KIRKWOOD CITY HALL

May 1, 2008

7:00 p.m.

Pursuant to notice of meeting duly given by the Mayor, the City Council convened on Thursday, May 1, 2008 at 7:00 p.m. at Kirkwood City Hall, 139 South Kirkwood Road, Kirkwood, Missouri.  Present were Council Members Biedenstein, Godi, Griffin, Jaksetic, Yuan and Mayor McDonnell.   Also in attendance were Chief Administrative Officer Michael Brown and City Attorney John Hessel. 

REPORT OF CERTIFIED RESULTS OF APRIL 8, 2008 ELECTION

City Clerk Montaño read the following April 8, 2008, certified election results into the record:

Following are the certified results of the April 8, 2008 election from the St. Louis County Board of Election Commissioners dated April 21, 2008:

For Mayor:

Arthur McDonnell                                 4,320

Write-In Candidates

            Dan Cressey                             1,035

            Michael Moore                148

            Milad AbouNader                         43

For Council Member:

Craig Conway                                      2,564

Gary Reim, Jr.                                      2,524

Timothy E. Griffin                                 3,525

Gerry Biedenstein                                 3,189

Gina Jaksetic                                        2,858

Dan Kertz                                            1,768

PRESENTATIONS

NONE

PUBLIC HEARINGS

Public Hearing #1:

Mayor McDonnell 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).  This public hearing was continued from February 21, 208.  The petitioner is CDF & CNF Investment LLC. Mr. Hessel entered the following additional exhibits into the record:  An Affidavit of Publication St. Louis Countian on April 15, 2008, as Exhibit 1, an affidavit of Publication in the Webster Kirkwood Times on April 18, 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 in which the subcommittee recommended denial dated November 6, 2007 as Exhibit 6, the decision of the Board of Adjustment to grant variance as Exhibit 7, a letter from Curtis Francois of CDF & CNF Investments, LLC dated April 25, 2008 requesting that the public hearing scheduled for May 1, 2008 be scheduled for May 15, 2008 because their consultant is out of town as Exhibit 8, copy of the notice mailed to property owners advising that the petitioner was unable to present the information at the May 1, 2008 public hearing and has requested that the public hearing take place on May 15, 2008, as Exhibit 9, a letter from Courtney Rawlins dated April 24, 2008 objecting to the rezoning as Exhibit 10, and the Code of Ordinances of the City of Kirkwood as Exhibit 11.

In light of the request of the petitioner to have the Public Hearing on May 15, 2008, City Attorney Hessel suggested that comments be held until the presentation is made.  Citizens in attendance for this issue were encouraged to return and make their comments at the meeting of May 15, 2008.

The public hearing was continued to May 15, 2008.

Public Hearing #2:

Mayor McDonnell recessed the meeting for the purpose of conducting a public hearing regarding a request to vacate Earl Avenue.  This public hearing was continued from February 21, 208.  The petitioner is CDF & CNF Investment LLC. Mr. Hessel entered the following additional exhibits into the record and recommended that all exhibits entered into the record be entered as part of this public hearing:  An Affidavit of Publication St. Louis Countian on April 15, 2008, as Exhibit 1, an affidavit of Publication in the Webster Kirkwood Times on April 18, 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 in which the subcommittee recommended denial dated November 6, 2007 as Exhibit 6, the decision of the Board of Adjustment to grant variance as Exhibit 7, a letter from Curtis Francois of CDF & CNF Investments, LLC dated April 25, 2008 requesting that the public hearing scheduled for May 1, 2008 be scheduled for May 15, 2008 because their consultant is out of town as Exhibit 8, copy of the notice mailed to property owners advising that the petitioner was unable to present the information at the May 1, 2008 public hearing and has requested that the public hearing take place on May 15, 2008, as Exhibit 9, a letter from Courtney Rawlins dated April 24, 2008 objecting to the rezoning as Exhibit 10, and the Code of Ordinances of the City of Kirkwood as Exhibit 11.

In light of the request of the petitioner to have the Public Hearing on May 15, 2008, City Attorney Hessel suggested that comments be held until the presentation is made.  Citizens in attendance for this issue were encouraged to return and make their comments at the meeting of May 15, 2008.

The public hearing was continued to May 15, 2008.

PUBLIC COMMENT

1.         Michael Moore, 311 Attucks, congratulated the Mayor and recently elected officials and advised that he has started a recall petition just in case the newly elected officials don’t keep their word.

CONSENT AGENDA

Motion was made by Council Member Griffin 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 April 17, 2008 Council Meeting Minutes

b)         Resolution 31-2008, transferring funds from a Purchasing Department Account to various accounts for salary and other benefits associated with the Assistant Purchasing Director and Program Evaluation position ($79,050.84)

OLD BUSINESS

NONE

NEW BUSINESS

            Bill 9886, appropriating funds in the amount of $12,109 from the General Fund Account Balance to various Purchasing Department accounts for items required for the new position of Assistant Director of Purchasing and Program Evaluation was brought before the council.  Motion was made by Council Member Griffin and seconded by Council Member Godi to accept the bill for first reading approval.  The motion was unanimously approved.

The bill received first reading approval and was held over.

            Bill 9887, appropriating donations received in the amount of $1,200 on behalf of the Urban Forestry’s Junior Treekeeper Program was brought before the council.  Motion was made by Council Member Biedenstein and seconded by Council Member Griffin to accept the bill for first reading approval.  The motion was unanimously approved.

The bill received first reading approval and was held over.

            Bill 9888, appropriating $26,300 from the Equitable Sharing Fund Balance to Police Department account 205-1201-429-66.21 for Simunition training, rotating lease for undercover surveillance vehicle and Nextel phones was brought before the council.  Motion was made by Council Member Godi 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 9889, authorizing and directing he expending of all funds collected through donations for the victims’ families which are classified as disaster relief payments was brought before the council.  Motion was made by Council Member Griffin and seconded by Council Member Godi to accept the bill for first reading approval. The motion was unanimously approved.

The bill received first reading approval and was held over.

            Resolution 32-2008, approving an amended Final B5 Development Plan for Kirkwood Crossing on property known as 1263 South Kirkwood Road was brought before the council.  Motion was made by Council Member Griffin and seconded by Council Member Yuan to accept the Resolution as read.

            Roll Call Vote as Follows:

            Council Member Biedenstein                            “Yes”

            Council Member Godi                          “Yes”

            Council Member Griffin                                    “Yes”

            Council Member Jaksetic                                  “Yes”

            Mayor McDonnell                                            “Yes”

            Council Member Yuan                          “Yes”

CONSENT AGENDA ITEMS FOR DISCUSSION

NONE

CITY COUNCIL REPORTS

            The last meeting of the Community Unity and Healing group will take place on Saturday at 9:30 a.m. at Grace Episcopal Church.

            The Landmarks Commission will conduct the favorite buildings award ceremony on May 14^th at 7 p.m. at the Kirkwood Train Station.

            Mayor McDonnell thanked Council Member Yuan for attending the grand opening of Amigos and thanked Council Member Jaksetic for being at Tillman to assist with the Junior Treekeeper program and certificate presentation.

CHIEF ADMINISTRATIVE OFFICER REPORTS

Mr. Brown advised that the City received a Liquor License application from R. L. Blank, 7-11 Sales Corporation, 639 West Woodbine Avenue. There has been a change in ownership and the application is for liquor in the original package including Sunday Sales.  Motion was made by Council Member Griffin and seconded by Council Member Godi to approve the application.  The motion was unanimously approved.

Council Member Biedenstein asked if the request by Debbie Dillender to amend the liquor license for 800 South Geyer will be addressed at the May 15, 2008 meeting.  This issue will be addressed under the Chief Administrative Officer’s Report on May 15, 2008.  The City doesn’t send notification cards to property owners in this regard, but Council Members can notify neighbors if they choose.  It was suggested that liquor license applications/amendments be added to the agenda.  The City Clerk will add this information in the future.

CITY ATTORNEY REPORT

            Mr. Hessel advised that he will be absent from the May 15, 2008 meeting and that Bev Marcin will attend the meeting in his place.

ADJOURNMENT

There being no further business to come before the Council, the meeting was adjourned.  The next regular council meeting was scheduled for May 15, 2008 at 7:00 p.m.