trout.
The City
Administrator summarized the Bill and stated the Ordinance provides for the
transfer of funds between departments and no additional appropriations are
required.
Ms. Bryant
submitted for the record a letter from the City Administrator to her dated June
13, 2003.
Mayor Dielmann
called for the vote to read Bill No. 3206 for the first time, with the vote
upon such motion being unanimous, Bill No. 3206 was read for the first time.
Mr. Wolkowitz
moved, seconded by Mr. Haddenhorst, Bill No. 3206 be read for the second time,
with the vote upon such motion being unanimous, Bill No. 3206 was read for the
second time.
Mr. Wolkowitz
moved, seconded by Mrs. Trout Bill No. 3206 be declared an emergency under
Section 3.11 of the City Charter so that
the City can complete necessary budget adjustments before the end of its fiscal
year and the words declaring an emergency be stated in the title of the Bill,
with the vote upon such motion being unanimous.
Mr. Wolkowitz
moved, seconded by Mrs. Trout, Bill No. 3206 be read for the final time, with
the vote upon such motion being unanimous, Bill no. 3206 was read for the final
time.
Mr. Wolkowitz
moved, seconded by Mrs. Trout, Bill No. 3206 be put upon its passage with the
vote upon such motion being as follows, to-wit:
5. Bill No. 3206 (Continued)
Mrs.
Kistner - Aye
Mr.
Kassander - Aye
Mrs.
Trout - Aye
Mr.
Wolkowitz - Aye
Dr.
Barton - Aye
Ms.
Bryant - Aye
Ms.
Lynch - Aye
Mr.
Haddenhorst - Aye
The vote upon
the passage of Bill No. 3206 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. 3206 became Ordinance No. 2224
of the City of Creve Coeur, adopted, passed and approved this 23rd day of June,
2003.
6. Award of Bid for Annual Concrete
Program for Fiscal Year 2003-04
Mrs. Trout
moved, seconded by Mr. Wolkowitz the bid for the annual Concrete Program be
awarded to M & H Concrete Contractors for a total cost of $436,727.50 as
the lowest and best bid.
Mrs. Trout
asked why a general contractor is not hired to do all of this work? The City Administrator stated staff had found
it to be more beneficial from a cost standpoint to bid them separate, which he
outlined.
Mayor Dielmann
called for the vote, with the vote upon such motion being unanimous.
Mr. Wolkowitz
moved, seconded by Mrs. Trout, pursuant to Section 610.022 RSMo. the Council
move to closed session to discuss communications with the City Attorney under
Section 610.021 (1) RSMo., with the vote upon such motion being unanimous, the
Council moved to closed session at 9:10 p.m.
Mrs. Trout
moved, seconded by Ms. Lynch the Council reconvene the regular meeting with the
vote upon such motion being unanimous, the Council reconvened the regular
meeting at 9:45 p.m.
Mayor Dielmann
stated the Council would move to Item 7.
7. Award of Bid for Annual Asphalt
Remove/Replacement Program 2003-2004
Mrs. Trout
moved, seconded by Mr. Wolkowitz, the bid for the Milling, Asphalt Repair &
Replacement Program be awarded to the Ford Asphalt Company for a total cost of
$147,673.86 with the vote upon such motion being unanimous.
8. Award of Bid for Asphalt Material
Program 2003-2004
Mr. Wolkowitz
moved, seconded by Mr. Haddenhorst, the bid for asphalt materials be awarded to
Fred Weber for a total cost of $155,654.50 and at a unit price of $23,00 and
$26.80 per ton for pickup and delivery of material, with the vote upon such
motion being unanimous.
9. Award of Bid of Annual Mudjacking
Street Program 2003-2004
Mr. Wolkowitz
moved, seconded by Mrs. Trout, the bid for the Annual Mudjacking Street Program
for 2003-2004 be awarded to Amecon, Inc. in the amount of $75.00 per ton for an
approximate total cost of $11,250.00, with the vote upon such motion being
unanimous.
10. Award of Bid for Street Striping
Program 2003-2004
Mrs. Trout
moved, seconded by Mr. Wolkowitz, the bid be awarded to AP.R., Inc in the
amount of $4,787.56 and for thermoplastic striping in the amount of $2,759.00
for a total cost not to exceed $7,542.78, with the vote upon such motion being
unanimous.
11. Award of Bid for Spoede Woods
Aggregate Seal Coat project for 2003-2004
Mrs. Trout
moved, seconded by Mr. Wolkoiwtz, the bid be award to L. Krupp Construction
Company for an approximate total of $12,840.00, with the vote upon such motion
being unanimous.
12. Award of Bid for Annual
Microsurfacing Program 2003-2004
Mr. Wolkowitz
moved, seconded by Mrs. Trout, the bid be awarded to Micro-Surfacing, Inc. for
a total cost of $11,270.00, with the vote upon such motion being unanimous.
13. Recommendation
to hire contractor for building addition and related work for the Ice Arena
improvements
Mrs. Kistner
moved, seconded by Mrs. Trout, acceptance of the recommendation to hire the
Harlan Company for the building addition and related work for the Ice Arena
improvements for a total cost not to exceed $1,258,480.00.
The City
Administrator stated that Mr. Richard Smith from the Contract Group, the
construction manager for the City was in attendance. He stated he had distributed the information
to Council last Friday and the largest portion of the project was the building
addition, which was $1.25 million. He
stated they had recommended one option, which was the roof replacement and
based on the bid received he felt it would beneficial to go ahead with the roof
replacement at this time even though it would be $250,000.00 over the original
budget. He stated all bids were from
reputable contractors and they were felt to be reasonable.
Mr. Smith from
the Contract Group addressed the Council and stated they had 7 Plan Holders
take out specifications and they had received 3 bids. He stated the contractor they recommended was
the low bidder. He stated they will try
to work with the contractor to take some of the cost of the bid on some of the
items and if that were done they would be approximately $125,000.00 over the
original budget. The City Administrator
stated there was a list of engineering alternatives that were submitted and he
felt many of those were items that they would look at but he did not think they
would get to the $150,000.00 level as one of the significant ones included was
to change the exterior wall design which he outlined. He stated if they considered this alternative
that they would add another review process and could be a problem with the time
schedule.
Dr. Barton
asked the total bond issue and the City Administrator advised it was
approximately 2.2 million and the total cost was 2.5 million. He stated the budget cost is now at 2.5
million and the amount available from the bond proceeds was approximately 2.2
million. Dr. Barton asked if they
stopped the project now how much has been expended and Mr. Smith stated they
were committed to approximately $8-900,000.00 and outlined the work that had
been done to date and stated that much of the demolition had been done. The City Administrator stated an option they
could look at was rolling over a portion of that overage into the ice arena
debt.
Mayor Dielmann
called for the vote on the motion with the vote upon such motion being
unanimous.
APPOINTMENTS
Mayor Dielmann requested
the appointments be deferred until the next meeting.
Mrs. Trout
moved the appointments be deferred to the next meeting.
Mr. Wolkowitz
stated since the Nominating Committee had met on June 16, 2003 and if Council
did not vote at this meeting that he felt there was a Charter issue.
Mayor Dielmann
stated if the Council voted to defer the appointments that it would be to the
next meeting.
Mr. Kassander
seconded the motion to defer the appointments.
Ms. Bryant
asked if the City Attorney concurred with the recommendation to defer the
appointments? The City Attorney stated
he did not understand what the Mayor had said about the deferral.
Mayor Dielmann
stated the Charter provides that he has 14 days to make the Appointments from
the date the Nominating Committee makes the recommendation and if they are
brought forth and a deferral was requested by the Council, which they could do,
it was his opinion that would meet the Charter requirements.
The City
Attorney stated he did agree that there was a 14-day period for the Mayor to
make the nominations and if he did not make them within that 14-day period, the
President of the Council was required to make the nominations in the following
14-day period. Mayor Dielmann asked what if the Council takes action in
deferring? The City Attorney stated he
did not think that was allowed in the Charter.
Mrs. Trout asked the City Attorney if he was saying his opinion was different than it was in February of 1993 which said that the City Attorney advised a writ of mandamus was a proceeding that can be initiated, etc. It also states that the City Attorney advised that only when there was a clear refusal to act other than a deferral or postponement was the remedy appropriate. Mrs. Trout stated the previous question was "can we defer" and his comment was "yes you can defer as long