KIRKWOOD CITY HALL

January 4, 2007

7:00 p.m.

Pursuant to notice of meeting duly given by the Mayor, the City Council convened on Thursday, January 4, 2007 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 Assistant CAO Georgia Ragland and City Attorney John Hessel.  CAO Michael Brown was absent and excused.

PUBLIC HEARINGS

Public Hearing 1:

Mayor Swoboda recessed the meeting for the purpose of conducting a public hearing regarding a amendments to the Zoning Code relating to the R-5 Zoning District Regulations and Definitions regarding building height.  Mr. Hessel entered the following exhibits into the record: An Affidavit of Publication in the St. Louis Countian on December 19, 2006, as Exhibit 1, the Notice of Publication in the Webster-Kirkwood Times as Exhibit 2, the Report of the Planning and Zoning Commission dated December 7, 2006, as Exhibit 3, the Planning and Zoning Subcommittee Report dated December 6, 2006, (with proposed language changes) as Exhibit 4, and the Kirkwood Code of Ordinances as Exhibit 5.

Ken Yost, Director of Public Works, presented the matter to the council.  The type of development in the R-5 multi-family Zoning District has changed significantly since the Zoning Code was adopted in 1967.  Multi-family was primarily apartments, small in size compared to today’s standards and needing only one off-street parking space per unit.  Today, multi-family is usually condominiums that often have more than 1,500 square feet per unit and a parking demand of more than two cars per unit.  This has caused the overall size of the structure and parking areas and impervious land area for a multi-family development to increase.  Some of these issues have been addressed with requirements for architectural review of multi-family developments and increased parking requirements.  The Goals, Objectives, Action Steps and Implementation Matrix of the Vision 2015 Comprehensive Plan establishes a three to five year implementation of Goal #4.  The following summary of the proposed revisions was presented:

The following issues were discussed:

• The subcommittee determined the recommended changes after staff recommendations for discussion purposes. 
• No comparison of the recommended changes to other cities has been made.
• City Council will view other multi-families in the R-5 area of the city and how the changes would relate.

The bill will be placed on the January 18, 2007 agenda under New Business as Bill 9757.

Public Hearing 2:

Mayor Swoboda recessed the meeting for the purpose of conducting a public hearing regarding a request from AT&T Missouri for a franchise to provide video services in the city of Kirkwood.  Mr. Hessel entered the following exhibits into the record: An Affidavit of Publication in the St. Louis Countian on December 19, 2006, as Exhibit 1, the Notice of Publication in the Webster-Kirkwood Times as Exhibit 2, and the Kirkwood Code of Ordinances as Exhibit 3.

            John Medler, AT&T, presented the matter to the council.  AT&T is proposing to replace lines with fiber optic that will allow greater service to its customers such as video.  They believe their service will be different than what Charter Communications currently provides.  AT&T will have DVR capability, picture-in-a-picture viewing, caller ID on screen, recording something in one room and viewing it in another, multiple camera angles of sporting events, takes television programming and allows the customer the ability to watch what they want when they want.  To date the cities of Creve Coeur, Overland and Webster Groves have approved the agreement.  Will match the 4.5% that Charter currently pays and will provide as many PEG (Public Education & Government) channels as are provided by Charter.  AT&T will offer bundled package pricing and offer a month-to-month service.  They will offer more than 11 HDTV channels which are currently being provided by Charter Communications. 

The box/cabinet size is 43” wide by 63” tall by 21” deep.  If the cabinet needs to be placed in the right-of-way appropriate permits will be obtained.  On private property utility easement areas will be used.  AT&T will have a preference plan with regard to placement of the cabinets and the area around the cabinets will be well landscaped.  AT&T contends that they are not a cable service (one-way broadcast system – definition) since they are a two-2ay interactive system.

The following issues were discussed:

• A map of where the boxes will be placed will be provided and will include information on where the system will roll out.
• It is anticipated that service will be available to 11,500 living units in three years.
• Does the agreement require that if the equipment is abandoned that it must be removed by AT&T?
• It is expected that the cabinets would be about 2,000 feet apart.
• It is estimated that in total their will be about 20-30 Vrads
• Is there a way that the service can be provided without the Vrads (cabinets)?  No.

The following individuals spoke regarding the issue:

1.         Paul Berra, Charter Communications, said that Charter is not opposed to fair competition and believes that AT&T’s request is for a cable franchise.  The following concerns were raised by Mr. Berra:

·        Objection to the characterization that the agreement is anything other than a franchise agreement.

·        City should take a position that AT&T is providing a service that is in line with a franchise agreement.

·        The agreement allows AT&T the ability to opt out in three years which is not fair.

·        AT&T has no 100% customer serve-ability as Charter does.

·        AT&T should have to follow the conditions of the Cable Regulatory Code

·        Charter Communications has a customer service level that exceeds Federal Cable requirements.

·        AT&T needs to supply the ability for emergency alert messages.

Carl Lumley advised the council that AT&T does not accept that its services are cable television services.  On the Federal and State levels legislation is being considered that may harm municipal interests.  AT&T will be subject to the conditions of the Cable Regulatory Code.  The agreement is a six-year term that allows either the City of AT&T to terminate under certain circumstances after three years.  Charter insisted on long-term agreement in order to get financing.  Both Mr. Hessel and Mr. Lumley believe this is a cable service and do not concede that the Cable Regulatory Code is not applicable.

2.         Barbara Byerly, 2 Taylor Woods Drive, believes competition is good and supports the agreement with AT&T for these services that they will provide to the Kirkwood community.

PUBLIC COMMENTS

1.         Debbie McCormac, Moon Beams, 800 Brownell, is opposed to the proposed restaurant at 157/159 West Argonne because there is not enough parking, increasing traffic, and she is concerned with the safety of children coming and going from dance classes.  She is also concerned that approval of this request may create trouble for the Fire Department in getting in and out of the fire station.

2.         David McArthur, McArthur’s Bakery, 113 North Kirkwood Road, is opposed to the proposed restaurant at 157/159 West Argonne because the current plan would allow for trash to be carried for more than 200 feet to the dumpster and the impact the additional trash will have on the alley way.

3.         Ginny Garesche, 435 North Harrison, upset that the City Council did not approve the request for the Freak Out Café and that it appears that the request for a restaurant at 157/159 West Argonne will be approved which will cause traffic issues in the area.

4.         David McArthur, McArthur’s Bakery, 113 North Kirkwood Road, asked why the lock down boot hasn’t been implemented for parking violators in the business district.

CONSENT AGENDA

            Motion was made by Council Member Lynch and seconded by Council Member Yuan to approve the Consent Agenda. Item c) Resolution 2-2007, approving the bid of Natco for storm debris removal was removed from the agenda.  The City received notice that Natco is revoking its bid. The motion to approve the Consent Agenda was unanimously approved as follows:

a)         Approval of the December 21, 2006, City Council Meeting Minutes

b)         Resolution 1-2007, transferring funds in the amount of $40,000 for costs associated with water main breaks.

OLD BUSINESS

            Bill 9754, granting a Special Use Permit for a restaurant with outdoor seating at 157 and 159 West Argonne Drive and 104 North Clay Avenue subject to certain conditions was brought before the council. A discussion ensued. After discussion a motion was made by Council Member Lynch and seconded by Council Member Karr to amend Section 1 by inserting a new paragraph 2 to read as follows and renumber existing paragraphs 2 through 17: “In accordance with the Letter Agreement, dated January 2, 2007 wherein Matt Burghoff of Mambo Development, L.L.C. (owner of 157/159 West Argonne Drive) and Claus Schmidtz of Mosaic Restaurant (tenant of 157/159 West Argonne Drive) agreed to provide valet service and parking during evening operating hours, the owner and operator shall provide evening valet service and parking.”  The motion failed with Council Members Godi and Lynch in favor and Council Members Griffin, Karr, McDonnell and Yuan opposed with Mayor Swoboda abstaining.  A discussion took place regarding the following:

·        Petitioner should meet with Public Works Director Yost to review trash storage arrangements and changes.

·        Petitioner should make arrangements regarding parking and valet parking.

·        Petitioner should provide seating layout and include more detailed dimensions of the first floor.

After discussion a motion was made by Council Member Lynch and seconded by Council Member McDonnell to continue the bill to the January 18, 2007 meeting.  The motion passed with Council Members Griffin, Lynch, McDonnell and Yuan in favor, Council Members Godi and Karr opposed and Mayor Swoboda abstaining.

The bill was continued to January 18, 2007.

            Bill 9755, appropriating $150,000 from the General Fund to Account #101-1102-412.32.10 to retain a contractor or contractors to remove storm debris throughout the city of Kirkwood and to pay related clean-up costs 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 9640.

            Bill 9756, appropriating funds in the amount of $60,000 from the Capital Improvement Fund Balance to Account #301-1102-600.75.03, accepting the bid of Premier Demolition, Inc. in the amount of $39,700 for the demolition of a city-owned building at 236 East Monroe and authorizing and directing the Mayor to enter into a contract 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 9641.

NEW BUSINESS

NONE

CONSENT AGENDA ITEMS FOR DISCUSSION

NONE 

CITY COUNCIL REPORTS

            Council Member Godi reported that Kirkwood businesses hosted a luncheon for the Kirkwood Electric Department employees for the outstanding job they did during the recent storm.  Mr. Godi thanked the Street Department and all other City employees for the good job they did during and after the storm.

CHIEF ADMINISTRATIVE OFFICER REPORTS

            Ms. Ragland read the report of the Planning and Zoning Commission dated January 4, 2007, regarding its meeting of January 3, 2007:

            At the January 3, 2007, meeting of the Planning and Zoning Commission, public comments were heard regarding the draft of the 2006 Review of the Vision 2015 Comprehensive Plan.           

CITY ATTORNEY REPORT

            Mr. Hessel reported that a decision has come from the Circuit Court regarding the lawsuit filed regarding the rezoning on Boaz in favor of the City.

ADJOURNMENT

There being no further business to come before the Council, the meeting was adjourned at 9:41 p.m.  The next regular council meeting was scheduled for January 18, 2007, at 7:00 p.m.