City
Council Meeting Minutes
KIRKWOOD CITY HALL
March 6, 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 Kirkwood
City Hall, 139 South Kirkwood Road, Kirkwood, Missouri.
Present were Council Members Godi (via telephone), McDonnell,
Ward, Yuan, and Deputy Mayor Griffin. Also in attendance were
Assistant CAO Georgia Ragland and City Attorney John Hessel.
Mayor Swoboda and Chief Administrative Officer Michael Brown
were absent and excused.
Deputy Mayor Griffin
recognized Bruce Nicholson for coming to the city and asking
what he could do after the events of February 7, 2008. He made
the podium that now sits in the Council Chamber and he was
thanked for his efforts.
PUBLIC HEARINGS
Deputy Mayor
Griffin recessed the meeting for the purpose of conducting a
public hearing on the City of Kirkwood Operating and Capital
Budgets for Fiscal Year 2007-2008. Mr. Hessel entered the
following exhibits into the record: An Affidavit of Publication
in the St. Louis Countian on February 20, 2008, attached to
which is the summary of the operating budget as Exhibit 1, the
Notice of Publication in the Webster-Kirkwood Times attached to
which is the summary of the operating budget as Exhibit 2, and
the Kirkwood Code of Ordinances as Exhibit 3.
Operating Revenues
= $51,806,874
Operating Expenditures =
$51,158,901
John Adams, Finance Director,
presented the matter to the council. The proposed budget took
five months of work by department heads, city staff and the
Finance Committee. The upcoming budget focused on the first
year’s use of the Proposition C funds as well as the current
negotiations to secure a future wholesale electric contract that
will be implemented once the existing contract expires in
December 2008. The funds from Proposition C were specifically
used to fill critical vacancies in both the police and fire
departments, implement competitive wage adjustments citywide and
provide funding to repave a significant portion of Geyer Road.
Steve Powell, Chair of the
Citizen’s Finance Committee, presented recommendations from the
Committee, some of which include:
- Authorize
expenditure of Proposition C funds only in a manner
consistent with the original purpose of the tax hike as
approved by the citizens of Kirkwood.
- It is
recommended that the City continue with a policy to optimize
the size of departments under the direction of the Chief
Administrative Officer.
- Authorize
an across-the-board three percent pay raise for city
employees for the fiscal year 2008/09.
- Support
the Electric Department’s plan to utilize its financial
reserves over the next four years to bridge the gap in
electric revenues and increased costs to keep utility rates
relatively constant.
- The
committee commended the Finance Department for moving
forward in securing long-term funds for the Water Department
and the Electric Department as they modernize their
distribution systems.
- Upon the
agreement of a cost saving measurement, authorize the hiring
of an assistant purchasing director to work with the current
purchasing director and monitor this position on a
go-forward basis to confirm that said position is at least
cost-neutral to the city’s financial perspective.
- Authorize
the hiring of an additional engineer to assist the current
director in an effort to reduce the current main replacement
cycle from 200-years to 100-years.
- Authorize
the hiring of an additional employee in the Public Works
Department to function in the capacity as City
Planner/Zoning Administrator to alleviate some of the
day-to-day burdens of this overworked department while
providing proactive support and direction to the planning
process.
- The sheer
size of historic documents is getting beyond the capacity of
the City Clerk alone to manage in addition to the number of
Sunshine Law requests received by the City Clerk as
Custodian of Records. The committee recommends soliciting
feedback from potential vendors and/or authorize and fund a
focused study on the prospects for taking inventory of and
converting to digital form all of the City records and
archives for the purpose of preserving the records in a safe
and state-compliant manner while making the records
available in electronic format to dramatically decrease the
amount of time spent by city employees with respect to
Sunshine Law requests and other requests for access to such
information.
- The
business district has brought to the Committee’s attention
the need for a comprehensive plan for the best space use of
the physical space that comprises the business district.
The Committee recommends that funds be allocated for a study
(and/or empower a to-be-hired city planner/zoning
coordinator to produce a report) pertaining to developmental
and zoning issues in the Kirkwood Business District as well
as the Manchester Business area.
- Cell Phone
Settlement: Authorize use of up to $125,000 of the $1.4M in
funds to be realized in the cell phone settlement for the
document retention/imaging/archiving study and/or project
and comprehensive development/zoning study both referenced
above. Retain the balance of the cell phone settlement
(about $1.275M) in reserves for the time being and, assuming
that future reserve levels remain adequate, sue the balance
of funds for one-time capital improvement projects.
The Citizen’s Finance Committee
was thanked for their continued dedication to the community.
Kirkwood is unique in that it has a formal citizens committee in
place to work closely in the development and review of each
year’s budget.
There being no objection
from the council, the item became Bill 9880 and was placed on
the agenda under New Business as item 6.
Public Hearing #2:
Deputy Mayor
Griffin recessed the meeting for the purpose of conducting a
public hearing on the Special Business District Budget for
Fiscal Year 2008-2009. Mr. Hessel entered the following
exhibits into the record: Mr. Hessel entered the following
exhibits into the record: An Affidavit of Publication in the St.
Louis Countian on February 20, 2008, attached to which is the
summary of the operating budget as Exhibit 1, the Notice of
Publication in the Webster-Kirkwood Times attached to which is
the summary of the operating budget as Exhibit 2, and the
Kirkwood Code of Ordinances as Exhibit 3.
Donna Poe,
Executive Director, and Mike Gray, Treasurer, presented the
matter to the council.
The budget
being presented has been approved by the Special Business
District Board and was presented at the annual SBD meeting. The
following Summary of the Proposed Operating Budget was
presented:
Revenues:
Operating
Revenues $
275,700
Transfer from fund
balance $ 6,500
TOTAL REVENUES
$ 282,200
Expenditures:
Administration
$ 220,957
Farmers’
Market
$ 61,243
TOTAL EXPENDITURES $
282,200
The Special Business District Income comes from real estate
property tax, occupational licenses and the Farmer’s Market.
Issues relating to tentative events for the district, the
Farmer’s Market, the continuation of enhancements to promote a
pedestrian-friendly district, wayfinding, etc. SBD Treasurer
Mike Gray presented information on the proposed budget that
included items such as office operations, enhancements, and the
Farmer’s Market. It is expected that funding for advertising
and special events will be reduced for a balanced budget.
Council Member McDonnell announced that Sallie Lynch was
presented with a special recognition for Mike Lynch. This
special recognition was planned prior to February 7. Council
Member Godi thanked Donna Poe and the SBD Committee for making
the business district beautiful and for bringing people into the
district.
The item was placed on the agenda as item 7 under New
Business and became Bill 9881.
PUBLIC COMMENT
Deputy Mayor advised
everyone that the City Council has received the emails, phone
calls, suggestions, etc. regarding delaying the April election.
He said that John Hessel is hired to give legal advice only. He
has no preference any way on any issue. The City hires him for
legal advice based on the law. It is up to the council to heed
his advice or not and Mr. Hessel does not care one bit of any
political things in the City.
Mr. Hessel
said it is his understanding that some citizens have requested
that the City consider an emergency ordinance to delay the April
election. Under the city charter an emergency measure is
defined as being necessary for the immediate preservation of the
public peace, health or safety. It is his opinion that such
emergency does not exist. If the City Council wants to ignore
his advice they can do that. The real issue is whether or not
an ordinance calling for the postponement of the April election
is appropriate or effective. It is his opinion that the City
has no authority to postpone the election. He gets the opinion
because he can read the statute and the statute reads that if a
disaster prohibits an election on the day of the election that
it is the election authority of the county in which the election
is to be held to petition an election panel. It is then up to
the election authority, among other things, to include the
reasons why the election cannot be held on the day required by
law. It would be up to the Board of Election Commissioners to
call for the postponement of the election. The City Council
could ask the Board of Election Commissioners to do that on the
City’s behalf, however, Mr. Hessel doesn’t write the laws, he
interprets the laws based upon legal research, analysis and
experience. Mr. Hessel has spoken with the attorney for the
Board of Election Commissioners and he has informed him that his
interpretation of the statutes pertaining to postponement is
exactly the same as Mr. Hessel’s that there is no basis for a
postponement. The Board of Election Commissioners has every
right to ignore that opinion and go forward with the filing of a
petition if the council so requests them to do so. Mr. Hessel’s
job is to give the council legal advice based upon careful
analysis of what the law says. It is not based upon his
personal preference or the personal preference of the council,
and is not based on what the public would like. Mr. Hessel read
a quote from Sandra Day O’Conner about the harm judges and
lawyers could cause when they ignore laws and make decisions or
render opinions based upon personal or public preferences. Mr.
Hessel said he has never done this and doesn’t intend on doing
this in the future. One or more of the council members, if they
wanted to proceed, would have to stand before a three-judge
appellate panel and explain why this election needs to be
postponed and why the election cannot take place on April 8.
One could argue that a manmade disaster took place on February
7, the real issue is whether or not the election could take
place. That aspect which is critical to the analysis has been
ignored and it is the most difficult analysis to address. If
the council stands before the appellate panel and argue that an
election cannot be held because you need time to heal be careful
what you ask for. If an election cannot be held it will be the
entire election, not just the election for Mayor, but it is the
election for Mayor and Council. If an election cannot be held
on April 8, then the possibility exists that there will not be
an election at all and the City Council will consist of two
members. The City will be shut down at least until August. A
June election would be virtually impossible, because a decision
would be needed by the appellate panel in ample time. All
candidates would have to submit their candidate petitions by
March 18. Mr. Hessel said he analyzes the law based on one of
the candidates he doesn’t look at the names as he has to put
that aside. This is a non-partisan election as specifically
spelled out in the Charter. It is not uncommon to have an
uncontested race. It is unfortunate that we find ourselves in
these circumstances, but it is not uncommon and the city would
be asking a three judge panel to set this dangerous precedent.
There are instances where candidates in a non-partisan election
have unfortunately passed away such as being hit by a drunk
driver. He is advising the City Council to sit back and reflect
on whether it is appropriate to ask the Board of Election
Commissioners to postpone the election because an election
cannot take place on April 8th. This opinion does
not only come from Mr. Hessel, it is supported by staff in his
office and all good lawyers research it, analyze it, not based
upon what he wants to hear, but what they reasonably believe the
law prescribes. The Board of Election attorney agrees with Mr.
Hessel’s opinion as well as staff in his office, other attorneys
agree with it, and Tom Plunkert, a former City Attorney for
Warson Woods and candidate for Circuit Judge position agrees
with it. Mr. Hessel understands that people may not like his
opinion but he hopes that the City is finally making it clear
that it his opinion, not his preference, based upon the law the
April election cannot be postponed. He said he has no problem
discussing with anyone what the law says, how you interpret the
law not based upon what results you want to achieve, but based
upon what it says. If anyone wants to talk with him based upon
reasonable circumstances and based upon respect he is willing to
do that. Everyone in the room deserves respect. Some in the
room have earned that respect. From this point forward Mr.
Hessel is going to insist upon respect or he is not going to
speak with anyone. He will speak with his clients and advise
his clients but he will not be treated with the disrespect that
he received at the last council meeting.
Council
Member Yuan took the opportunity to thank City Attorney Hessel
who has done a great job under a lot of pressure and the
circumstances for physical and mental abuse have been
incredible. What everyone needs to understand is that Mr.
Hessel is an attorney giving his opinion to the City. He has
the best interest of Kirkwood. He is paid to look out for
Kirkwood and the Council. He is not in it for a self-serving
purpose. One of the great email blogs said the city councilmen
are all self-serving egotists who are in it for the money. Does
this reflect the mentality of Kirkwood? It must have been from
outside of Kirkwood. As a lawyer he believes one should take
the advice of their attorney. With the internet everyone is
becoming an attorney. They can search the web and find out all
the answers to the law. He defied everyone to find you have
cancer and operate on yourself. Mr. Hessel is here looking out
for Kirkwood and doing the best for the citizens. He has a very
good reputation and is one of the best city attorneys in the
state. The City needs to move on and take the advice of the
City Attorney.
Council
Member Ward said the chamber is a special place and it belongs
to the people. The council is here to do the work of the
people. We live in a representative system. The first time he
was elected he realized how tough it is. The council comes to
the meetings to do the things that are appropriate for the
citizens and the long-term viability of the city. Sometimes
that isn’t easy because he took the oath of Paul Ward not
individual groups or people. One thing he learned a long time
ago, is that the citizens granted him this opportunity be he
realized he had to earn the trust. Today we are at a unique
turning point and we have to realize that there will be a
tomorrow. These issues can be dealt with and there is an
appropriate way for everyone to be heard. He suggests that at
an appropriate time a committee be put together to look at this
issue. Need to allow this issue to not die but have to move on
with the business of the city. It is best at this time not to
lose sight what is important for the community. He is not
breaking the law for anyone.
Council
Member McDonnell agreed with Council Members Ward and Yuan and
thanked Mr. Hessel for his service to the community and
everything he has done to try and get us through this terrible
time for the community. The whole issue is about the law and
when the council was sworn in they swore to uphold the laws of
the city, state and federal government. The country is
wonderful based on laws. The world is amazed how we operate as
a country of laws and people respect these laws. They are not
necessarily laws that everyone agrees with always, but there are
mechanisms to try and change laws. The man that caused this
terrible incident on February 7 thought the law did not apply to
him, but it did and the law applies to all here now. To ignore
that law would be a breach of the oath that each on the council
took and would not bring back Connie or Mike or any of the
others, it would just be ignoring the law and would make the
elections fairer. Should move forward with the election and
need to work in the community to be tolerant of one another, to
talk with one another and to speak with one another. He is
committed to this.
Council
Member Godi said there seems to be a lot of concern and
questions. He said he met with the remaining council members
after the February 7 event. They discussed Connie Karr’s name
remaining on the ballot as she was deceased. The council worked
together as a council and decided to contact Kevin Karr to have
him make the decision. He made the decision to have Connie
Karr’s name removed from the ballot. It is not right that John
Hessel has been crucified the past few weeks. He gives his
opinion on the law, the rules of the law, the rules of the
nation, the rules of the election board. Mr. Hessel researched
it and had many others that helped researched it, etc. Kevin
Karr gave the decision and if anyone disagrees with it they
should contact Kevin Karr. Mr. Godi suggested, however, that
people not contact him about his decision because he is very
upset about this whole thing. There is an alternative of a
write-in vote. Whoever is elected Mayor, the community needs to
stand behind that person. The room that everyone is in tonight
was done by contractors who stepped forward and took their time,
efforts and material and came in the next morning to begin
restoring the Chamber. That to Mr. Godi is what Kirkwood is,
they came forward and got the job done. That is what Connie
Karr had in mind to make it what Kirkwood used to be and bring
it in the present. In the past several years we haven’t seen
the volunteerism like what the individuals did who restored the
chamber. This is a start in Kirkwood and he asked that everyone
get behind the officials and make it a community best to live
in.
Deputy Mayor
Griffin said he agreed with what everyone has said. That night
the repercussions were negative. The last four weeks has been
distressful for everyone. Mr. Hessel is still doing his job and
the council is doing its job. Right now the City Council is
accountable to make decisions right now. That will change in a
few weeks with the election. Right now the council is
accountable to make the best decisions for the citizens of
Kirkwood. He was born and raised in Kirkwood and feels sad for
such mistrust of the city government and the City Council. It
is such mistrust that the council has such motives that they
want everything to go one way. He hears that the council
doesn’t listen, we listen, we may not agree but we listen.
Unfortunately people in all walks of life think that if some
disagrees or makes a different decision they didn’t listen.
This isn’t true. What the council tries to do is make the best
decisions for the City of Kirkwood, not for a neighborhood,
group, or person for the entire City. The city has laws that
are in place regarding the election and he agrees with the rest
of the council that it is time to move forward with the election
and bring the community together. The council cares about
everyone in Kirkwood. Sometimes we don’t all agree but that is
part of life. We do have to get back to the sense of respect,
respectful disagreement that is the only way the City Council
can work and that is the only way the citizens can expect the
best of the City Council.
There are a lot of
people who want to talk during the public comment portion. The
last meeting was a unique meeting for many reasons. Deputy
Mayor thought as the presider of the meeting it was important to
allow everyone an opportunity to vent. There were things such
as back and forth dialogue, questions of the City Attorney, etc.
at that meeting that were allowed. The public comment portion
of the meeting is an opportunity for citizens to make a brief
comment to the Council and that is how we will proceed tonight.
Everyone has a right to speak and everyone has a right to be
respected and not feel intimated. As presider, the deputy mayor
will not put up with disrespect, etc. tonight and he will stop
those that proceed in that fashion. There is nothing in the law
that says the public has to be allowed to speak. This is a
privilege not a right.
The
following individuals spoke before the Council:
1. Dick Reeves, Gaslite Lane, wants democracy in
Kirkwood, supports a blue ribbon commission and wants the April
election postponed until June.
2. Robert Burford, 622 Cleveland, read a written
statement and requested that Kirkwood Park be renamed Heroes
Park.
3. John Dodson, 125 Peeke, condemned some of the
comments made at the last meeting, commended council on they way
they handled the comments and sees a need for civil debate.
4. Carol Sipes, 1207 Lindgate, was appalled with
comments made at last meeting and supports the election moving
forward as planned.
5. Cathy Sherwin, 1022 Diversey, spoke about the
February 15, 2008 meeting that took place.
6. Barb Byerly, #2 Taylor Woods, read letter on behalf
of all living elected officials in support of the City Council.
7. Steve Powell, 2 Sugar Creek Trail, spoke about his
positive experiences of living in Kirkwood.
8. Paul Cartier, PJ’s Tavern, supports the City Council
and read letter from a council member from another city.
9. Tom Plunkert, 1 City Centre, was contacted by John
Hessel for his opinion on whether Missouri law would allow for
postponement of the April election. His opinion is that there
is no basis to file a petition to delay the election and the
opinion that John Hessel has given is the only prudent opinion
that could be given. He offered his sympathy and condolences
for what happened on February 7th.
10. Dave Freese, 415 North Harrison, wished Joe Godi well,
thanked the Police and Fire Departments for their service in
particular thanked all council members, John Hessel and all
other city employees for their service. Has never been
disappointed in judgment made by the council and supports a blue
ribbon commission.
11. Bill Frederichs, 645 Norfolk, appreciates the City
Council, Mr. Hessel and said they deserve the respect of the
community.
12. Linda Fenton, 1861 North Signal Hills, said everyone
has suffered from the tragedy of February 7th and
thanked the City Council, City Attorney, Police and Fire and
city staff for the service they provide.
13. Rev. John Robinson, 2020 Meadowtree Lane, found it
difficult to speak in this space four weeks later. Has always
known the City Council to do their best for the City even though
he hasn’t always agreed with decisions that have been made.
14. Reese Forbes, 680 West Washington, spoke about the
fact that 24 hours notice was not given for the February 15,
2008 meeting that took place, and provisions of absentee voting
of council members.
Council Member Godi discontinued his participation in the
meeting.
15. Kathy Paulsen, 401 Frieda, spoke about the notice of
the 9 a.m. February 15th meeting not being posted
until 7 a.m. on the same day, the City Clerk not responding to
her email asking what time city hall opened on February 15th,
and support of postponing the April election.
16. Anne Bedwinek, 625 Lindeman, supports postponing April
election.
17. Ellen Wentz, 544 Pamela Lane, supports postponing
April election.
18. Joseph Soraghan, 714 Elm Tree Lane, suggested that if
individuals want to postpone April election they should go
through courts
19. Doris Danna, 369 Rieth Terrace, advised that that the
Webster-Kirkwood Times has reported that there are several
uncontested races in neighboring communities
20. Franklin McCallie, 705 West Essex, supports delaying
April election, the Communications Committee survey of January
2007, supports giving citizens an opportunity to have another
mayoral candidate on ballot
21. Carol Gilster, 16 Garden Lane, concern with civility,
frequent use of the term divisive that signals negative response
to ideas, vocal minority ideas should be given consideration.
22. Mike Kearney, 326 Sugar Creek Road, spoke about the
good government in Kirkwood, would expect that Kirkwood look at
rules regarding delaying election, explain those rules to the
people, listen to the people, then no favorites, no mitigation,
and move forward. Thanked council, city attorney for providing
consistent, fair and firm good government.
23. Tom Noonan, 336 West Madison, appreciates what the
council has done to keep city running, has copy of Sect. 115 of
the Missouri statutes that doesn’t allow the City Council to
postpone the election if audience wants to look at it, and City
Charter does not permit council to postpone the election.
24. Bob Dickson, 2017 Hunters Field, there are laws, legal
system, utilize it, doesn’t support delaying election.
25. Midge Supp Feldmann, 425H South Geyer, thanked City
Council, City Attorney, Police and Fire and thinks April
election should take place.
26. Nancy Luetzow, 1208 DuBois Court, thanked City Council
for their service and supports postponing the April election.
27. Nancy Seats, 420 South Geyer, wants the April election
postponed.
28. Steve and Michael Brown, 608 Villa Gardens, Frank Leta
Acura, wanted to start a charitable campaign for the victims.
They will print thousands of window static (ribbon that reads
“Kirkwood Unity” a star in the middle with five points
symbolizing the five victims) showing outwardly support and they
will sell them for $5 each on the following website:
Kirkwoodunity.org with 100% of the proceeds going to the
victims families. They received a round of applause for their
efforts. The first 500 will be given away to customers. They
believe their efforts will raise $20,000 by the end of the year.
29. Douglas Brockhouse, 612 Rosewood, does not support
delaying the election because of the fiscal cost to change the
election.
30. Gwyn Wahlmann, 1002 West Adams, said divisiveness
comes from lack of inclusion in various aspects of the city.
31. Maryann Antoine, 235 Barter, understands how
devastating it can be when a candidate dies but believes the
community will be well-served by Art McDonnell.
32. Ron Hodges, Meacham Park, asked that someone from the
city monitor the water company’s work because when they repaired
the streets they weren’t repaired correctly. Specifically, the
200, 300 and 400 block of Orleans to New York Street.
33. Lorraine Spears Brown, said she didn’t say anything
ugly at the last meeting and that she thinks everyone needs to
come together and listen
34. Jane Von Kaenel, 10917 Big Bend Road, asked what would
happen if the election was delayed until June and referred to a
Post-Dispatch article of March 3, 2008.
35. Sara Paulsen, 401 Frieda, suggested that Art McDonnell
comes by her mom’s house and meet with her. Her mom has been
upset on occasion after attending council meetings and Sara
believes that if Mr. McDonnell meets with her that it would be a
good step.
36. Craig Conway, 120 Sweetbriar, City of Kirkwood has
always maintained an electric reserve fund. Need to develop an
alternative plan to replace the funds spent.
37. Shirley Snyder, 1079 Brooksgate Manor, her husband is
a retired judge and he agrees 100% with Mr. Hessel’s opinion
about the April election.
38. Gene, 1045 Dovergate, there will be a community
dialogue on Saturday at 9:30 at Meramec
39. Paul Schaefer, 732 South Ballas, thanked the City
Council, City Attorney, Police, Fire and staff for their service
to the community.
40. Jane Sanders, suggested trying to listen to each other
and consider everyone’s thoughts.
CONSENT AGENDA
Motion was
made by Council Member McDonnell and seconded by Council Member
Ward to approve the Consent Agenda. The motion to approve the
Consent Agenda was unanimously approved as follows:
a) Approval of the February 21, 2008, City Council
Meeting Minutes
b) Resolution 14-2008, transferring funds from full-time
salary accounts to part-time ice rink account ($10,200)
c) Resolution 15-2008, transferring funds from the
Transmission Account to the Electricity Account for payment of
wholesale energy bill ($100,000)
d) Resolution 16-2008, transferring funds between two
Park and Recreation related sales tax projects to complete the
Central Ridge Phase 2 project ($14,000)
e) Resolution 17-2008, accepting the bid of LeBeau
Painting Company for the Aquatic Center Pool Painting-Lazy River
Project ($16,850)
f) Resolution 18-2008, accepting the bid of Landsign,
LLC for the retaining wall and concrete walk installation for
the Parks and Recreation Department ($10,580)
g) Resolution 19-2008,approving new members for the
Market Committee
h) Resolution 20-2008, appointing Paul Paese to the
Library Board to fill an unexpired term
i) Resolution 22-2008, transferring funds for law
enforcement equipment ($9,600)
OLD BUSINESS
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.
Roll Call
Vote as Follows:
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 9745.
Bill 9868,
amending Chapter 14, Section 14-391, Schedule A: “Stop
Intersections” to remove the stop intersection at Big Bend Road
(westbound) at the entrance to West Glenwood Lane and adding
this location to Section 14-395 Schedule E: “Yield Right-of-Way
Intersection” was brought before the council.
Roll Call
Vote as Follows:
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 9746.
Bill 9869,
appropriating $1,100 from the Equitable Sharing Fund Balance to
a Police Department Account to provide each CERT volunteer
member with items needed to assist the Police Department in the
event of storm related events or a natural disaster was brought
before the council.
Roll Call
Vote as Follows:
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 9747.
Motion was
made by Council Member Ward and seconded by Council Member
McDonnell to bring Substitute Bill 9870 on the floor for
consideration. The motion was unanimously approved. Substitute
Bill 9870, appropriating $260,000 from the General Fund (fund
balance) to the Fire Department Overtime Account was brought
before the council.
Roll Call
Vote as Follows:
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 9748.
Bill 9871,
appropriating funds in the amount of $13,862 from the General
Fund (fund balance) to Account #101-1701-423.31.10, accepting
the bid of TA Contracting in the amount of $13,862 for
single-family demolition, site clearance and asbestos removal at
320 Saratoga and authorizing and directing the Mayor to enter
into a contract was brought before the council.
Roll Call
Vote as Follows:
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 9749.
Bill 9872,
appropriating $295,275 from the Parks and Recreation Fund
Balance to Account 302-2001-600.75.04, Project PR0807, accepting
the bid of the Harlan Company in the amount of $268,800 for the
Monfort Park construction and authorizing and directing the
Mayor to enter into a contract was brought before the council.
Roll Call
Vote as Follows:
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 9750.
Bill 9873,
appropriating $10,000 from the General Fund (fund balance) to
various Street Department Accounts for Legal, Unemployment
Compensation, Fuel and Electric was brought before the council.
Roll Call
Vote as Follows:
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 9751.
Bill 9874,
appropriating funds in the amount of $12,000 from the Sanitation
Fund Balance to Account 509-2310-482.80.05 for fuel was brought
before the council.
Roll Call
Vote as Follows:
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 9752.
Bill 9875,
amending provisions of the City of Kirkwood Code of Ordinances,
Chapter 2, Article VII, Division 3 Architectural Review Board
regarding review time for building permit applications was
brought before the council.
Roll Call
Vote as Follows:
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 9753.
NEW BUSINESS
Bill 9876,
appropriating $75,000 from the General Fund (fund balance) to
Street Department overtime and salt accounts was brought before
the council. Motion was made by Council Member McDonnell and
seconded by Council Member Ward to accept the bill for first
reading approval. The motion was unanimously approved.
The bill received first
reading approval and was held over.
Bill 9877,
appropriating funds in the amount of $45,000 from the Electric
Fund (Fund Balance) for costs associated with the Electric
Department services in assisting the City of Jackson was brought
before the council. Motion was made by Council Member McDonnell
and seconded by Council Member Ward to accept the bill for first
reading approval. The motion was unanimously approved.
The bill received first
reading approval and was held over.
Bill 9878,
transferring funds in the amount of $15,000 from a salary
account to vehicle parts/repair account and gas accounts was
brought before the council. Motion was made by Council Member
Iggy Yuan 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 9879,
appropriating $8,000 from the General Fund (fund balance) to
Account 101-1201-421.66.21 for equipment for additional Police
Officers was brought before the council. Motion was made by
Council Member McDonnell and seconded by Council Member Ward to
accept the bill for first reading approval. The motion was
unanimously approved.
The bill received first
reading approval and was held over.
Resolution
21-2008, amending Section 1 of Resolution 60-2007 for an Amended
Final B5 Development Plan for Construction of a Starbucks Coffee
Shop at 1200 South Kirkwood Road was brought before the
council. Motion was made by Council Member Yuan and seconded by
Council Member McDonnell to accept the Resolution as read.
Roll Call
Vote as Follows:
Council
Member Godi Absent
Deputy Mayor
Griffin “Yes”
Council
Member McDonnell “Yes”
Mayor
Swoboda Absent
Council
Member Ward “Yes”
Council
Member Yuan “Yes”
Bill 9880, adopting
and approving the operating and capital budgets for the City of
Kirkwood for the year April 1, 2008 through March 31, 2009, and
appropriating such sums as are set forth herein for all
departments and the accounts therein specified, for all
expenditures of the city of such year, which appropriations
total $52,054,901, capital projects of $4,905,210, and
appropriating the sum of $1,187,032 for payment of principal,
interest and bank fees for bonded indebtedness from the debt
service fund; and reappropriating $5,084,799 for previously
approved 2007/2008 projects that will be incomplete as of March
31, 2008 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.
The bill received first reading
approval and was held over.
Bill 9881, approving
the budget of the Special Business District in the amount of
$282,200 for the fiscal year April 1, 2008 through March 31,
2009 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.
The bill received first reading
approval and was held over.
CONSENT
AGENDA ITEMS FOR DISCUSSION
NONE
CITY COUNCIL REPORTS
Council Member
McDonnell gave an update of the last Landmarks Commission
meeting which included a two-hour session to get input from the
residents in the Jefferson/Argonne district.
Council Member Ward
requested a strong level of participation at the community
dialogue meeting on Saturday beginning at 9:30 a.m. Deputy
Mayor Griffin advised that he was at the last meeting and found
it beneficial, however, he will be unable to attend this
Saturday.
CHIEF
ADMINISTRATIVE OFFICER REPORTS
Ms. Ragland advised that the City
received an Application for Temporary Outdoor Promotional
Variance from the Alpine Shop at 440 North Kirkwood Road for its
annual Spring Tent Sale from May 2, 2008 through Sunday May 4.
The tent will go up on April 29 and taken down on May 6. Motion
was made by Council Member Yuan and seconded by Council Member
McDonnell to approve the request. The motion was unanimously
approved.
Ms. Ragland referred to a letter
from Debbie Dillender of Apartment 2, 800 South Geyer to amend
her liquor license to allow outdoor liquor sales and that
outdoor hours be extended to 10:00 p.m. After discussion it was
determined that this should be addressed after the new council
is seated. Mr. Hessel suggested that the neighborhood be
advised of the request. No action was taken by the City Council
on the request.
Ms. Ragland gave the following
report of the March 5, 2008 Planning and Zoning Commission
Meeting:
1.
Recommend approval of a Special Use Permit and Site Plan for an
Enterprise Rent-a-Car facility at 11124 Manchester Road. A
public hearing was set for May 15, 2008.
2.
Recommend approval of a Special Use Permit and Site Plan for
Outdoor Living at 899 South Holmes Avenue. A public hearing was
set for May 15, 2008.
CITY ATTORNEY
REPORT
Mr. Hessel announced that his daughter,
Katherine, competed in the state championships the week after
February 7th and came in 10th in the
backstroke, the relay team 10th place and free relay
team 11th. She received a round of applause from the
audience.
ADJOURNMENT
There being no further business to come before the Council,
the meeting was adjourned. The next regular council meeting was
scheduled for March 20, 2008 at 7:00 p.m.
Approved: March 20, 2008 |
