MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL JANUARY 22, 2007

MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL JANUARY 22, 2007 A regular meeting of the City Council of the City of Creve Coeur was called to order by Mayor Harold L. Dielmann at the Creve Coeur Government Center, 300 North New Ballas Road on Monday, January 22, 2007 at 7:00 p.m. PLEDGE OF ALLEGIANCE INVOCATION ROLL CALL The Pledge of Allegiance was given. The Invocation was given by Mayor Dielmann. The following members were in attendance: Harold Dielmann Mrs. Kistner Mr. Kreuter Ms. Lynch Mr. Wang Mr. Kassander Ms. Bryant Mrs. Rhoades Mayor Council Member Ward I Council Member Ward I Council Member Ward II Council Member Ward II Council Member Ward III Council Member Ward IV Council Member Ward IV Mr. Haddenhorst, Council Member Ward III, was absent. PUBLIC HEARING The Public Hearing scheduled for this meeting to consider Amendments to the Master Signage Plan for Plaza Motors, 11830 Olive Boulevard was rescheduled to February 12, 2007. Additions to Acceptance of the Agenda Council Member Kistner moved, seconded by Council Member Kassander, acceptance of the Agenda, with the vote upon such motion being as follows, to-wit: Council Member Kreuter Aye Council Member Kistner Aye Council Member Wang Aye Council Member Rhoades Aye Council Member Kassander Aye Council Member Bryant Aye Council Member Lynch Aye

The vote on the motion being 7 Ayes and No Nays the Agenda was accepted, as submitted. Comments from the General Public Mayor Dielmann asked if there was anyone in attendance who wished to address the Council. Mr. Les Steinberg, 307 Falaise addressed the Council and read the following statement: My name is Les Steinberg. I originally planned on being here tonight to introduce myself to the City Council and thank the Mayor for appointing me Chair of his task force regarding the power outages experienced here in Creve Coeur. My intent was to speak at the beginning of this meeting and not take up too much of your time. My daughter is enjoying her special evening downtown at the live version of High School Musical with mom, and I was assigned to watch my son. He came home from school feeling under the weather and I had to get a babysitter at the last minute who needs me to return home as soon as possible. I now understand this Power Outage task force to be a New Business Agenda Item, and I have to apologize to the Mayor and Council and tell you I can t stay as long as this meeting will last. I thank you for letting me speak briefly at this time. When Mayor Dielmann and I spoke about the recent power outages, he told me he had been thinking about creating a task force and he asked me if I would serve as chair. I gladly accepted. Mayor Dielmann, thank you for acting so quickly to bring this task force into commission and for appointing such good persons to serve. THERE IS NO ISSUE THREATENING THE HOMEOWNERS AND FAMILIES IN CREVE COEUR MORE THAN THE REPEATED AND UNNECESSARY POWER FAILURES. We need to move immediately to address this issue. Our residents demand it. This is a time for all of us to work together. I have already contacted the persons serving on the committee with me and have been able to schedule our first meeting for this coming Wednesday, Jan. 24th. I understand that the instinct of some council members is to complain about process and be argumentative. Now is not the time to argue about who gets credit for the idea of a task force. We could have another power failure in the next week or none for six months. Frankly, I am tired and I know that my friends and neighbors are tired of these power failures. We are also tired of all the bickering here at city council. Seniors and those in poor health risk their lives with every power failure. Freezers are emptied and basements flood when sump pumps don t have power to work. I had to attempt to save my nephew s fish in his salt water tank because he was out of town during the last storm. Our residents should not have to put out thousands of dollars to purchase and install generators. I want the task force to study the specific reasons behind these power outages and determine if there is anything our city can do to minimize the negative impact. I want to find out where these lines are coming down, what the tree-trimming practices are within our city, and while we will obviously spend some time talking with Ameren, I think standing in that complaint line might not be the best use of our time. Trying to get a big company like Ameren to fix this problem might be too monumental a task. Working together within our community might prove to be a better solution we might be able to fix this problem ourselves instead of relying on others. That same thinking holds true with the operation of this task force itself. With five qualified individuals able to convene on a moments notice, with the responsibility of reporting back to the Mayor or the entire city council, we should be able to learn and investigate in a very efficient manner. Creating a 12 member task force of the magnitude

proposed by Ms. Bryant, I am afraid that more energy will be wasted attempting to schedule a meeting, let alone sitting around hearing everyone s opinions about what they think the task force should do. My idea of this task force is to learn about the problem, investigate solutions and report back to the City so that you can then move forward with solving the problem. We shall remain subject to the direction of the City Council and we shall make regular reports to you regarding our work and findings. We don t need city money, we don t need subpoena powers and we don t need to burden an already busy city staff. If at any point in time those things become necessary, by all means I will come back and ask you for your authority and help. Please let the mayor s task force serve you and our residents by being able to get a job done efficiently and as quickly as possible. Please don t let the constant arguing, the jockeying for who gets credit, the shadow government tactics and political maneuvering bog down this very important assignment created by our Mayor. Thank you. ANNOUNCEMENTS The City Clerk announced: The City Council meets the 2 nd and 4 th Monday of each month 6:00 p.m. 7:00 p.m. Work Session and Agenda Review 7:00 p.m. Regular meeting of the City Council Public Hearings: February 12, 2007 starting at 7:00 p.m. To Consider Amendments to the Master Signage Plan for Plaza Motors, 11830 Olive Boulevard. To Consider a Request for a Conditional Use Permit for Qdoba Mexican Grill to be located at 776 North New Ballas Road. To Consider a Text Amendment to provide for Surgical Hospitals in the PO Planned Office District. 1. Consent Ordinance Readings 2. Consent Agenda There were no Consent Ordinance Readings. Council Member Kassander moved, seconded by Council Member Kistner, approval of the Consent Agenda, with the vote upon such motion being as follows, towit: Council Member Lynch Aye Council Member Kassander Aye Council Member Bryant Aye Council Member Rhoades Aye Council Member Wang Aye Council Member Kistner Aye Council Member Kreuter Aye The vote on the motion being 7 Ayes and No Nays, the Consent Agenda was approved.

(A) Minutes Regular Meeting, City Council dated January 8, 2007. The City Council approved the minutes of a regular meeting of the City Council dated January 8, 2007. 3. Bills Payable Report, for Information Only January 22, 2007 Bills Payable in the amount of $88,645.21 dated January 18, 2007, entry date of January 18, 2007, was provided for Council information only. 4. Transportation Development District UNFINISHED BUSINESS Mayor Dielmann said a meeting of the TDD Board was scheduled for Tuesday, January 23, 2007 and a report would be made at the next Council Meeting. Council Member Lynch said at the last TDD meeting members of the TDD Board had been provided a schedule of TDD improvements as of January 8, 2007 that indicated the different actions within the projects and the time of completion. Council Member Bryant said the TDD Board approved a Resolution in 2004 authorizing the TDD to enter into an Agreement with MoDOT. She said in the Agreement it stated that Exhibit D was a construction schedule and she had been unable to find a copy of it and she would like to know if they had a copy of the original schedule that went with the Agreement. The City Administrator said he did not have it with him but he had sent a copy by email to Council Member Bryant earlier today. Council Member Kassander asked if the paving of Olive Boulevard was included in this schedule and Mr. O Connor from the Koman Group said it was shown as west of Craig and was the schedule to add in the extra lane. 5. Missouri Ethics Commission Update The City Attorney said the Court had sent out a status notice setting a status conference for February 20, 2007. He said he had drafted the discovery motion and it would be presented at the same time. Council Member Kistner asked if the City Attorney could be prepared at the next Council Meeting to provide a summary of the expenses to date and he advised that he would. 5. Ethics Commission Complaint Update (Continued) Council Member Bryant said if there was to be a summary of expenses to date she felt it would be helpful if they looked at legal expenses to date in general as opposed to this specific lawsuit because she thought it was a good idea that they have a good handle on what the City is spending on legal expenses. She said to focus on one particular lawsuit particularly when part of this was created by a Council Member signing an Ethics Complaint.

6. Reconsideration of the Site Development Plan for the CityPlace VII Development, located at the southeast corner of Olive Boulevard and Old Ballas Road, at the US Bank and former Essen Hardware Property Council Member Kassander moved approval for reconsideration of the Site Development Plan for the CityPlace VII Development, which motion was seconded by Council Member Bryant. Council Member Kassander said he had asked this be placed on the Agenda and he had covered most of his major concerns at the last meeting, the traffic impact, setback on Olive Boulevard that does not allow for future roads and the expected CBD traffic. He said his reason to discuss this further was to clarify that an Occupancy Permit would need to follow the traffic infrastructure improvements including the Olive TDD paving portion, and requested Mr. O Connor answer a question on what the schedule said as to when it was being completed as he had understood the issue differently at the last meeting as he did now. He said he felt the setback was bad planning and he had felt they had no discretion in the matter that it fit the zoning and voting against it on that particular issue would have been incorrect and said basically that he was wrong and had voted on that false assumption. He said that was his reason for requesting this be put on the Agenda and to add an amendment to tie the Occupancy Permit to the substantial completion of the TDD. Mayor Dielmann requested an opinion of the City Attorney. The City Attorney said he felt they could put that kind of a condition on it. Mayor Dielmann asked if they could require the completion of a highway for a permit for a building. The City Attorney said given the nature of the relationships and the assumptions. Mayor Dielmann said he was talking about one-half mile road, that if someone wanted to build a building on their private property they could not do that until the State Highway Department completed that road. The City Attorney said the question that had been asked was it legal, and his answer would be yes. He said if the determination was made that it would not be a safe condition without road improvements there was a rational connection. Mayor Dielmann said if they built one building on a half-mile highway that they could restrict the occupancy of that building when it was a state highway that carries 45,000 cars and their number of parking spaces was 250. He said if it was restricted he felt there would be litigation and asked if he agreed. The City Attorney said he agreed that litigation would be likely and he was not saying that a court would uphold it based on the facts but this was a theoretical possibility. If the facts are correct then it would be legal but a court could look at it and conclude that it disagrees with an analysis saying that there was enough of a connection between the building and the traffic. He said he would not pretend to predict the outcome. 6. Reconsideration of Site Development Plan for CityPlace VII Development (Continued) Council Member Lynch said she had a problem with that because there was a domino effect here. She said they know that the TDD needs additional funding and there was a proposal that the additional funding would come from taxes from this building and a potential building. She said that funding was predicated by the City Council and they could have a Council that approves this amendment requiring that they get occupancy in this building they have to complete the TDD but the Council could also not approve that additional funding mechanism which would put in peril the TDD getting completed.

Council Member Kistner said she would stand by her vote on the Site Development Plan and she felt if there was concern they should work hard as a Council and a TDD Board to make sure that the Olive Boulevard improvements take place. Council Member Bryant said based on what Council Member Lynch had said she wanted to ask if staff or the City Attorney could provide Council with a short timeline for the building and the TDD. She said she understood they were here for approval of this building and Mayor Dielmann said it had been approved at the last meeting. Council Member Bryant said she had voted in opposition and asked what the next step would be. The City Administrator asked if it was in regard to the building. Council Member Bryant said these two were intersecting and asked for clarification what the next step would be to get the 353 in place. The City Administrator said as the project now stands the Developer had said they would be exploring possible supplemental funding options which centered around this building and using a community improvement district and possibly a 353 tax abatement in order to fund the gap of the TDD. He said he would anticipate that they would be hearing back from them within the next two months regarding the possibility of whether it would be feasible, it would have to be approved by the City Council and there was a process to go through for both of those mechanisms which would occur prior to any development of this building. Council Member Bryant asked if there would have to be a blighting study done and the City Administrator said for the 353 Tax Abatement Program there has to be a blight analysis. Council Member Bryant asked if the City Council would have to approve the blighting of the property. The City Administrator said there would be a blight analysis done by a third party and the City Code lays out a process for establishing that 353 which he outlined. Council Member Bryant asked if this goes according to plan, the property would get blighted and become eligible for a tax abatement and the City Administrator said that was correct. Council Member Bryant said then the funding mechanism would be put into place for the remaining construction of the TDD and that makes construction of this building feasible because the Agreement requires the improvements be made one way or the other, and asked if that was correct; that it starts with the building, goes to the TDD, the 353 the blighting, TDD improvements and the building. The City Administrator said she had said the Agreement requires the construction one way or the other and Council Member Bryant said on the road improvements on Olive Boulevard. Council Member Bryant said to do this building that the building approval requires the improvements be made and that the buildings do not get done without the 6. Reconsideration of Site Development Plan for CityPlace VII (Continued) improvements. The City Administrator said the City Planner had provided Council a memo dated this date that lists the conditions that the City Council placed on CityPlace VII at the last meeting with the 7 th condition being that the Applicant complete the traffic improvements recommended by the CBB in their report on the property controlled by the Developer prior to the issuance of Occupancy Permits. Council Member Bryant said if for some reason the TDD improvements do not get made these buildings could still be constructed. The City Administrator said that was correct, as it stands now. Mayor Dielmann said the roadway would be built in front of this property, CityPlace, South, would be built before it would be approved. The City Administrator said it would be among the property they control, that they would control three corners of the four and it was his understanding they were working to obtain the easement for the fourth corner as part of the TDD project. Council Member Bryant asked if the road improvements could be made then and the City Administrator said that was

correct, for that intersection. Council Member Bryant said that one way or the other they have to get done and meet the same requirement like any other improvement and they get done whether the TDD does them and the City Administrator said or the Developer. Council Member Bryant said as long as somebody does it that she wanted to make sure. Mayor Dielmann asked if the reason for bringing this back up for reconsideration was that the road be built in front of this property and Council Member Bryant said she did not know what Council Member Kassander s reason was. Mayor Dielmann asked if that was what Council Member Kassander was asking for. Council Member Kassander said that was not good for solving the traffic problem that they have an extra lane to go for one block and he did not think anyone wanted that, that they wanted the extra lane to go all the way to the highway. Mayor Dielmann stated the requirement when the building was approved was that it had to be put in place and Council Member Kassander wanted to amend it to make it run from I-270 to Craig Road. Council Member Kassander said his intent was that the actual work on the paving the additional lane for Olive Boulevard be underway so they know it was going to be done before the Occupancy Permit would be issued. He asked on the schedule if it indicated it would start this year and Mr. O Connor said yes, and the completion would be May, 2008. Council Member Kassander asked if the starting would be August and Mr. O Connor said parts of it. Council Member Kassander asked when from the property to I-270 would be started and Mr. O Connor advised it would be starting December 1 and ending in May, 2008, if everything goes as planned. Council Member Kassander asked the proposed building schedule and Mr. O Connor advised it was approximately fourteen months from now to have it completed. Council Member Kassander asked if the Occupancy Permit was one of the last items to be completed and Mr. O Connor advised that was correct. Council Member Kassander said the work would be started based on this schedule before the Occupancy Permit would be issued and Mr. O Connor said provided they have the cooperation of the property owners and a funding mechanism in place to pay for the improvements. Council Member Kassander said his issue was the traffic and funding and there was nothing to delay them from building the building. Mr. O Connor said they would not start with that condition on it because it was something out of their control. Mr. O Connor said 6. Reconsideration of Site Development Plan CityPlace VII (Continued) the TDD Agreement and the TDD funds that are currently in place cannot be used for the third lane that it specifically states in the Agreement that they cannot be used for the third lane. Council Member Kassander asked how the third lane was funded. Mr. O Connor advised originally it was through their additional million dollar contribution and that was their choice but not required. Council Member Kassander said there was a good chance that a third lane would not be included if additional funding mechanisms were not approved by the Council and Mr. O Connor said that was correct. Council Member Kistner said it would be in front of the building and Mr. O Connor said that was correct as that was what they had committed to. Council Member Kassander said there was an additional lane for one block. Council Member Kistner said the City and the TDD had to make sure the rest of it happens. Council Member Bryant asked if the TDD did not exist what would normally happen on this site. Mr. O Connor said they would submit a Site Development Plan and based on the Plans the City has in place they would be been asked to provide ground for future traffic improvements such as they had done on the CityPlace retail in 1987. Council Member Bryant said she had voted no at the last meeting on this item. She said

she felt Council Member Lynch s comments were valid and she still had questions regarding the blighting issue and tax abatement from the school district and she felt when these things get tied together it hinders their ability to ask a lot of necessary hard questions about the process. She said she would not like to feel like they were pressured in going forward on it and whatever decision is made by the Council they need to make it free and clear. She said she was looking for a clarification of what the time length was and what it would be like without the TDD. She said what Mr. O Connor was saying was that they would turn the land over and they could get around expanding the road and give the land. Mr. O Connor said that was correct. Council Member Bryant said that Council Member Kassander s concern was to have a lane for one block does not do any good. Mr. O Connor said the original TDD traffic study and approval of the TDD was based on future development that as the parcels redevelop those landowners would be required to participate in the improvements that were called for in the TDD study. Council Member Bryant said she had asked about the original construction schedule and one of the things she had asked about was that there have been lots of delays and lots of reasons given for delays. She said she would like to know going forward if there are delays the TDD Agreement and she was not speaking on behalf of the entire TDD but with MoDOT, the reasons are given in writing and asked if he planned to do that. Mr. O Connor said yes, looking at the backup if it was a MoDOT or St. Louis County issue. Council Member Bryant said she felt that would have avoided a lot of problems and going forward if there were problems they should be communicated in writing as required by the contract with MoDOT and Mr. O Connor said he agreed. Mayor Dielmann asked if a blighting analysis was required for a 353 and the City Administrator advised it was required and the City has an Ordinance that adheres to the Statute on 353. Council Member Bryant said she did not know what kind of a precedent this would set if an empty lot was declared blighted to facilitate this project what happens in going forward. The City Administrator said 6. Reconsideration of Site Development Plan for CityPlace VII (Continued) there are definitions in the City redevelopment ordinance and covers many factors regarding tax generations, platting, etc. Mayor Dielmann asked the City Attorney about blighting on a vacant parcel of land. The City Attorney said it is possible, and has happened before when conditions impair development. Council Member Kistner suggested they return to the Site Development for CityPlace VII. Council Member Kassander said he appreciated the thorough discussion and asked the procedure if he should withdraw the motion or to vote against it. Council Member Kassander withdrew his motion, and Council Member Bryant, the second to the motion withdrew her second. 7. Bill No. 5053 for an Ordinance to authorize a Residential Designed Development (RDD) with accompanying Site Development Plan and Preliminary Subdivision Plat for the proposed Belle Maison Subdivision, described as a Tract of Land being part of the Northeast ¼ of Section 9, Township 45 North, Range 5 East, City of Creve Coeur, St. Louis County, Missouri, Final Reading as Amended, and Passage as Ordinance No. 4061 Bill No. 5053 was read for the final time, as amended, by the City Clerk.

Council Member Kistner moved, seconded by Council Member Bryant, approval of Ordinance No. 4061. The City Attorney requested Council accept the redline changes that had been discussed at the last meeting. He said the Developer had asked in Condition No. 9 that language be added at the end to read: as well as the area of any impacted lots. He said he felt that was an appropriate change. Council Member Kistner amended her motion to accept the redline changes and to include the change in Condition 9. as read by the City Attorney and Council Member Bryant, the second to the motion accepted the amendments. Council Member Bryant asked if the Developer had an opportunity to meet with the Trustee of Lac du Bois. Mr. Ed Levinson, the developer, said he had talked with the President of the Trustees of Lac du Bois and he said he had been satisfied that their concerns would be addressed. He said he had also talked with Mr. Hansford. Council Member Kassander expressed his appreciation to the Developer in putting together a development in a difficult area in the City. Council Member Bryant expressed her appreciation and said she felt he had done a very nice job. Mayor Dielmann called for the vote on the motion with the vote upon such motion being as follows, to-wit: 7. Bill No. 5053 (Continued) Council Member Lynch Aye Council Member Kassander Aye Council Member Bryant Aye Council Member Rhoades Aye Council Member Wang Aye Council Member Kistner Aye Council Member Kreuter Aye The vote on the motion being 7 Ayes and no Nays, Ordinance No. 4061 was approved. 8. Bill No. 5055 for an Ordinance approving a Professional Services Agreement regarding the Monitoring of Compliance with City Ordinances concerning Public Safety at Intersections between American Traffic Solutions and the City, Final Reading and Passage as Ordinance No. 4062 Council Member Bryant moved, seconded by Council Member Kreuter, approval of Ordinance No. 4062. The City Attorney advised Council had received a revised contract and requested it be incorporated. He said the changes affect 4.f and 4.g, which he outlined. He further stated clarification had been made in the Scope of Work, Section 1.3.1, which he

outlined and Section 1.3.6 a clarification on the integrations of the system, Section 1.3.7, a typo, Section 1.3.10, clarification about the signs which he outlined, Section 1.3.11, clarification of responsibility for power costs, which he outlined. He said on the Fee Schedule they had eliminated the ones that were not applicable. Council Member Bryant moved the final version of the Contract be accepted as recommended by the City Attorney, which motion was seconded by Council Member Kassander, with the vote upon such motion being as follows, to-wit: Council Member Lynch Aye Council Member Kassander Aye Council Member Bryant Aye Council Member Rhoades Aye Council Member Wang Aye Council Member Kistner Aye Council Member Kreuter Aye The vote on the motion being 7 Ayes and no Nays, Bill No. 5055 was amended to accept the final version of the Contract. Council Member Bryant said there had been discussion regarding the possible taking over of Ladue Road by St. Louis County when the Highway 40 projects starts and asked if there was any opportunity for the cameras to be used as part of the process. The City Administrator said he was not aware of any 8. Bill No. 5055 (Continued) discussion by the County regarding this at this time. The Chief of Police said at least two of the intersections are Ladue Road intersections. Lt. Funkhowser said he had been in contact with the County Counselor s office about that issue and they felt at this time the City still owns or has control of the roadway and there were no issues at this time. He said they had not had time to specifically ask that question and it would be coming up within the next two weeks. The City Administrator said if the City relinquishes control they would be looking at an Agreement with St. Louis County for that purpose. The City Attorney said they were planning on doing it on State roads and that some of the cities are doing it on County roads already and have County Agreements and he did not think there would be an obstacle that it would be a matter of working through it. He said the bigger problem was the pending State legislation in its present format. Council Member Kistner questioned the cost as stated in the memo and asked if there was a net cost to the City and she was advised by the City Attorney there was not. Council Member Kassander said if there were no violations they would not be paying ATS for the violations and asked if there was a monthly minimum and he was advised there was no cost. Council Member Bryant asked about the proposed State legislation. The City Attorney said under the current contract as he understood it they would have to renegotiate the contract. Mayor Dielmann called for the vote on approval of Ordinance No. 4062 to include the revised Contract with the vote upon such motion being as follows, to-wit: Council Member Kreuter Aye

Council Member Kistner Aye Council Member Wang Aye Council Member Rhoades Aye Council Member Bryant Aye Council Member Kassander Aye Council Member Lynch Aye The vote on the motion being 7 Ayes and no Nays, Ordinance No. 4062 was approved. NEW BUSINESS 9. City of Creve Coeur Missouri Comprehensive Annual Financial Report for the Year Ended June 30, 2006 The Financial Report for the Year ended June 30, 2006 was given by Mr. Robert Oferman, Partner with Hochschild, Bloom & Company, the City s independent Auditor. Council Member Kistner moved, seconded by Council Member Bryant, the Financial Report for the Year ending June 30, 2006, be accepted, with the vote upon such motion being as follows, to-wit: 9. City of Creve Coeur Comprehensive Annual Financial Report for Year Ended June 30, 2006 (Continued) Council Member Kreuter Aye Council Member Kistner Aye Council Member Wang Aye Council Member Rhoades Aye Council Member Bryant Aye Council Member Kassander Aye Council Member Lynch Aye The vote on the motion being 7 Ayes and no Nays, the Financial Report for year ended June 30, 2006 was approved. 10. Bill No. 5054 for an Ordinance amending Section 2-264 of the Municipal Code to extend the Creve Coeur Quality Jobs Program in order to continue to provide local incentives for Businesses participating in the Missouri Quality Jobs Program, First and Second Reading Bill No. 5054 was read for the first time by the City Clerk. Bill No. 5054 was read for the second time by the City Clerk. 11. Resolution No. 716 A Resolution of the City Council of the City of Creve Coeur, Missouri, authorizing the Mayor to execute a Contract with Shawnee Mission Tree Service for emergency storm damage debris removal for January 12, 2007 Storm Event for an amount not to exceed $352,000.00

Council Member Kistner moved, seconded by Council Member Bryant, approval of Resolution No. 716 authorizing the Mayor to execute a Contract with Shawnee Mission Tree Service for emergency storm damage debris removal for January 12, 2007 storm event for an amount not to exceed $352,000. Council Member Kassander asked about reimbursement. The City Administrator said he felt the City reimbursement probability was very high and staff has had experience with two storms going through this process. He said staff participated in a conference call last week to see if there had been any changes in the process and he felt confident they would be able to receive reimbursement to the rate of 85%. Council Member Wang asked the turnaround time for reimbursement after the job was completed and he was advised by the Director of Public Works that reimbursement from the August storm was received in December, 2006. Council Member Rhoades said she had received many positive comments about the staff responding to emergency calls throughout the storm. The City Administrator said Police Dispatch handled calls, Public Works crews were out and he felt everyone had done a great job. He said the contractor had started on Friday. Council Member Kistner complimented Connie Parish for working on a Holiday to answer phones. Council Member Bryant said she noted crews looking for downed trees and outlined what had transpired and expressed her appreciation. Council Member Wang asked about pickup of Pine 11. Resolution No. 716 (Continued) trees and the City Administrator advised they are picking them up depending on the size of the limbs that they can be no more than 3 feet. Mayor Dielmann called for the vote with the vote for approval of Resolution No. 716, with the vote upon such motion being as follows, to-wit: Council Member Lynch Aye Council Member Kassander Aye Council Member Bryant Aye Council Member Rhoades Aye Council Member Wang Aye Council Member Kistner Aye Council Member Kreuter - Aye The vote on the motion being 7 Ayes and no Nays, Resolution No. 716 was approved. 12. Bill No. 5056 Amending Ordinance Nos. 4054, 4055, 4056, 4057 and 4058 Regarding Ballot Language for Propositions to Amend the City Charter, and Declaring it an Emergency for Passage as Ordinance No. 4063 Bill No. 5056 was read for the first time by the City Clerk. Council Member Kassander asked if the Council had any options, that he did not feel this Ordinance gave any guidance to the voters on the Propositions, if the title could be added.

The City Attorney advised the title was included. He said each one had the subject matter in it. He said the problem was that when they move away from the exact language of the change if it was or was not a fair characterization of the language. He said the City plans to provide information to the public through the Newsletter and full copies of the materials would be made available outside the 25 feet of the Polling Place. He said it was available at the Government Center and the City Web Page to read. He said the Election Board would also post copies on the wall. He said they started working on the Charter Amendments in 2005 and the Election Commission has now changed all the machines and they cannot do the format or get all the information in there because the way the memory system records the votes that it records the full copy of the ballot language and overloads the system. He said what they have here is all that the Election Board wants to accept. Council Member Kistner requested that they make sure to take every opportunity to do the education. The City Administrator said they would put together a full text and place the boxes 25 feet outside the polling places and they would be replenished throughout the day. Council Member Bryant asked if the candidates and residents could advocate on behalf of the Charter Amendments. She said it was her understanding they could do it as an individual Council Member but not at taxpayer expense and the City Attorney advised that was correct. The City Administrator said they would put information in the February Newsletter and in 12. Bill No. 5056 (Continued) March issue they would have a four-page layout dedicated entirely to the ballot items in summary form of each proposition. He said on the City webpage they would have the full ordinances with the redline. Council Member Bryant requested the City Attorney personally reviews all copy associated with this. Bill No. 5056 was read for the second time by the City Clerk. Council Member Kassander moved, seconded by Council Member Rhoades, Bill No. 5056 be read for the third time which was approved unanimously. Bill No. 5056 was read for the third time by the City Clerk. Council Member Kassander moved, seconded by Council Member Bryant, approval of Ordinance No. 4063, with the vote upon such motion being as follows, to-wit: Council Member Kreuter Aye Council Member Kistner Aye Council Member Wang Aye Council Member Rhoades Aye Council Member Bryant Aye Council Member Kassander Aye Council Member Lynch Aye The vote on the motion being 7 Ayes and No Nays, Ordinance No. 4063 was approved. 13. Resolution No. 717 A Resolution of the City Council of the City of Creve Coeur, Missouri, establishing a Task Force to develop recommendations regarding

protection against future interruptions of the Electrical power supply by severe weather conditions Council Member Rhoades moved, seconded by Council Member Kassander, approval of Resolution No. 717. Council Member Bryant said she felt she needed to provide an explanation. She said this was not about somebody taking credit for something or political maneuvering and she hoped this Resolution was being proposed to try to minimize political maneuvering. She said she believed the City Charter s process exists for a reason and thought it was to make the process of providing input and feedback as reliable and fair as possible. She said she hoped this Resolution would pass and help the Mayor do the right thing and create a Task Force that was more in keeping with what they have done in the past. She said she felt it was important to include the business as well as the residential community as they were not alone with the power interruptions and creates a hardship for someone who is trying to operate a business as well as someone trying to live in a home without heat or electricity. Council Member Bryant said 13. Resolution No. 717 (Continued) she had offered to Mr. Steinberg because she did not want to disappoint him that she would be happy to amend her Resolution so that he would continue to be Chair as the Mayor asked him to be. She said this was not supposed to be about cronyism that it was about making the process accountable, transparent, and instill confidence. She said she would hate to think that each of them would be in a position where they would feel compelled to create a personal or private Task Force to get something done as important as this. She said she felt the process worked very well and very quickly with the Eminent Domain Task Force and they took as long as they wanted to because there was no urgent deadline. Council Member Bryant said she felt this was a great idea of the Mayor s and she thought Council Member Kreuter brought it up first. She said she assumed this would be treated as a legitimate Task Force and as a result she did ask the City Attorney and the City Administrator to explain the difference if she wanted to form her own Task Force and what those limitations would be and that was the e-mail that had been referred to earlier today. Council Member Bryant said these were comments from the City Administrator and the difference between the Official Task Force and the Mayor s Task Force and she would like to ask the City Attorney to summarize this. She said there were several e-mails; one from Peter Wittenberg who lives in Ward I and he wrote this to Council Member Kassander in response to his last e- mail but copied his two Council Members, Mr. Kreuter and Mrs. Kistner and he has been very anxious to help and she felt he would be a great addition to the Task Force, and was another reason why she thought the Task Force should be done according to proper procedures. Council Member Bryant read a portion of the e-mail from Mr. Wittenberg. She said being on a real committee or task force meant something and she felt the City should provide all the resources they possibly could to this group of people so they could get the best job done. She said what she would hate to see happen that after a few weeks or months they come back to the City and say they need more information and resources and they could not have it because they were not a real committee or task force. Council Member Bryant said she could not see a reason why they would do this the right way unless there was some other motivation and she did not know what that would be. She stated in her Resolution that she would like to amend Section 1 to provide that Les Steinberg be the Chair.

Council Member Lynch said she felt it was unfair to call this a personal, private Task Force and she did not think that was the Mayor s intent when he formed the Task Force. Council Member Bryant said she had asked the City Attorney to explain the difference between the Task Force, that was part of her question and asked that he explain that and then they hear Council Member Lynch s comments. Council Member Lynch said the personal, private Task Force was something she had seen in Council Member Bryant s e-mail. Council Member Bryant asked if the City Attorney could answer first. Mayor Dielmann said he felt they should let Council Member Lynch make her comments. Council Member Lynch asked Council Member Bryant if she wanted to address the issue and Council Member Bryant said she felt it was fair to ask the City Attorney to provide the difference, and if she had used the wrong term he could clarify that. 13. Resolution No. 717 (Continued) The City Attorney advised an informal Task Force as currently in place is a group of private citizens and have only the rights of citizens and do not have the authority of the City behind them. Certainly the Mayor has his powers and as he participates he can bring information to them through his power but they as a group do not have really any authority at all that they are basically a team of advisors that the Mayor has assembled to give him information so he can be informed and then pursue whatever course of action he wants to pursue based on that. Council Member Bryant asked he explain what an official vs. The City Attorney said a City Task Force would be supported by the resources of the City, staff personnel, financial resources, etc. Council Member Lynch asked about documents. Mayor Dielmann asked if he could get documents from the City. The City Attorney said he could since he was participating that he had his rights as Mayor to bring them information. Council Member Lynch asked if there had been other Task Forces formed by the Mayor The City Administrator said the Mayor had a Round Table regarding development process matters. Mayor Dielmann said it was regarding inspections and the way people were being treated and he had formed a task force on that shortly after coming into office. Council Member Lynch said on the ability of this group to gather and have access to information and hold public forums and asked if that group could have a meeting and publicize it as a public forum to gather information from the community. The City Administrator said it was his understanding that they would be able to as the advisors of the Mayor. The City Attorney said one of the distinctions that had to be recognized was that the Mayor can invite people to a meeting but if the Mayor was not going to be at the meeting, the chairperson of the committee does not have any power to use City systems to make something happen. He said his understanding was that the Council Chamber was not typically made available for private meetings but if the Mayor was calling a meeting and he understood anybody on the Council was entitled to use the room for a meeting. He said it was dependent on the level of the Mayor s activity that he has his rights as Mayor to communicate with citizens. He said the difference would be that the Chair of the Planning and Zoning Commission could call a meeting but the Chair of this committee could not tell the City Clerk to call a meeting. He said some of the differences are subtle and some are more significant and the Chair of this committee

should not call him for legal advice because it was not part of the City and not his client. Council Member Lynch asked if the Mayor could ask for advice and he advised he could. Council Member Kistner said she felt one of the biggest differences between this issue and The Eminent Domain Task Force was that this was not public policy issue that 100% of the affected residents agree that it was deplorable they keep having the outages. She said she did not think it was important to get different points of view that she felt this is a working group to brainstorm for the Mayor to help to work on this issue in a quick way and she did not think a Task Force such as the Eminent Domain would be able to work in those kind of time frames, which she outlined. She said the Mayor was the only City-wide elected Official and everything this Task Force would be doing was 13. Resolution No. 717 (Continued) available to the Mayor in terms of holding a meeting and requesting information, and she felt the committee could function very effectively under the Mayor. She said she had contacted Mr. Wittenberg this date and said she would recommend that he be contacted for the meeting on Wednesday as she felt a group like this could make great use of expertise. She said the Council could support this if they want to and if it comes to a point where there is some recommendation that the group feels needs some kind of Council action or support they could ask the Council for it and if the members of the Council are in favor of trying to help on this issue she felt they would work to support this effort and not put up obstacles. She said she felt was it a great idea and would give the citizens some reason to be optimistic that their voices would be heard under the umbrellas of the City rather than as individuals and she was very glad the Mayor had taken this step. Council Member Kassander said he agreed and was glad the Mayor did take this step and Council Member Kistner mentioned that the Council was behind this also but he felt it was a matter of demonstrating with the proper form that they are behind him. He said at this time it was the Mayor asking for some advice from some friends and there was no official blessing from the City that it was strictly the Mayor asking a group of people to get together and present their ideas. He said they could not go to Ameren and ask for information that could only be done by the Mayor unless the Council gives them the authority to do that as an official ad hock committee in the way the Charter provides that they be formed. He said he felt the size could be changed if they so desired and could be formed as had been done on the Eminent Domain Task Force but he felt that different Wards had different perspectives that he had not experienced outages. He said he felt it was important they have the authority of the City behind them and the Chair could speak with the full knowledge that the Council has appointed this committee, find information and report back to the Council. He said as it is at this time they are not reporting to the Council but to the Mayor. Council Member Kassander said he did not have anything to do with the appointment of this committee and he had not been asked to be on it and there was only one Council Member on it. He said he felt this issue was too important to the City as a whole to limit its authority and scope of investigation by making it less effective than it could be. He said he felt the Mayor would be well served by doing what was done on the Eminent Domain Task Force recognizing that it is a City issue and having representatives from all the Wards on the committee picked by his Council Members and move forward as an effective City body.

Mayor Dielmann said he would like to respond to the comments. He said he was without power three out of four times and everyone on this committee was without power two out of the four times, minimum. He said he felt this was a dire emergency and he had done it for the good of the community and not for any personal reason. He said he had looked at the committee they had appointed for Eminent Domain and it had taken over seventy days to get the first meeting together and he had asked for a report from this committee within sixty days so they could get some action. He said this was not a political issue that he wanted to get action and if they go through the process as had been done with the Eminent Domain Task Force it had taken eleven months to get the last report 13. Resolution No. 717 (Continued) and he was looking for a report much earlier than that. He said there was a representative from each Ward in the City, Mr. Murray was a former Council Member and an Engineer, Robert Pennell, a former Council Member and a resident of Ward II and Council Member Kistner is a current Council Member and a resident of Ward I, Don MaGruder is a businessperson in the City and a resident of Ward I and Les Steinberg is an Attorney and a resident in Ward IV. He said if they felt this was a good group and he felt that there was no reason the City Council could not approve this task force as part of the proposed Resolution by Council Member Bryant so they could get started and get an answer back to the residents. He said residents are unhappy being without power and that was his reason for acting on this. Council Member Kassander said he was not suggesting it should take that long and Mayor Dielmann said when there are twelve people on a committee it takes sometime to get them all together. Council Member Kassander said he did not have a problem with reducing the numbers by one-half and it could be formed rather quickly and if the various ward Council Members are fine with who is on the committee, he did not have a problem with that. Council Member Kassander said he felt it was important that they get the fiducial creditability of an official ad hoc committee. He felt it was an excellent idea but diminishes their ability by not giving them the authority that the Council can provide them. Mayor Dielmann said they were also inviting AmerenUE and the Missouri Public Service Commission to attend a meeting. Council Member Bryant said she did not think anyone was trying to make this process harder, that they were trying to make it better and if they felt twelve people was too many it could be reduced to eight, one resident per ward but she felt a representative from Planning and Zoning Commission, EDC and the Chamber of Commerce should be included as they were all involved with the infra structure and the business community. She said she felt it would better if the Task Force had the authority to call on behalf of the City and she felt to have them force that authority through the Mayor was very unfair. Mayor Dielmann said at the time he had appointed the Task Force he was unaware that the Chair would not have that authority. Council Member Bryant said she had asked if this had been discussed before this was sent out to the media and she was told it had. Council Member Bryant said she hoped that he could see that it was important to do this right and it was to make his task force a better, more effective organization. Council Member Lynch asked if the City had met with Ameren and who was in the meetings. The City Administrator advised they had not since this storm but they had met with them on tree trimming matters following the last storm and those in attendance were 2-3 representatives of Ameren including the Superintendent in charge of this area,