KIRKWOOD CITY HALL

February 1, 2007

7:00 p.m.

Pursuant to notice of meeting duly given by the Mayor, the City Council convened on Thursday, February 1, 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. 

INTRODUCTIONS AND RECOGNITIONS

            Mayor Swoboda recognized three boy scouts were in attendance working on communications and citizenship in the community badges:  Ben Henderson, Alex Balabus and Daniel Berry.

PUBLIC HEARINGS

NONE

PUBLIC COMMENTS

1.         Gene Maggard, AT&T, 120 N. Second Street, in favor of Bill 9758 and asked if the council had any questions pertaining to the installation location maps that he provided.

2.         Neal Gilb, Charter Communications, opposed to Bill 9758 and provided a copy of a St. Louis Post Dispatch article regarding AT&T not providing service.  He asked that the legislation not be considered until a bill going to the senate floor is voted upon.  He also believes that Charter’s agreement with the City should be amended to have an equal playing field.

3.         Mary Gross, 707 Edgewood Avenue, had questions regarding Bill 9764 that grants a Special Use Permit for a parking lot in a residential district.  Wanted information on how high the fence will be, what type of fencing material will be used, what type of lighting and will it be deflected, whether this area will now be commercial, will a gate be installed to prevent people from going on the parking lot after hours and what will be done about the mound of dirt.

4.         Phil Delkeskamp, Copia Enterprises, 516 Shadowridge Drive, in favor of Bill 9764.  Copia Enterprises has purchased the property and want to preserve the integrity of the neighborhood.  They will build a medical office building and are working with an architect.  The dirt mounds will be taken down once construction starts.

5.         Gerry Biedenstein, 1035 Claridge, thanked the City for picking up the storm debris.  Also advised that he has spoken with a number of people who commented that the meeting with residents about the Alfred Substation was wonderful.

6.         Gwynn Wahlmann, 1002 West Adams, spoke about 400 Gabriel and believes that rock was dumped without permission of the property owner and more should have been done regarding the complaints about the construction at this address.

7.         Marion Hardin, 718 Westchester, said she has experienced problems with tree limbs from her neighbor’s tree coming down in her yard.  She has been trying to get her neighbor to remove the limbs with no success.  She asked that the City consider changing the ordinance so that letters can be sent to property owners advising that they need to maintain their trees.

8.         Teresa Simon, 520 Taylor Young Drive, is concerned with the complaint process and believes there were baseless complaints made to the City regarding 400 Gabriel.  She believes that there should be no investigation unless a written complaint is filed and false complaints result in a fine.  She said thousands of dollars are wasted on investigating baseless complaints.

9.         Norella Huggins, 1968 Meadowtree, #5, found the presentation regarding 400 Gabriel very helpful and believes that the system of allowing phone complaints wasteful.  She believes an apology is owed to city staff.

10.       Cookie Thornton, 351 Attucks, delivered a subpoena and made remarks.

CONSENT AGENDA

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

a)         Approval of the January 18, 2007, City Council Meeting Minutes

OLD BUSINESS

            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. 

            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 9643.

            A motion was made by Council Member Godi and seconded by Council Member McDonnell to bring Substitute Bill 9760 on the floor for consideration.  The motion was unanimously approved.  Substitute Bill 9760, appropriating $1,600 in donations received from the Kiwanis Club, 25 Gardeners, and Kirkwood Garden Club for the Urban Forestry Commission from Revenue Account 101-0000-381.1000 to Account 101-1102-412.3108 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 9644.

            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. 

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 9645.

            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. 

            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 9646.

            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. 

            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”

The bill, having received majority approval of the council, was adopted and became Ordinance 9647.

NEW BUSINESS

            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 Lynch and seconded by Council Member McDonnell to accept the bill for first reading approval.  It was requested that the council be furnished with background information on what proposed state legislation would have on the bill.  The motion was unanimously approved.

The bill received first reading approval and was held over.

            Bill 9764, granting a Special Use Permit for a parking lot in a residential district and approving a site plan for a medical office building at 816 South Kirkwood Road subject to certain conditions 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 petitioner presented information to the council.  The council requested possible amendments regarding eliminating the mound of dirt within a specified period of time, add a gate to the parking lot, no overnight parking in parking area behind residential area.  The motion was unanimously approved.

The bill received first reading approval and was held over.

            Bill 9765, appropriating $2,926.35 from the Revenue Account to the Fire Department Overtime Account as reimbursement from the State Emergency Management Agency (SEMA) for funds expended during the World Series Homeland Security detail 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 9766, transferring funds in the amount of $6,500 from the Purchasing Department Full-Time Salary Account to the Part-Time Salary Account was brought before the council.  Motion was made by Council Member McDonnell and seconded by Council Member Lynch to accept the bill for first reading approval.  The motion was unanimously approved.

The bill received first reading approval and was held over.

            Bill 9767, appropriating $100,000 from the Electric Fund (Fund Balance) to an Electric Department expenditure account for additional tree trimming services was brought before the council.  Motion was made by Council Member Lynch and seconded by Council Member Yuan 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

·        The Pancake Supper will take place on February 8, 2007.

·        An open house has been set with MSD and Highway Department for February 22^nd in the Council Chamber at 7 p.m.

·        Saturday Train Station meeting will take place this Saturday from 9:30 a.m. to 11 a.m.

CHIEF ADMINISTRATIVE OFFICER REPORTS

            Mr. Brown reported that the City received an application for temporary outdoor promotional variance from Paul Jinkerson of Bar Louie-Kirkwood (Station Plaza) to have an acoustic happy hour every Friday from 6 p.m. to 9 p.m. in the area where the bands usually play on the following dates (April 13, 20, 27; May 4, 11, 18, 25; June 1, 8, 15, 22 and 29.  Weather permitting and applicant will attempt to extend dates through the summer.  A motion was made by Council Member Griffin and seconded by Council Member McDonnell to approve the request.  The motion was unanimously approved.

CITY ATTORNEY REPORT

            Mr. Hessel had nothing to report.

ADJOURNMENT

There being no further business to come before the Council, the meeting was adjourned at 8:10 p.m.  The next regular council meeting was scheduled for February 15, 2007, at 7:00 p.m.

Betty Montaño, CMC/MRCC, City Clerk

Approved: February 15, 2007