MINUTES. REGULAR CITY COUNCIL MEETING Thursday, September 2, :00 p.m.

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1 MINUTES REGULAR CITY COUNCIL MEETING Thursday, 7:00 p.m. CALL TO ORDER PLEDGE OF ALLEGIANCE A meeting of the City Council of the City of Maryland Heights was held on Thursday, at City Hall, Dorsett Road. Mayor Michael Moeller presided and called the meeting to order at 7:00 p.m. Dr. Dennis Winthrop, resident, led the Pledge of Allegiance. ROLL CALL Council Members Present Council Members Councilwoman Judy Barnett was excused due to illness. Following the call of the roll, City Clerk J. Cova reported a quorum was present. Also present were: M. Levin, City Administrator; T. Lucas, Assistant to City Administrator; S. Berry; Communications Manager; T. O Connor, Chief of Police; J. Wayne Oldroyd, Director of Community Development; H. Paperner, City Attorney; B. Pearl, Director of Public Works; and D. Watson, Director of Finance. APPROVAL OF AGENDA Moved by, seconded by, to approve the agenda as submitted. Moved by, seconded by, and unanimously carried to remove Item 2, a resolution adopting a Capital Improvements Program and Item 12, related to employee extended leave, and to add Item 1A, a motion approving the lease for copy machines and Item 14 regarding a Conditional Use Permit for Ultimate Soccer Arenas of Missouri. Motion unanimously carried to approve the agenda as amended. Page 1 of 11

2 APPROVAL OF MINUTES Regular Meeting 08/05/10 Moved by, seconded by, and unanimously carried, to accept for the record the minutes of the August 5, 2010 regular council meeting as submitted. APPOINTMENTS & PRESENTATIONS Presentations Re-appointments The Mayor presented diplomas to all graduates of the second session of Maryland Heights University. The mayor reappointed Lee Scaggs to a five-year term on the Board of Adjustment expiring August 15, 2015 and Charzel Davis, Beatrice Loynes, and Cathy Denekere to three-year terms on the Beautification Commission expiring September 1, PUBLIC FORUM Dr. Dennis Winthrop COUNCIL COMMENTS Announcements Dr. Dennis Winthrop, 1725 Pheasant Run Drive, spoke to the Council on the prospect of constructing a stadium in Maryland Heights for the St. Louis Rams. Dr. Winthrop stated that many years ago there was a movement to construct a stadium in Maryland Heights for the St. Louis Football Cardinals prior to their move to Arizona. Dr. Winthrop suggested the Mayor and City Council contact Mr. Stan Kronke, owner of the St. Louis Rams, to discuss this issue. 1. Dog Daze of Summer Sept. 6, 7:30 p.m., Aquaport 2. Public Improvements Committee Sept. 7, 5:30 p.m. Government Center 3. Community Development and Neighborhood Preservation Committee Sept. 7, 5:30 p.m. 4. Concert in the Park, Sept. 10, Vago Park 5. Parks and Recreation Council Committee Sept. 14, 5:15 p.m., Government Center 6. Community and Public Relations Committee Sept. 15, 1:00 p.m., Community Center 7. Finance Committee Meeting Sept. 16, 5:30 p.m., Government Center Page 2 of 11

3 MAYOR S REPORT Announcements 1. Next Regular Council Mtg., Thurs., Sept. 16, 7:00 p.m., Government Center 2. Beautification Awards Ceremony, Wed., Sept. 15, 7:00 p.m., Maryland Heights Centre CITY ADMINISTRATOR S REPORT Request for Executive Session (Closed) Planner, David Bookless The City Administrator requested an Executive Session be held at the end of the meeting to discuss matters of litigation and land acquisition. The City Administrator noted that the Planner, David Bookless, would be leaving his employment with the City to become the Director of Community Development for the City of Bridgeton. CITY CLERK S REPORT Certification of Legislation Invoices Report Received for the Record The City Clerk certified for the record that all legislation on the Agenda as approved, was posted and available for public inspection. The Invoices Report certified by David V. Watson, attached hereto and made a part of these minutes, was accepted for the record as submitted. ATTACHMENT A: Invoices Report, pp in an amount of $2,021,893.81, certified by David V. Watson, Director of Finance Request for Records Disposal #82 Administration The City Clerk submitted for the record, a request from the Administration Department to dispose of records in accordance with the State of Missouri Records Retention Schedule. ATTACHMENT B: Disposal of Records #82 from the Administration Department. Millwell Green Bimbo Bakeries - Architectural Elevations Amendment Planning Resolution and the Report of the Planning and Zoning Commission approving amendments to the architectural elevations originally approved by Planned District Ordinance were submitted and accepted for the record. Page 3 of 11

4 ATTACHMENT C: Action of the Planning and Zoning Commission dated August 26, 2010, from J. Wayne Oldroyd, AICP, City Planner, Re: Approval of amendments to the architectural elevations approved in conjunction Planned District Ordinance CITY ATTORNEY S REPORT None NEW BUSINESS Motion Motion to purchase deicing salt for 2010/2011 winter season Moved by, seconded by, and unanimously carried, to purchase deicing salt from the City of Chesterfield for the 2010/2011 winter season in the amount of $42, with delivery and unloading services by Lange Stegmann in the amount of $7, and make supporting documentation part of the record. ATTACHMENT D: Memorandum dated August 30, 2010, to Mark Levin, City Administrator, from Bryan Pearl, Director of Public Works, Subj.: 2010/2011 Roadway Deicing Salt, Approval of Bids Motion Motion approving lease for copy machines Res Policy Distribution of Gaming Tax Revenues Moved by, seconded by, and unanimously carried to authorize the City Administrator to enter into a fiveyear lease with Ikon for three RICOH MP6001 copy machines at a cost of $ per month and make supporting documentation part of the record. Resolution was introduced, a resolution repealing Resolution regarding the distribution of gaming tax revenues and establishing a new distribution policy in lieu thereof. Moved by, seconded by, and unanimously carried to approve Resolution by title only. Bill 3484 Re-enacting a Code of Ethics (Assigned Ord. No ) Bill 3484 was introduced, an ordinance re-enacting the code of ethics provision of Ordinance , which provides for the disclosure of potential conflicts of interest for certain officials of the city. Moved by, seconded by and unanimously carried, to approve the first reading of Bill 3484 by title only. Moved by, seconded by to approve the second reading of Bill 3484 by title only. Page 4 of 11

5 Bill 3484 passed 7 Aye, 0 Nay, 1 to be submitted to the Mayor for Bill 3485 Amending ordinance pertaining to the Capital Improvement and Reserve Funds 3426) Bill 3485 was introduced, an ordinance amending Ordinance regarding the Reserve Fund and Capital Improvement Fund. Moved by, seconded by, and unanimously carried, to approve the first reading of Bill 3485 by title only. Moved by, seconded by, to approve the second reading of Bill 3485 by title only. Aye Bill 3485 passed 7 Aye, 0 Nay, 1 to be submitted to the Mayor for Bill 3486 Amendment Schedule V Electric Traffic Control Devices 3427) Bill 3486 was introduced, an ordinance repealing Schedule V of Ordinance , dealing with electric traffic control devices and enacting a new Schedule V in lieu thereof. Moved by seconded by, and unanimously carried, to approve the first reading of Bill 3486 by title only. Moved by, seconded by to approve the second reading of Bill 3486 by title only. Page 5 of 11

6 Bill 3486 passed 7 Aye, 0 Nay, 1 to be submitted to the Mayor for Bill 3487 Task Order #2 CDG Engineers Dorsett at Progress/Old Dorsett and I ) Bill 3487 was introduced, an ordinance amending Ordinance authorizing Task Order #2 related to Dorsett Road at Progress Parkway/Old Dorsett Road and Interstate 270 at Dorsett Road enhancements. Moved by, seconded by and unanimously carried, to approve the first reading of Bill 3487 by title only and make supporting documentation part of the record. Moved by, seconded by to approve the second reading of Bill 3487 by title only. Bill 3487 passed 7 Aye, 0 Nay, 1 to be submitted to the Mayor for ATTACHMENT E: Memorandum dated August 30, 2010, to Mark Levin, City Administrator, from Bryan Pearl, Director of Public Works, Subj.: Interstate 270 at Dorsett Road Interchange, Dorsett Road at Progress Parkway/Old Dorsett Road, CDG Engineers, Task Order #2, Construction Engineering Services and Budget Amendment Page 6 of 11

7 Bill 3488 Agreement Missouri American Water waterline installation Dorsett at Progress/Old Dorsett 3429) Bill 3488 was introduced, an ordinance amending Ordinance by authorizing a supplemental agreement with Missouri American Water Company to install new waterline facilities related to Dorsett Road at Progress Parkway/Old Dorsett Road improvement project. Moved by, seconded by, and unanimously carried, to approve the first reading of Bill 3488 by title only and make supporting documentation part of the record. Moved by, seconded by to approve the second reading of Bill 3488 by title only. Bill 3488 passed 7 Aye, 0 Nay, 1 to be submitted to the Mayor for ATTACHMENT F: Memorandum dated August 30, 2010, to Mark Levin, City Administrator, from Bryan Pearl, Director of Public Works, Subj.: Dorsett Road at Progress Parkway/Old Dorsett Road, Facility Relocations Supplemental Agreement #1, Missouri American Water Bill 3489 Change Order #1 J.M. Marschuetz Essex Avenue Imp. Project 3430) Bill 3489 was introduced, an ordinance amending Ordinance authorizing the Mayor to execute Change Order #1 with J.M. Marschuetz Construction for construction services related to the Essex Avenue Improvement project (Smiley Road to Taylor Avenue). Moved by, seconded by and unanimously carried, to approve the first reading of Bill 3489 by title only and make supporting documentation part of the record. Moved by seconded by to approve the second reading of Bill 3489 by title only. Page 7 of 11

8 Bill 3489 passed 7 Aye, 0 Nay, 1, to be submitted to the Mayor for ATTACHMENT G: Memorandum dated, to Mark Levin, City Administrator, from Bryan Pearl, Director of Public Works, Subj.: Essex Avenue Change Order #1 Bill 3490 Amendment Section A Schedule III Parking Restriction on Designated Streets 3431) Bill 3490 was introduced, an ordinance repealing Section A of Schedule III of Ordinance , dealing with parking restrictions on designated streets, and enacting a new Section A of Schedule III in lieu thereof. Moved by, seconded by and unanimously carried, to approve the first reading of Bill 3490 by title only. Moved by, seconded by to approve the second reading of Bill 3490 by title only. Bill 3490 passed 7 Aye, 0 Nay, 1 to be submitted to the Mayor for Bill 3491 Conditional Use Permit 2316 Schuetz Road Davidson Surface Air Bill 3491 was introduced, an ordinance enacting a Conditional Use Permit authorizing general warehousing with limited outdoor storage at 2316 Schuetz Road (Petition of Davidson Surface Air) Page 8 of 11

9 3432) Moved by, seconded by and unanimously carried, to approve the first reading of Bill 3491 by title only, and make supporting documentation part of the record. Moved by, seconded by to approve the second reading of Bill 3491 by title only. Bill 3491 passed 7 Aye, 0 Nay, 1 to be submitted to the Mayor for ATTACHMENT H: Planning Commission Recommendation to City Council dated August 26, 2010 from J. Wayne Oldroyd, AICP, City Planner, Subj: Approval of conditional use permit to allow general warehousing and the outdoor storage of material and equipment (aircraft parts, tools, and equipment) at 2316 Schuetz Road. Bill 3492 Lease Agreement Ultimate Soccer Arenas of Missouri Sportport Sportport Road. 3433) Bill 3492 was introduced, an ordinance repealing Ordinance , authorizing a lease agreement with Ultimate Soccer Arenas of Missouri LLC for Sportport, with a purchase option, and enacting a new ordinance and lease agreement in lieu thereof. Moved by, seconded by, and unanimously carried to approve the first reading of Bill 3492 by title only. Moved by, seconded by, and unanimously carried to approve the second reading of Bill 3492 by title only. Page 9 of 11

10 Bill 3492 as amended passed 7 Aye, 0 Nay, 1, to be submitted to the Mayor for Bill 3493 Conditional Use Permit Recreation Facility Sportport Road (Petition of Ultimate Soccer Arenas of Missouri LLC with the consent of the City of Maryland Heights 3434) Bill 3493 was introduced, an ordinance authorizing a Conditional Use Permit for a community recreation facility in the NU Non-Urban District for an 84.5 acre site located at Sportport Road (Petition of Ultimate Soccer Arenas of Missouri LLC with the consent of the City of Maryland Heights). Moved by, seconded by, and unanimously carried to approve the first reading of Bill 3493 by title only and make supporting documentation part of the record. Moved by seconded by, and unanimously carried to approve the second reading of Bill 3493 by title only. Bill 3493 as amended passed 7 Aye, 0 Nay, 1, to be submitted to the Mayor for ATTACHMENT I: Planning Commission Recommendation to City Council dated July 12, 2010 from J. Wayne Oldroyd, AICP, City Planner, Subj.: Approval of a conditional use permit for a community recreation facility at Sportport Road Executive Session (closed) Moved by, seconded by and unanimously carried that the meeting be adjourned to Executive Session in accordance with RSMO as amended, to discuss matters of real estate acquisition and litigation. Page 10 of 11

11 Motion was declared passed 7 Aye, 0 Nay, 1. Time of adjournment 7:46 p.m. Open Session Resumed Stadium in Maryland Heights Adjournment Moved by, seconded by, and unanimously carried, to resume open session. Open Session Resumed 8:23 p.m. The Council discussed the earlier comments from Dr. Dennis Winthrop as to whether or not they should pursue a conversation with the owner of the St. Louis Rams to construct a new stadium in the City of Maryland Heights. It was the consensus of the Council that they did not support initiating that discussion at this time. Moved by, seconded by, and unanimously carried to adjourn the meeting. Time of adjournment 8:30 p.m. City Clerk Date Accepted Page 11 of 11