2008-04-07 Regular Council Session Agenda

Home Browse Search

M. COUNCIL COMMENTS Mr. Glickert motion that proof of compliance with all storm water management regulations enforced by MSD, St. Louis County and Missouri Department of Natural Resources be submitted before the Council for review as soon as possible. Until review of the required permits and acknowledgement of compliance by the Council, all development construction and environmental modification of Ruth Park is delayed. It is anticipated that such delay would amount to no more than one month. This motion was seconded by Mr. Wagner. Mr. Wagner stated that it was pointed out to them by environmental expert Mr. Sherburne at Friday’s Special Session, the need for permits required by MSD, Missouri Department of Natural Resources and St. Louis County. Mr. Wagner stated that he has always favored a study of the storm water drainage. Ms. Feier said that when it was called to the City’s attention, the City immediately obtained what was needed from the Missouri Department of Natural Resources, St. Louis County kept referring the City back to MSD and it would take several weeks to acquire their permit with MSD. In answer to Mr. Sharpe’s request, Ms. Feier explained that certain items were ordered and in production for the driving range and she was not sure exactly what it would cost, if the contacts were delayed. Ms. Ricci moved to amend Mr. Glickert’s motion to suspend any non-essential work on the driving range for a period of three weeks to allow for: 1. The City Manager to assess the permitting issue 2. The City Manager to review the contract for this work to determine any possible liability the City may have in suspending or terminating any work at Ruth Park and provide Council with information that the City is in compliance with the needed permit. City Attorney John Mulligan stated that the purpose of the motion would be to direct the City Manager, discharging her responsibilities under the Charter to oversee the contract, to make sure there is compliance with all the permit requirements. He felt that this could be done in a manner that doesn’t breach a contract. All contracts require that there be compliance with the law as they are executed. In discharging the City Manager’s responsibilities under the Charter of overseeing the contract it takes compliance with. Mr. Mulligan would be concerned about tying the City Manger’s hands for a particular period of time, thereby possibly violating the agreement. His preference would be a motion or directive to make sure the City is in compliance with all the permitting requirements. In this way, it doesn’t expose the City to any contractual liability or any consequence of any permit violations. Ms. Ricci withdrew her motion to amend. She then motion to postpone further discussion on Ruth Park Driving Range permitting and contractual liability until date certain, March 27, 2008, after the conclusion of the scheduled Council Special Session, thereby postponing decision on Mr. Glickert’s motion till then. Mayor Adams stated that anyone voting Yes on this motion would also commit to being present at the March 27, 2008, scheduled Special Session meeting. The motion to postpone any further discussion until March 27 was approved by the majority with one Nay vote from Mr. Wagner.