KIRKWOOD CITY HALL

January 3, 2008

7:00 p.m.

Pursuant to notice of meeting duly given by the Mayor, the City Council convened on Thursday, January 3, 2008 at 7:00 p.m. at Kirkwood City Hall, 139 South Kirkwood Road, Kirkwood, Missouri.  Present were Council Members Godi, Griffin, Karr, Lynch, McDonnell, Yuan and Mayor Swoboda.   Also in attendance were CAO Michael Brown and City Attorney John Hessel.

PUBLIC HEARINGS

Mayor Swoboda recessed the meeting for the purpose of conducting a public hearing regarding the request for a special use permit for a Restaurant at McArthur’s Bakery, 113 North Kirkwood Road.  The petitioner is Randall McArthur.  Mr. Hessel entered the following exhibits into the record:  An Affidavit of Publication St. Louis Countian on December 18, 2007, as Exhibit 1, an affidavit of Publication in the Webster Kirkwood Times on December 21, 2007, as Exhibit 2, a map of the aerial view of the map identifying location map showing the subject property and parcels notified of the public hearing as Exhibit 3, a list of addresses of property owners to where notification of the hearing had been sent as Exhibit 4,  the report of the Planning & Zoning Commission as Exhibit dated December 6, 2007 as Exhibit 5, the subcommittee report of the Planning and Zoning Commission dated December 5, 2007 as Exhibit 6, the Code of Ordinances of the City of Kirkwood as Exhibit 7, and the preliminary plan stamped “Received October 16, 2007 City of Kirkwood Public Works Department” as Exhibit 8.

David McArthur presented the issue to the Council.  This request is to operate the existing bakery as a restaurant by placing tables and chairs inside the building to seat about 15 people.  The remodeling of this building is exempt from additional parking requirements since it is located in the downtown district.

There being no objection from the council, this item was placed on the agenda as item 3 under New Business and became Bill 9862.

PUBLIC COMMENT

            The following individuals spoke before the Council:

1)         Mike Lewis, 234 West Monroe, regarding infill legislation

2)         Michael Mahn, 924 Simmons, regarding infill legislation

3)         Don Anderson, 344 West Adams, regarding infill legislation

4)         Dave Leake, 669 East Jefferson, regarding Holmes Avenue project

5)         Stu Vincent, 105 North Holmes, regarding Holmes Avenue project

CONSENT AGENDA

Motion was made by Council Member Lynch and seconded by Council Member McDonnell to approve the Consent Agenda.  The motion to approve the Consent Agenda was unanimously approved as follows:

a)         Approval of the December 20, 2007, City Council Meeting Minutes

b)         Resolution 1-2008, accepting the bid of Enterprise Consulting Group for a Sun Storage Tek 2530 SAS Array System for the MIS Department ($20,488)

c)         Resolution 2-2008, transferring funds for unanticipated legal services ($26,000)

OLD BUSINESS

            Bill 9845AA, amending provisions of the City of Kirkwood Municipal Code, Appendix A – Zoning, regarding infill development and general development in the single-family residential zoning districts and amending definitions was brought before the council.  Discussion took place and the following motions made:

Motion was made by Council Member Griffin and seconded by Council Member Lynch to amend Section 5 (d) by adding “and covered” porches after the word “uncovered.”  The motion was unanimously approved.

Motion was made by Council Member Griffin and seconded by Council Member Yuan to amend Section 5 (d) by deleting “and emergency generators” after “mechanical equipment” and adding “except air conditioning units” after “mechanical equipment.”  The motion was approved with Council Members Godi, Griffin, Karr, McDonnell, Yuan and Mayor Swoboda in favor and Council Member Lynch opposed.

Motion was made by Council Member Lynch and seconded by Council Member McDonnell to amend Section 5 (d) by deleting 36 inches and inserting in lieu thereof 30 inches.  The motion was approved with Council Members Godi, Griffin, Lynch, McDonnell, Yuan and Mayor Swoboda in favor and Council Member Karr opposed.

Motion was made by Mayor Swoboda and seconded by Council Member Lynch to amend Section 6 by adding the following at the end of the paragraph: “and 24 inches into the front yard setback requirement.”  The motion was approved with Council Members Godi, Griffin, Karr, Lynch, Yuan and Mayor Swoboda in favor and Council Member McDonnell opposed. 

Motion was made by Council Member Lynch and seconded by Council Member Karr to continue the bill to January 17, 2008.  The motion was approved with Council Members Godi, Karr, Lynch and Yuan in favor and Council Members Griffin, McDonnell and Mayor Swoboda opposed.

The bill was continued to January 17, 2008.

            Bill 9855, appropriating funds in the amount of $14,500 from the General Fund (fund balance) to an expenditure account for Laclede Gas charges at the train station was brought before the council. 

            Roll Call Vote as Follows:

            Council Member Godi                          “Yes”

            Council Member Griffin                                    “Yes”

            Council Member Karr                                      “Yes”

            Council Member Lynch                                    “Yes”

            Council Member McDonnell                             “Yes”

            Mayor Swoboda                                              “Yes”

            Council Member Yuan                          “Yes”

The bill, having received majority approval of the council, was adopted and became Ordinance 9733.

            Bill 9856, appropriating $10,000 from the General Fund (fund balance) to an overtime account for additional funding for snow removal overtime was brought before the council. 

            Roll Call Vote as Follows:

            Council Member Godi                          “Yes”

            Council Member Griffin                                    “Yes”

            Council Member Karr                                      “Yes”

            Council Member Lynch                                    “Yes”

            Council Member McDonnell                             “Yes”

            Mayor Swoboda                                              “Yes”

            Council Member Yuan                          “Yes”

The bill, having received majority approval of the council, was adopted and became Ordinance 9734.

            Bill 9857, appropriating $2,436 from the Medical Fund Balance to pay for flu shots given to city employees was brought before the council. 

            Roll Call Vote as Follows:

            Council Member Godi                          “Yes”

            Council Member Griffin                                    “Yes”

            Council Member Karr                                      “Yes”

            Council Member Lynch                                    “Yes”

            Council Member McDonnell                             “Yes”

            Mayor Swoboda                                              “Yes”

            Council Member Yuan                          “Yes”

The bill, having received majority approval of the council, was adopted and became Ordinance 9735.

            Bill 9858, appropriating $1,901 received from the State of Missouri Traffic Grant to a Police Department overtime account was brought before the council. 

            Roll Call Vote as Follows:

            Council Member Godi                          “Yes”

            Council Member Griffin                                    “Yes”

            Council Member Karr                                      “Yes”

            Council Member Lynch                                    “Yes”

            Council Member McDonnell                             “Yes”

            Mayor Swoboda                                              “Yes”

            Council Member Yuan                          “Yes”

The bill, having received majority approval of the council, was adopted and became Ordinance 9736.

            Bill 9859, transferring $47,000 from the Police Department salary account to overtime accounts was brought before the council. 

            Roll Call Vote as Follows:

            Council Member Godi                          “Yes”

            Council Member Griffin                                    “Yes”

            Council Member Karr                                      “Yes”

            Council Member Lynch                                    “Yes”

            Council Member McDonnell                             “Yes”

            Mayor Swoboda                                              “Yes”

            Council Member Yuan                          “Yes”

The bill, having received majority approval of the council, was adopted and became Ordinance 9737.

NEW BUSINESS

            Bill 9860, amending the Kirkwood Municipal Code of Ordinances, Chapter 23, Section 23-142 “Water Rates” to increase water rates was brought before the council.  Motion was made by Council Member McDonnell and seconded by Council Member Griffin to accept the bill for first reading approval.  The motion was unanimously approved.

The bill received first reading approval and was held over.

            Bill 9861, appropriating $124,370 from the Capital Fund and authorizing and directing the Mayor to enter into a contract with Weiss Design Group for engineering services relating to improvement of Holmes Avenue was brought before the council.  Motion was made by Council Member Lynch and seconded by Council Member McDonnell to accept the bill for first reading approval.  The motion was unanimously approved.

The bill received first reading approval and was held over.

            Bill 9862, granting a Special Use Permit for a restaurant at 113 North Kirkwood Road subject to certain conditions was brought before the council.  Motion was made by Council Member Godi and seconded by Council Member Karr to accept the bill for first reading approval.  The motion was unanimously approved.

The bill received first reading approval and was held over.

CONSENT AGENDA ITEMS FOR DISCUSSION

NONE

CITY COUNCIL REPORTS

            Council Member McDonnell distributed Landmarks Report on the Jefferson/Argonne district.

CHIEF ADMINISTRATIVE OFFICER REPORTS

            Mr. Brown advised that the RFP for the sound study (soundwall issue) will go out on Monday.

            Mr. Brown reported that the City is still pursuing a meeting with Mr. Fink who has expressed concerns about issues in the Meacham Park neighborhood.

CITY ATTORNEY REPORT

            Mr. Hessel had nothing to report.

ADJOURNMENT

There being no further business to come before the Council, the meeting was adjourned.  The next regular council meeting was scheduled for January 17, 2008, at 7:00 p.m.