City Council Meeting Minutes

KIRKWOOD CITY HALL

April 5, 2007

7:00 p.m.

Pursuant to notice of meeting duly given by the Mayor, the City Council convened on Thursday, April 5, 2007 at 7:00 p.m. at Kirkwood City Hall, 139 South Kirkwood Road, Kirkwood, Missouri. Present were Council Members Godi, Karr, Lynch, McDonnell, Yuan, and Mayor Swoboda. Also in attendance were CAO Michael Brown and City Attorney John Hessel. Council Member Griffin was absent and excused.

PRESENTATIONS

Mayor Swoboda presented a Certificate of Conformance to Director of Finance John Adams for the City’s Comprehensive Annual Finance Report (CAFR) for Fiscal Year ended March 31, 2006. This is the fifth year in a row the City has received this award and independently prepared its own CAFR Mr. Adams was congratulated on this outstanding accomplishment. Mr. Adams reported that the CAFR can be found on the City’s website.

Mayor Swoboda presented a certificate to City Clerk Betty Montaño announcing her designation of Missouri Registered City Clerk, Sustaining Classification from Missouri State University, The Missouri Local Government Program. Ms. Montaño was congratulated on achieving this designation.

PUBLIC HEARING

Mayor Swoboda recessed the meeting for the purpose of conducting a public hearing to rezone 11204 through 11224 Big Bend Road from R-3 to B-3 (Tiffany Retail Project). The petitioner is Wentworth Development. Mr. Hessel entered the following exhibits into the record: An Affidavit of Publication in the St. Louis Countian on March 16, 2007 as Exhibit 1, the Notice of Publication in the Webster-Kirkwood Times as Exhibit 2, a list of property owners to whom notice of this hearing was sent as Exhibit 3, the Planning and Zoning Commission Report dated February 8, 2007, where the Commission recommended denial of the rezoning as Exhibit 4, the Planning and Zoning Commission Subcommittee Report dated February 7, 2007, as Exhibit 5, and the Kirkwood Code of Ordinances as Exhibit 6.

Don Anderson, attorney representing the petitioners Steve and Brenda Leathers of Landco Development, presented the matter to the council. The petitioner is proposing a rezoning of the 1.85-acre tract on Big Bend west of Geyer Road. Mr. Anderson distributed printed information regarding the projects and requested that it be included as Exhibit “A.” The tract is bounded on the south by the Burlington Northern tracks, to the west by a Montessori school (Kirkwood Children’s Home), to he north by Big Bend Road and the Community College and to the east by a service station/convenience store.

The project for the site would include 19,000 square feet under roof and the petitioner believes that the amount of sales tax generated would be about $171,000 to the City of Kirkwood, $120,483.84 to Kirkwood Schools, $12,416 City property tax and $5,452.80 for Kirkwood Library. Information pertaining to the site elevation and rendering of Tiffany Retail was presented. The project would offer services such as a small bookstore, cleaners and copy center and would not be designed for destination orientation and would be built for people who live in the area. Information contained in the June 2006 traffic study was presented. It is believed that while there are existing traffic problems the proposed development will not exacerbate the problem. The project will include a 30-foot buffer between the parking lot and the school. There will be 102 parking spaces and storm water will be collected at various points on the site.

The houses on the site were built in the 1920’s and 1950’s and predate zoning. The Community College is across Big Bend and the gas and convenience store built in 1992 received approval for expansion in 1999. The petitioner believes that residential use is no longer possible for the site and believes that there is saturation of condominiums. Condominiums would not be viable for the site because of noise, train traffic, vibration level and the abundance of safety issues. The current value of the site is $450,000 to $500,000. If the project is approved it is believed that the value of the improved site will be $8.8M.

Some of the issues discussed are as follows:

· Two entries and exits. Any left turns out of site? It is difficult to assure that no left turns will be made.

· The draft of the Comprehensive Plan identified this site for a change in zoning. The draft that included this recommendation was not approved by the Planning and Zoning Commission.

· Mr. Anderson has made a Sunshine Law Request to the City and staff is working on responding to the request.

· St. Louis County received a copy of the concept plan with regard to impact on Big Bend and the petitioner received a response stating no objection and that plans would have to be submitted to the County.

· The Traffic Study was based in general on the uses. There are 66 permitted uses. Mr. Cannon reported that a shopping center with a variety of uses was used but did not include restaurants.

· When the gas station/convenience store expanded St. Louis County reported an accident rate of two accidents per month. Mr. Cannon reported that the accident rate was not evaluated but believes it would be very similar.

· If the City Council wants to override the Planning and Zoning Commission’s recommendation it would require five out of seven voting in favor.

· The City spent a lot of money for a revised Comprehensive Plan and this is what the City uses as a guide.

The following individuals spoke regarding the matter:

1. Bob Nelson, Meramec Community College, it is the position of St. Louis Community College that they are opposed to commercial zoning for this site. The college has made some adjustments regarding college traffic and will put up barriers so students wanting to go south on Big Bend can only make a right turn.

2. Mary Ann Rea, 1308 South Geyer, asked what action she can take to make petitioner stop coming back to the city with this proposal of rezoning and proposal for commercial in this area or other area on Big Bend. She is concerned with incorrect statements made such as the implication that Meramec College was a supporter of barriers and she doesn’t believe this project will not be a destination center. Also would like to see if the proposal will include food sales.

3. Stan Rea, 1308 South Geyer, is opposed to the rezoning and proposed development. Does not believe the gas station/convenience store should be used as leverage to support commercial on the proposed site. There will be safety issues with this proposal including accidents becoming more numerous and severe.

4. Alan Hopefl, 12 Orchard Way, representing the residents in the Windsor Acres subdivision which has some properties backing to the properties at 11204 and 11224 Big Bend. He submitted 100 signatures from 92% of the occupied households in the subdivision on June 21, 2006, opposing the rezoning of the five homes for commercial development. The occupied homes on the site are zoned R3 in the Comprehensive Plan and the future land use in the Plan shows them remaining R3.

5. Ron Ryan, 1286 Oakshire, representing his neighborhood where over 200 signatures indicate opposition to the proposal. Concerned that this is already a congested, confusing traffic area. Big Bend residences have appreciated as residential, Vision 2015 specifically addresses this site as unable to support commercial use, looking for unanimous denial from the council on the proposal.

6. Norella Huggins, 1968 Meadowtree Lane, #5, former Chair of Comprehensive Plan Steering Committee. The consultant delivered what he was supposed to, one recommended change to the Plan. Trusts that the City Council will turn down the request.

The item was placed on the agenda as item 6 under New Business and became Bill 9786.

PUBLIC COMMENTS

1. Leroy Eagan, 440 West Rose Hill, opposed to lifting the restriction on the liquor license for 800 South Geyer that would allow liquor outside.

2. Jim Anderson, 820 South Geyer, opposed to outdoor liquor at 800 South Geyer.

3. Lisa Anderson, 820 South Geyer, opposed to outdoor liquor sales at The Lobby as it will devalue properties and no plan to limit the number of people that will be outside.

4. Sue Herweck, 434 West Rose Hill, opposed to liquor outside at 800 South Geyer and submitted a petition signed by those opposed to outside liquor a this location.

5. Bill Ruppert, 1328 Forest Avenue, updated the council on the America in Bloom project.

6. Charles Thornton, 351 Attucks, regarding citizen comment portion of meeting

City Attorney Hessel spoke regarding Mr. Thornton’s inaccurate comments. Mr. Thornton filed a motion to amend his lawsuit to add additional parties and add an additional claim. There was a hearing last Friday and the court denied this motion. The court also encouraged Mr. Hessel to file a Motion for Summary Judgment with respect to Mr. Thornton’s claim. Mr. Hessel also indicated that Mr. Thornton was found guilty of the disorderly conduct charges in Associate Circuit Court. He was fined $1,000 on each charge. Mr. Hessel intends to file a motion to ask the court to satisfy the judgment against Mr. Thornton.

CONSENT AGENDA

Motion was made by Council Member Lynch and seconded by Council Member Yuan to approve the Consent Agenda. Council Member Karr requested that item b) Resolution 17-2007 be placed on the regular agenda. The motion to approve the Amended Consent Agenda was unanimously approved as follows:

a) Approval of the March 15, 2007, City Council Meeting Minutes

c) Resolution 18-2007, authorizing the Mayor to renew a contract with Schowalter & Jabouri, P.C. Certified Public Accountants to provide auditing services. ($53,000)

d) Resolution 19-2007, accepting the bid of Colfax Treating Company for utility poles for warehouse stock ($10,872)

e) Resolution 20-2007, accepting the base bid and alternate bid item “A” of Dura Seal Paving Contractor for asphalt overlay and related work on various streets in the City of Kirkwood ($499,328.70)

f) Resolution 21-2007, appointing Susan Renard to the Urban Forestry Commission to fill an unexpired term

g) Resolution 22-2007, accepting the proposal of Delta Dental to provide dental insurance ($94,136.64)

h) Resolution 23-2007, renewing the contract with Anthem for Employee Health Insurance ($1,735,684.80)

i) Resolution 24-2007, accepting the bid of All American Painting Company for painting the competition pool ($15,468)

j) Resolution 25-2007, accepting the bid of Barthelmass Painting Company for painting of the Aquatic Center locker/changing area, SCS play structure and concession stand ($5,220)

OLD BUSINESS

Bill 9779, adopting a revised City of Kirkwood Classification and Pay Plan was brought before the council.

Roll Call Vote as Follows:

Council Member Godi “Yes”

Council Member Griffin Absent

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 9664.

Bill 9780, granting a Special Use Permit for a restaurant in Suite 100 at 200 South Kirkwood Road (Station Plaza) known as POPtions. The City Clerk advised that the petitioner requested that the bill be continued to the next meeting. Motion was made by Council Member Lynch and seconded by Council Member Karr to continue the bill to April 19, 2007. The motion was unanimously approved.

The bill was continued to April 19, 2007.

NEW BUSINESS

Bill 9781, amending Appendix E, Personnel Rules and Regulations of the City of Kirkwood Code of Ordinances 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.