January 18, 2007

7:00 p.m.

Pursuant to notice of meeting duly given by the Mayor, the City Council convened on Thursday, January 18, 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 CAO Michael Brown and City Attorney John Hessel. 

PUBLIC HEARINGS

Mayor Swoboda recessed the meeting for the purpose of continuing with the public hearing regarding a request for a Special Use Permit for a parking lot in a residential district at the rear of 120 East Rose Hill Avenue in association with a Medical Office Building at 816 South Kirkwood Road.  The petitioner is C. Michael Ortmann of Ortmann Properties. 

Mr. Ortmann presented the matter to the council.  The petitioner is requesting a Special Use Permit for a parking lot in a residential district and site plan for the construction of a two-story medical office building. The plan provides for 129 parking spaces and the Zoning Code requires 146 for medical use.  He reported that he has gotten approval from the Board of Adjustment regarding the variance for parking requirements. 

Some of the issues discussed are as follows:

·        How many houses will have the parking lot behind them?

·        Any provisions for sound deadening?

·        A gate to the parking lot

·        With the variance granted by the Board of Adjustment the petitioner meets the parking requirements.

The following individuals spoke regarding the request:

            1.         Charles Thornton, 351 Attucks

The bill will be placed under New Business on the February 1, 2007 agenda.

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 requested that if the proposal is approved that the City consider granting three parking spaces with 30 minutes limit between her store and the corner for the two businesses on Argonne.

2.         Michael Stricker, Lucille Rapp Dance Studio, 157 W. Argonne, is opposed to the proposed restaurant at 157/159 West Argonne because of the safety of children and concerns about parking.

3.         Matt Burghoff, Mambo Development, 226 E. Jefferson, said he has provided the information that the council requested at the last meeting.  Valet parking will be provided and he has a commitment from the medical building to allow valet parking on their lot. The trash dumpster issue has been resolved as it will be contained in an enclosure in the building.  He believes with 150 available parking spaces parking is not an issue for his proposal.

4.         Zoe Perkins, 32 Orchard Lane, Kirkwood Alliance, said the Alliance supports the plan by Ken Yost with regard to R5 recommendations.

5.         Peter Bogetto, 417 Gill, supports AT&T video services in Kirkwood.

6.         Paul Berra, Charter Communications, 2247 Ferncliff, thanked the council for giving AT&T and Charter an opportunity for both to present their information in regard to AT&T video service request.

7.         Gene Maggard, AT&T, 120 North Second, reported that they have determined that there will be 29 equipment boxes with regard to providing video services in Kirkwood.  They are in the process of researching possible locations for the equipment and he advised that there are examples of the type of equipment across Madison.  Those pieces of equipment he found on private property were located in the side yards.

8.         John Dodson, Jr., 125 Peeke, read a statement regarding the proposal for a property tax increase.

9.         John Cullen Hagerty, 2424 Trossock Lane, issues dealing with park land purchases and his personnel records as a past Kirkwood employee.

10.       John Hogg, 534 Hartmann Court, is concerned about the Alfred Substation and requested a meaningful public meeting to inform citizens of the future plans for this substation.

11.       Hannah Dayan, 544 Hartmann Court, is frustrated with the number of power outages and wants to know what can be done so her neighborhood doesn’t continually lose power.

12.       Cookie Thornton, 351 Attucks

CONSENT AGENDA

            Motion was made by Council Member Lynch and seconded by Council Member McDonnell to approve the Consent Agenda. Item c) Resolution 5-2007, amending the contract with Arbor Masters for storm debris removal was removed from the agenda.  The motion to approve the Amended Consent Agenda was unanimously approved as follows:

a)         Approval of the January 4 and 11, 2007, City Council Meeting Minutes

b)         Resolution 4-2007, accepting the bid of Interior Constructions Services, Ltd. for carpet and tile work at the Community Center ($18,780)

OLD BUSINESS

Bill 9754A, 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.

            Roll Call Vote as Follows:

            Council Member Godi                          “No”

            Council Member Griffin                                    “Yes”

            Council Member Karr                                      “No”

            Council Member Lynch                                    “Yes”

            Council Member McDonnell                             “Yes”

            Mayor Swoboda                                              Abstained

            Council Member Yuan                          “Yes”

The bill, having received majority approval of the council, was adopted and became Ordinance 9642.

NEW BUSINESS

            Bill 9757, amending provisions of the Municipal Code, Appendix A – Zoning, regarding regulations in the R-5 Zoning District and definitions was brought before the council.  Motion was made by Council Member Lynch and seconded by Council Member Godi to accept the bill for first reading approval.  After discussion of having this item discussed in a Work Session with the garage issues and the Planning and Zoning Subcommittee Report a motion was made by Council Member Griffin and seconded by Council Member Lynch to table the bill.  The motion to table was unanimously approved.

The bill was tabled.

            Bill 9758, approving an agreement with AT&T Missouri for the provision of video services in the city was brought before the council.  Motion was made by Council Member Griffin and seconded by Council Member McDonnell to accept the bill for first reading approval.  A discussion followed.  At the last meeting the City had requested a map showing the installation sites.  This information has not bee received from AT&T.  After discussion a motion was made by Council Member McDonnell and seconded by Council Member Karr to continue the bill to February 1, 2007.  The motion was unanimously approved.

The bill was continued to February 1, 2007.

            Bill 9759, amending Chapter 18, Section 18-1, of the Code of Ordinances by adding Historic Quinette Cemetery Park to the Kirkwood Park System was brought before the council.  Motion was made by Council Member McDonnell and seconded by Council Member Godi to accept the bill for first reading approval. The motion was unanimously approved.

The bill received first reading approval and was held over.

            Bill 9760, appropriating a $500 donation received from the Kiwanis Club for the Urban Forestry Commission from Revenue Account 101-0000-381.1000 to Account 101-1102-412.3108 was brought before the council.  Motion was made by Council Member Godi 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 9761, appropriating $500,000 from the Electric Fund (fund balance) to Account 501-2115-480.75.15 to enter into a purchase power agreement between the Missouri Joint Municipal Electric Utility Commission and the City of Kirkwood, Missouri, 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 9762, appropriating funds in the amount of $183,100 from various funds to various overtime accounts for costs associated with the November ice storm was brought before the council.  Motion was made by Council Member Lynch 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.

            Bill 9763, appropriating $350,000 from the General Fund (fund balance) to Account 101-1102-412.3210 to fund amendments to the contract of Arbor Masters/Shawnee Mission Tree Service to include eligible storm debris from the January 12-14, 2007, storm and additional services related to removal of eligible hazardous public trees and limbs 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.  Mr. Brown reported that the City has verified that this is in compliance with the City’s Purchasing Code and the City Attorney has advised that it meets the legal requirements.  The motion was approved with Council Member Godi opposing.

The bill received first reading approval and was held over.

CONSENT AGENDA ITEMS FOR DISCUSSION

            Resolution 5-2007, amending the contract of Arbor Masters/Shawnee Mission Tree Service to include eligible storm debris from the January 12-14, 2007, storm and additional services related to removal of eligible hazardous public trees and limbs was brought before the council.  Motion was made by Council Member Lynch and seconded by Council Member McDonnell to accept the resolution as read.

            Roll Call Vote as Follows:

            Council Member Godi                          “No”

            Council Member Griffin                                    “Yes”

            Council Member Karr                                      “Yes”

            Council Member Lynch                                    “Yes”

            Council Member McDonnell                             “Yes”

            Mayor Swoboda                                              “Yes”

            Council Member Yuan                          “Yes”

CITY COUNCIL REPORTS

            Council Member Karr announced the passing of Harold Dill and recognized him for his many contributions to the community.

            Mayor Swoboda commended staff on the information provided in the Public Works Update.  He also thanked those involved in providing information on the Train Station Volunteers.  Mayor Swoboda invited everyone to the performance of the Wind Symphony on January 28, 2007 at 3 p.m.

CHIEF ADMINISTRATIVE OFFICER REPORTS

            Mr. Brown read the report of the Planning and Zoning Commission dated January 18m, 2007, regarding its meeting of January 17, 2007:

1.         Approved a site plan for a 20-space parking lot at 136 Prospect Avenue.  The petitioner is Steve Meskill.

2.         Recommend denial of rezoning 301 Memphis and 302 Chicago from R4 to R5 to construct a six-unit multi-family building.  The petitioner is Magnum Properties.

            Mr. Brown reported that the City received an application for a Liquor License to sell intoxicating liquor by the drink and on Sundays.  The applicant is Mosaic Kirkwood Serena Investments, Inc. and the application is for the restaurant at 157/159 W. Argonne.  A motion was made by Council Member Lynch and seconded by Council Member Karr to approve the application.  The motion was approved with Council Member Godi opposing.

CITY ATTORNEY REPORT

            Mr. Hessel reported that Charles Thornton filed a lawsuit for a temporary restraining order.   The request for the restraining order was denied.

ADJOURNMENT

There being no further business to come before the Council, the meeting was adjourned at 8:35 p.m.  The next regular council meeting was scheduled for February 1, 2007, at 7:00 p.m.