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  City Council Meeting Minutes

KIRKWOOD CITY HALL

March 15, 2007

7:00 p.m.

Pursuant to notice of meeting duly given by the Mayor, the City Council convened on Thursday, March 15, 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. 

PROCLAMATIONS

Mayor Swoboda presented an American In Bloom proclamation to Bill Rupert and Judy Brauer.

PUBLIC HEARINGS

Public Hearing #1:

Mayor Swoboda announced that City Coffee House had delayed their public hearing.

Public Hearing #2:

Mayor Swoboda recessed the meeting for the purpose of conducting a public hearing on POPtions, Suite 100 at 200 South Kirkwood Road (Station Plaza).  Mr. Hessel entered the following exhibits into the record:  An Affidavit of Publication in the St. Louis Countian as Exhibit 1, the Notice of Publication in the Webster-Kirkwood Times as Exhibit 2, List of Property Owners to whom the notice had been sent as Exhibit 3, Report of the Planning and Zoning Commission dated February 22, 2007 which recommended approval of the Special Use Permit for POPtions as Exhibit 4 and the Subcommittee Report to the Planning and Zoning Commission recommending approval as Exhibit 5, and the Code of Ordinances of the City of Kirkwood as Exhibit 6. 

The petitioner, Andrew Freundlich, described his project to the City Council as a gourmet popcorn establishment with premade/premixed blends of popcorn; patrons will also be able to purchase popcorn and add a variety of toppings.  The Council was also presented with an artist’s rendering. 

The item was placed on the agenda as item 2 under New Business and became Bill 9780.

PUBLIC COMMENTS

            1.  Steve Powell, 2 Sugar Creek Trail, spoke in favor of the property tax.

            2.  Carolyn Karelitz, 422 Couch Avenue, spoke in favor of the property tax.

            3. Steve Woodard, 1968 Meadow Tree Lane, #6, spoke in favor of the property tax.

CONSENT AGENDA

Motion was made by Council Member Lynch and seconded by Council Member Karr to approve the Consent Agenda. Council Member Griffin abstained from item #d. The motion to approve the Consent Agenda was unanimously approved as follows:

a)         Approval of the March 1, 2007, City Council Meeting Minutes

b)         Resolution 10-2007, appointing members to the Greentree Festival Committee

c)         Resolution 11-2007, adopting a revised City of Kirkwood Employee Safety Procedures Manual

d)         Resolution 12-2007, accepting the bid of C&R Mechanical for Ice Rink Chiller Maintenance ($25,404)

e)         Resolution 13-2007, accepting the proposal of J&M Displays, Inc. for the 2007 July 4th Fireworks Display ($20,000 – will be reimbursed through private donations)

f)          Resolution 14-2007, appointing Jim Durbin to the SBD Advisory Commission to fill an unexpired term

g)         Resolution 15-2007, renewing the contract with Midwest Pool Management for services at the Aquatic Center ($271,476)

h)         Resolution 16-2007, amending the contract with Gallagher Benefit Services ($19,800)

OLD BUSINESS

            Bill 9770, calling for an election within the City of Kirkwood, St. Louis County, Missouri, to be held on June 5, 2007, for the purpose of submitting to the qualified voters of the City of Kirkwood, Missouri, the question of enacting a general property tax of $0.34 on each $100 of assessed valuation for the purpose of funding Fire, Emergency Medical Services, Police, and other City government operations 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 9655.

            Bill 9771, appropriating funds in the amount of $25,000 from the Electric Fund Balance for a liability insurance deductible 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 9656

Bill 9772, appropriating funds in the amount of $28,463 from the General Fund (fund balance) to various Police Department expenditure accounts 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 9657.

            Bill 9773, transferring funds in the amount of $107,516 from Water Department expenditure accounts to salary accounts 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 9658.

            Bill 9774, transferring funds in the amount of $24,825 from a Street Division expenditure account to a Street Department overtime salary account 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 9659.

Bill 9775, transferring funds in the amount of $102,042.51 from Electric Department expenditure account 501-2115-480.75.15 to various Electric Department overtime salary accounts 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 9660.

Bill 9776A, appropriating funds in the amount of $45,000 from the Capital 301 Fund to Account 301-1102-600.75.03, Project AD0701 for unanticipated asbestos abatement at 236 East Monroe 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 9661.

            Bill 9777, adopting and approving the operating and capital budgets for the City of Kirkwood for the year April 1, 2007 through March 31, 2008, 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 $44,224,342, capital projects of $3,760,522, and appropriating the sum of $1,138,143 for payment of principal, interest and bank fees for bonded indebtedness from the debt service fund;  and reappropriating $8,328,359 for previously approved 2006/2007 projects that will be incomplete as of March 31, 2007, 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 9662.

            Bill 9778, approving the budget of the Special Business District in the amount of $302,500 for the fiscal year April 1, 2007 through March 31, 2008, 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 9663.

NEW BUSINESS

            Bill 9779, adopting a revised City of Kirkwood Classification and Pay Plan. 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 9780, granting a Special Use Permit for a restaurant in Suite 100 at 200 South Kirkwood Road (Station Plaza) known as POPtions.  Motion was made by Council Member Karr 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.

CITY COUNCIL REPORTS

            Council Member McDonnell reported that March 18 was the 36th anniversary of Kirkwood recycling and as a result of the city having the recycling center Kirkwood will be exempt from the recycling rules that have been set up by St. Louis County for municipalities to adhere to.

            Council Member Griffin reported that he would be out of town on April 5, 2007.

CHIEF ADMINISTRATIVE OFFICER REPORTS

            Mr. Brown read the following report of the Planning and Zoning Commission’s March 7, 2007.  No official action was taken.

            Mr. Brown reported that Debbie Dillender, the owner of The Lobby at 800 South Geyer Road had requested that the restriction on her liquor license limiting her sale or consumption of alcoholic beverages on the outside of the building, i.e. patio, be lifted.  After discussion, motion was made by Council Member Lynch and seconded by Council Member Karr that the request be put on the next agenda after council members have had an opportunity to notify residents who live nearby.  The motion was unanimously approved.

            Mr. Brown reported that he had received an application for a picnic license from the APA of Missouri who is having a fundraiser at the Community Center on July 28, 2007.  The application had been reviewed by the Parks and Recreation Department and the Police Department.  Motion was made by Mayor Swoboda and seconded by Council Member Lynch to approve the issuance of the picnic license.  The motion was unanimously approved.  Council Member Lynch recommended that in the future the license information be omitted from the council packets. 

            Mr. Brown reported that he had received a request from the Alpine Shop wishing to hold their Spring Swap on May 4, 5 and 6 on the parking lot and the zoning code required council approval.  Motion was made by Council Member Lynch and seconded by Council Member McDonnell to approve the request.  The motion was unanimously approved. 

            Mr. Brown reported that he had received a request from Ashley Furniture Homestore to have a tent sale in their parking lot on April 13 – 15, 2007.  Motion was made by Council Member Lynch and seconded by Council Member Karr to approve the request.  The motion was unanimously approved by the council.

CITY ATTORNEY REPORT

            Mr. Hessel had nothing to report.

ANNOUNCEMENT

            A birthday cake was presented in honor of the 200th anniversary of the birthday of James P. Kirkwood. 

ADJOURNMENT

There being no further business to come before the Council, the meeting was adjourned at 8:00 p.m.  The next regular council meeting was scheduled for April 5, 2007, at 7:00 p.m.