City Council Meeting Minutes

KIRKWOOD CITY HALL

February 21, 2008

7:00 p.m.

Pursuant to notice of meeting duly given by the Mayor, the City Council convened on Thursday, February 21, 2008 at 7:00 p.m. at the Reim Theatre, 111 South Geyer Road, Kirkwood, Missouri. Present were Council Members Godi (via telephone), McDonnell, Yuan, and Deputy Mayor Griffin. Also in attendance were CAO Michael Brown and City Attorney John Hessel. Mayor Swoboda was absent and excused.

MOMENT OF SILENCE

Deputy Mayor Griffin asked for a moment of silence in memory of those killed on February 7, 2008. (Council Members Karr and Lynch, Public Works Director Ken Yost, Police Sgt. Bill Biggs and Police Officer Tom Ballman)

STATEMENTS BY DEPUTY MAYOR AND CITY COUNCIL MEMBERS

The Deputy Mayor and Council Members gave statements about the tragic events of February 7, 2008.

Deputy Mayor Griffin said that the tragic events two weeks ago shook not only the Kirkwood community, but everyone from around the world. He asked that the family of the shooter, Cookie Thornton, who are grieving for him, those who died and the entire community be remembered. He also praised the work of city staff and thanked the community for its support.

Council Member McDonnell said he is very proud to be part of the Kirkwood Community and we’re determined to go forward and the citizens expect it. He said that the elected officials and staff are working tirelessly to bring the ship of Kirkwood back on course.

Council Member Godi thanked Deputy Mayor Griffin, Council Members McDonnell and Yuan, City Clerk Montaño, Chief Administrative Officer Brown and City Attorney Hessel in helping the City move forward. He thanked all City employees and said he thinks it is wonderful that citizens stand behind the community and it is wonderful to be associated with Kirkwood. He said the City needs to move forward.

Council Member Yuan thanked everyone and agreed that the City needs to move forward. He said Kirkwood is a great city, has always been a great city and will continue to be a great city. He loves Kirkwood and is proud to live in the Kirkwood community. The goal is to keep working hard for the citizens.

CITY ATTORNEY REPORTS

City Attorney Hessel echoed the sentiments of the elected officials. He thanked everyone for the cards, calls, etc. Mr. Hessel advised that last week he received a call from the Board of Election Attorney advising that February 15^th was the last day a candidate could be added to or removed from the April ballot. The City Council had a meeting on February 15^th and a motion was unanimously approved to authorize City Attorney Hessel to talk with Kevin Karr and if Mr. Karr wanted Connie Karr’s name removed from the ballot. If Mr. Karr decided that he wanted Ms. Karr’s name removed the City Attorney would file a petition on his and the City’s behalf. In keeping with Connie Karr’s legacy, Mr. Karr was very kind and was emphatic that he wanted her name removed from the ballot as this would be best for him and Ms. Karr’s daughter. The petition for the removal of Ms. Karr’s name from the ballot was entered that afternoon. Under the provisions of the City Charter Ms. Karr was no longer qualified to serve.

Ms. Karr’s term would not have expired until April 2010 which requires a special election to be held. The date for this election has not yet been determined. Mr. Hessel said that neither the City Charter nor the State Statutes allow for the postponement of a nonpartisan mayoral election except in the case of a disaster on the day of the election. Under the law, Ms. Karr’s death doesn’t constitute a disaster. The City Council could not allow for a postponement of the mayoral election. The attorney for the Board of Election agrees.

Since Mr. Lynch’s term expires in April 2008 his position can be filled by appointment. Mr. Hessel recommended that a motion be made to fill the unexpired term of Mr. Lynch.

MOTION TO FILL UNEXPIRED TERM OF MICHAEL H.T. LYNCH

A motion was made by Deputy Mayor Griffin and seconded by Council Member McDonnell to appoint Paul Ward to fill the unexpired term of Michael H.T. Lynch (April 2008). The motion was unanimously approved. Deputy Mayor Griffin spoke of the community involvement and accomplishments of Paul Ward.

SWEARING IN OF PAUL WARD

City Clerk Montaño swore in Paul Ward with the Oath of Office. Newly appointed Council Member Ward was seated and provided statements about his appointment and that it gives him great satisfaction to serve the community in this capacity.

PRESENTATIONS

Police Chief Jack Plummer spoke on behalf of the Police Department and said the Department has been overwhelmed with everything everyone has done since the events of February 7, 2008.

Fire Chief Tom Openlander, has been in charge of the restoration of the City Council Chamber and said he was happy to take on this task. The City Council Chamber is now more than a room, it is now a place of honor.

The rededication of the City Council Chamber will take place beginning at 11 a.m. on Saturday, March 1^st. The Open House will take place until 2 p.m.

Finance Director John Adams read the list of where donations may be sent for the victims’ families.

Mayor Rick Lahr, City of Des Peres, spoke on behalf of the St. Louis County Municipal League. The Municipal League Board, the residents of Des Peres and the Des Peres Board of Alderman and staff offer their heartfelt thoughts and prayers. He said if the City of Kirkwood needs anything the City of Des Peres is there to assist.

City Department Heads were recognized and received a standing ovation.

PUBLIC HEARINGS

Public Hearing #1:

Deputy Mayor Griffin recessed the meeting for the purpose of conducting a public hearing regarding a request to rezone 1113, 1119, 1120, 1123, and 1125 Earl Avenue and 10939 Manchester Road from R4 (One-Family Dwelling District) to B3 (Highway Business District). The petitioner is CDF & CNF Investment LLC. Mr. Hessel entered the following exhibits into the record: An Affidavit of Publication St. Louis Countian on January 22, 2008, as Exhibit 1, an affidavit of Publication in the Webster Kirkwood Times on January 25, 2008, as Exhibit 2, a list of addresses of property owners to where notification of the hearing had been sent as Exhibit 3, an aerial view map showing the subject property and the properties that were notified of the hearing as Exhibit 4, the report of the Planning & Zoning Commission as Exhibit dated November 8, 2007 as Exhibit 5, the subcommittee report of the Planning and Zoning Commission dated November 6, 2007 as Exhibit 6, and the Code of Ordinances of the City of Kirkwood as Exhibit 7.

The City Attorney asked that the City Council move to continue the public hearing until the first meeting in May at which time the new City Council will be seated. This issue will require five votes of the council to overturn the recommendation of the Planning and Zoning Commission. A motion was made by Council Member McDonnell and seconded by Council Member Yuan to continue the public hearing to May 1, 2008. The motion was unanimously approved.

Public Hearing #2:

Deputy Mayor Griffin recessed the meeting for the purpose of conducting a public hearing regarding a request to vacate Earl Avenue. The petitioner is CDF & CNF Investment LLC. Mr. Hessel entered the following exhibits into the record: An Affidavit of Publication St. Louis Countian on January 22, 2008, as Exhibit 1, an affidavit of Publication in the Webster Kirkwood Times on January 25, 2008, as Exhibit 2, a list of addresses of property owners to where notification of the hearing had been sent as Exhibit 3, an aerial view map showing the subject property and the properties that were notified of the hearing as Exhibit 4, the report of the Planning & Zoning Commission as Exhibit dated November 8, 2007 as Exhibit 5, the subcommittee report of the Planning and Zoning Commission dated November 6, 2007 as Exhibit 6, and the Code of Ordinances of the City of Kirkwood as Exhibit 7.

The City Attorney asked that the City Council move to continue the public hearing until the first meeting in May at which time the new City Council will be seated. This issue will require five votes of the council to overturn the recommendation of the Planning and Zoning Commission. A motion was made by Council Member Yuan and seconded by Council Member McDonnell to continue the public hearing to May 1, 2008. The motion was unanimously approved.

Public Hearing #3:

Deputy Mayor Griffin recessed the meeting for the purpose of conducting a public hearing regarding a request for a Special Use Permit (Automobile Sales) at 10256 Manchester Road. The petitioner is Parktown Imports. Mr. Hessel entered the following exhibits into the record: An Affidavit of Publication St. Louis Countian on February 5, 2008, as Exhibit 1, an affidavit of Publication in the Webster Kirkwood Times on February 8, 2008, as Exhibit 2, a list of addresses of property owners to where notification of the hearing had been sent as Exhibit 3, the report of the Planning & Zoning Commission as Exhibit dated January 17, 2008, as Exhibit 4, the subcommittee report of the Planning and Zoning Commission dated January 16, 2008, as Exhibit 5, and the Code of Ordinances of the City of Kirkwood as Exhibit 6.

Lisa Woodruff presented the matter to the City Council on behalf of Steve King. The Parktown Auto Dealership is directly adjacent to the subject property and the site will be used for new car sales, offices and service write-ups. Service of vehicles will remain at its current location. The petitioner will go before the Board of Adjustment for variances relating to landscaping and parking spaces. The City Council cannot act on the legislation until the Board of Adjustment has made its determination.

The following individuals spoke regarding the matter:

1. Reese Forbes, 681 West Washington, asked what type of variance is being considered. A 3-foot variance on the west end regarding the planting area is being sought and parking.

This item will be placed on the March 20, 2008 agenda under New Business.

PUBLIC COMMENT

The following individuals spoke before the Council:

1) Franklin McCallie, spoke about delaying the mayoral election and advised that there will be a community dialogue at Kirkwood Baptist Church on Saturday.

2) Ron Hodges, supports delaying the mayoral election.

3) Pastor Miguel Brinkley, asked the council to adopt an emergency ordinance that would delay the mayoral election.

4) Ken Warren, supports delaying mayoral election.

5) Jim Hamilton, asked for clarification of how Connie Karr’s name was removed from the ballot.

6) John Burns, 1881 Charmwood, supports emergency ordinance to delay mayoral election.

7) Betsy Kramer, 1031 Simmons, asked why the February 15^th meeting wasn’t posted 24 hours in advance of the meeting.

8) David Brown, 915 Craig, asked what the vote was to approach Kevin Karr about the removal of Connie Karr’s name (the vote was 4-0).

9) Karl Unsworth, 825 Cheviot, supports delay of mayoral election

10) Cheryl Green, 915 Craig, asked what would determine 5/7ths of current council

11) Lorainne Spears Brown, supports delay of mayoral election

12) Joe McAvoy, supports delay of mayoral election

13) Pat McKenna, 415 Par Lane, believes the city council can petition Board of Election or go to Circuit Court to delay election

14) Ellen McIntosh, 348 Bodley, asked about what discussions council has had about delaying election

15) Genevieve Hodges, 319 New York, supports delaying mayoral election

16) Kathy Paulsen, supports delaying mayoral election

17) Harriet Patton, supports delaying mayoral election

18) Nancy Seats, 410 South Geyer, supports delaying mayoral election

19) Reese Forbes, 681 West Washington, supports delaying mayoral election

20) Steve Hazan, 310 Barter Avenue, read letter he has submitted to Webster Kirkwood Times

21) Carol Shea, 527 Bryan, doesn’t think people should berate those that have been through a horrible experience

22) Ray Belz, 2108 Westview, asked if it was asked if the election could be held off. Mr. Hessel read the state statute provision that does not allow for delay of election and stated that the City Charter does not provide for delay of election.

23) Dale Jones, 2303 Maple, said he has admiration for gentlemen and ladies who survived and believes they are doing the best for citizens

24) Joe Soraghan, 714 Elm Tree, said City Council would be in violation if they proceeded with something that was illegal

25) Herb Jones, 702 Briarfarm Lane, thanked and congratulated the council on its great leadership during the past few weeks and said the vast majority of Kirkwood citizens support the decision of the Deputy Mayor and City Council.

26) Nancy Price, suggested a meeting with John Hessel and election board

27) Alan Cotton, 523 Coulter Avenue, does not support delaying mayoral election

28) Mike Gibbons, 651 Pearl, said we shouldn’t be fearful of spirited debate and lead a prayer for peace, guidance and healing.

29) Ginny Garesche, upset that the City is moving forward with mayoral election

30) Jan VonKaenel, South Big Bend, supports an emergency ordinance to delay mayoral election

31) Pat McConnell, could the City Council authorize that a name be added and if needed authorize that it go to court.

CONSENT AGENDA

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

a) Approval of the January 17, 2008, City Council Meeting Minutes

b) Resolution 4-2008, adopting an Operation and Maintenance Program for the prevention and reduction of pollution in storm water runoff from municipal operations within the City

c) Resolution 5-2008, authorizing and directing the Mayor to enter into a wireless network agreement with Network1

d) Resolution 6-2008, authorizing the replacement of the Explorer Fund with the UMB Scout Small Cap Fund in the Deferred Compensation Plan

e) Resolution 7-2008, accepting the bid of Dallas Midwest for the purchase of tables for the Parks and Recreation Department ($16,560.20)

f) Resolution 8-2008, accepting the bid of Cunningham Associates, Inc. for Monfort Park playground equipment ($29,854)

g) Resolution 9-2008, authorizing and directing the Mayor to enter into a contract with Planning Design Studio for Monfort Park Construction Management Services ($23,186)

h) Resolution 10-2008, adjusting salary accounts to ensure funds are available through the end of the fiscal year

i) Resolution 11-2008, accepting the bid of Jasper Engines and Transmissions for a replacement engine for the Fire Department ($12,213)

j) Resolution 12-2008, transferring funds within Water Department Salary Accounts ($44,365)

j) Resolution 13-2008, transferring funds for city hall repairs ($90,000)

Council Member Godi concluded his participation in the meeting via telephone.

OLD BUSINESS

Bill 9863, approving a settlement agreement with AT&T Mobility was brought before the council.

Roll Call Vote:

Council Member Godi Absent

Deputy Mayor Griffin “Yes”

Council Member McDonnell “Yes”

Mayor Swoboda Absent

Council Member Ward “Yes”

Council Member Yuan “Yes”

The bill, having received majority approval of the council, was adopted and became Ordinance 9742.

Bill 9864, amending Chapter 14, Section 14-393 “Schedule C: No Parking” by deleting Attucks Street, north side was brought before the council.

Roll Call Vote:

Council Member Godi Absent

Deputy Mayor Griffin “Yes”

Council Member McDonnell “Yes”

Mayor Swoboda Absent

Council Member Ward “Yes”

Council Member Yuan “Yes”

The bill, having received majority approval of the council, was adopted and became Ordinance 9743.

Bill 9865, approving the settlement agreement with Sprint was brought before the council.

Roll Call Vote:

Council Member Godi Absent

Deputy Mayor Griffin “Yes”

Council Member McDonnell “Yes”

Mayor Swoboda Absent

Council Member Ward “Yes”

Council Member Yuan “Yes”

The bill, having received majority approval of the council, was adopted and became Ordinance 9744.

NEW BUSINESS

Deputy Mayor Griffin recused himself during the reading of Bill 9866. Bill 9866, vacating two easements dedicated to the City for the original site plan of 100 Pitman Place described as adjusted Lot 3 of P.B. 354 Page 446 in Block 36 of the Town of Kirkwood, also being part of Section 1, Township 44 North, Range 5 East, City of Kirkwood, St. Louis County, Missouri, was brought before the Council. City Attorney Hessel recommended that the council continue this legislation until the issue of rezoning is addressed. It was the consensus of the council that the item be removed from the agenda.

The item was removed from the agenda.

Bill 9867, appropriating $916.95 from the Equitable Sharing Fund Balance to Police Department Account 205-1201-429.66.21 to replace worn springs in Police Department pistols was brought before the council. Motion was made by Council Member McDonnell and seconded by Council Member Yuan to accept the bill for first reading approval. The motion was unanimously approved.