City
Council Meeting Minutes
KIRKWOOD CITY HALL
May 15, 2008
7:00 p.m.
Pursuant to notice of meeting duly given by the Mayor, the City
Council convened on Thursday, May 15, 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 Bev Marcin.
PRESENTATIONS
Pat Jones, Chair, Landmarks Commission, presented information
pertaining to the history of Kirkwood City Hall. The first
meeting in the current city hall took place in October 1942 and
the building was dedicated on December 19, 1942. The old City
Hall remained place while construction took place of the current
city hall. The old city hall was torn down after the completion
of the current City Hall. The Mayor and City Council were
presented with a plaque designating Kirkwood City Hall as a
Landmark.
Bill Ruppert, Chair, Urban Forestry Commission, presented
information pertaining to the establishment of the Urban
Forestry Commission 10 years ago which started after the
original tree inventory that took place throughout the city of
Kirkwood. On April 25, 2008 the City of Kirkwood received the
Tree City USA designation. Kirkwood has been a Tree City USA
designee for the past 18 years. The Mayor and City Council were
presented with a new Tree City USA Flag, a hat, pin and decal
honoring the recent designation.
PUBLIC HEARINGS
Public
Hearing #1:
Mayor McDonnell recessed the meeting for the purpose of
continuing 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 May 1, 2008.
The petitioner is CDF & CNF Investment LLC. Ms. Marcin entered
the following additional exhibits into the record:
Correspondence received from CDF & CNF Investments, LLC dated
May 7, 2008, as Exhibit 12 and correspondence received regarding
the rezoning and vacation of Earl Avenue consisting of 19 items
that will be placed in the project file, as Exhibit 13.
Mitch Burdick, CDF & CNF Investments, LLC presented the matter.
The subject area is immediately adjacent to a gas station and
Two Nice Guys Restaurant. The petitioner is proposing a 27,000
square feet of medical office space if the subject area is
approved for rezoning. The petitioner believes that this
proposal will assist with what they believe is a blighting
influence that the area has today. Issues such as better storm
water control with a new system, while the improved system will
not alleviate all of the water run-off problems, it will help
correct the problem; Landscaping which will include a
sight-proof fence, and site lights with no light leakage off of
the site.
Richard Ward, professional city planner, gave a brief background
and advised that he worked with the City on the Comprehensive
Plan (Development Strategies). He reported that he would
recommend rezoning the subject area and retaining employees (at
the close of St. Joseph) is an important part of the community.
The ideal use is a medical office because there would be no
evening activities, office use, quiet, no nuisance factors and
the visual impact is minimal. If the City Council approves the
rezoning it would not set a precedent and this proposal would go
no deeper than commercial properties across Manchester Road.
The petitioner will agree to a deed restriction that the site
will always remain a medical office building.
Mitch Burdick advised that there is a clear need for medical
offices in Kirkwood. The petitioner has come to the City before
with a plan for attached townhomes/duplexes that received a
negative recommendation from the Planning and Zoning
Commission. A single-family development in this area doesn’t
work financially. The petitioner will be able to meet the
review comments from MSD and MoDOT. It is predicted that noise
pollution will be less. A tree study has been completed.
Curtis Francois, one of the owners of CDF & CNF Investments,
LLC, believes the current zoning is obsolete and that the
subject area is not residential anymore. The proposed project
is one most communities would seek as there is a need for Class
A Medical Offices in Kirkwood. He believes the rezoning is
appropriate and required.
The following individuals spoke regarding the proposal:
1.
Robert Huffman, 1241 Avery Court, concerned about excess
water run off and is opposed to the proposal.
2.
Michelle Powers, 1263 Avery, advised that the petitioner
has indicated the he will let the properties become derelict;
change in land use will destroy the natural buffers, decrease
privacy, impact on eco system. Opposed to the proposal.
3.
Sharon Barrier, 140 Cedar Crest Court, gave a description
of the traffic impact that the medical office building would
have on the area. Opposed to the proposal.
4.
Charlotte Thomas, 222 Avery Drive, concerned about
traffic impact, it is hard to get in and out of the area now;
homes on Earl were occupied until developer bought the
properties. Opposed to the proposal.
5.
Gail Carnahan, 1271 Avery Court, reported on the traffic
accident statistics she received from the Kirkwood Police
Department; all cars will have to exit onto Manchester the
majority of people from the proposed medical office will try to
exit during rush hour (4 to 6 p.m.); there have been 46
accidents between Geyer and Kirkwood Road, 19 of which took
place in the area of the proposed project; 1123 Earl has been
ordered to be repaired by the City and doesn’t need to be
demolished; the retention pond is for excess water that will be
created on-site; there are several other medical offices that
have been built in the area; the subject property is surrounded
on three sides by residential. Opposed to the proposal.
6.
Gail Labruyere, 1223 Avery Court, concerned about water
run-off and flooding of creek; negative impact on residential
property values; too many accidents already; rezoning goes
against Vision 2015. Opposed to proposal.
7.
Alan Hopefl, 12 Orchard Way, asked the City Council to
consider the summary of the Planning and Zoning Commission and
Board of Adjustment findings; concerned about increase of
traffic; negative change to the character of the neighborhood.
Opposed to the proposal.
8.
John Mullen, 316 Charlene, thanked the City Council,
Police Chief, and Administrative Staff for their service, the
petitioner has kept the properties he owns on Earl in lousy
condition with blue tarps on one vacant property. Opposed to
the proposal.
9.
Sharon Pentland, 220A Avery Drive, her property backs to
development and the proposal will negatively change the
character of the neighborhood. The petitioner has not been a
good neighbor and there have been several complaints for a long
time regarding the “white” house. Questions whether there is a
need for a medical office. Opposed to proposal.
10.
Sarah Suza, 1276 Avery Court, concerned that if this
project is approved more drivers will cut through the
neighborhood and could pose danger for children who live there.
Opposed to proposal.
11.
Courtney Rawlins, 1201 North Clay, concerned for safety
of children in the area with the impact of traffic that will be
generated by this proposal. Opposed to the proposal.
Council Member Biedenstein noted that the tree study doesn’t
show saving any trees on the site and asked about the location
of the site proof fence. Mr. Burdick responded that the
petitioner has asked what type of fence the neighbors want
installed and that they are willing to install the type of fence
the neighbors want. The site proof fence would be installed
around all areas abutting residential properties. The plan is
to install the fence as close to parking as possible so
landscaping can be installed on the outside of the fence.
Culvert-redirect flow back toward property line and exit within
20 feet of rear property line.
Motion was made by Mayor McDonnell and seconded by Council
Member Godi to continue the public hearing to June 5, 2008. The
motion was unanimously approved.
The public
hearing was continued to June 5, 2008.
Public
Hearing #2:
Mayor McDonnell recessed the meeting for the purpose of
continuing a public hearing regarding a request to vacate Earl
Avenue. This public hearing was continued from May 1, 2008.
The petitioner is CDF & CNF Investment LLC. Ms. Marcin entered
the following additional exhibits into the record:
Correspondence received from CDF & CNF Investments, LLC dated
May 7, 2008, as Exhibit 12 and correspondence received regarding
the rezoning and vacation of Earl Avenue consisting of 19 items
that will be placed in the project file, as Exhibit 13.
Mitch Burdick presented the matter to the City Council. The
request to vacate Earl Avenue is part of the overall proposal
for a medical office. Earl Avenue, which he believes is a
substandard street, would be removed.
The following individuals spoke regarding the
proposal:
1.
Sharon Pentland, 220A Avery, wants access to Earl Avenue
and wants to proceed with remodeling but won’t be able to do so
if vacation of Earl is approved. Opposed to proposal.
2.
Gail Carnahan, 1271 Avery Court, there is no reason to
vacate Earl Avenue except if the project is approved. Opposed
to proposal.
3.
Charlotte Thomas, 222 Avery, opposed to vacating Earl
Avenue.
A
motion was made by Council Member Biedenstein and seconded by
Council Member Godi to continue the public hearing to June 5,
2008. The motion was unanimously approved.
The
public hearing was continued to June 5, 2008.
Public
Hearing #3:
Mayor McDonnell recessed the meeting for the purpose of
conducting a public hearing to consider amending the Zoning Code
regarding parking requirements in the area bounded by Bodley
Avenue, Taylor Avenue, Clinton Place and Clay Avenue. Ms. Marcin
entered the following exhibits into the record: an Affidavit of
Publication that the Notice of Public Hearing was advertised in
the April 22, 2008 edition of the St. Louis Countian, as Exhibit
1; an Affidavit of Publication that the Notice of Public Hearing
was advertised in the April 18, 2008 edition of the
Webster-Kirkwood Times, as Exhibit 2; the Planning and Zoning
Commission Report dated February 7, 2008 reporting that the
Commission recommended approval of amending the zoning code, as
Exhibit 3; the Planning and Zoning Commission Subcommittee
Report dated January 28, 2008, as Exhibit 4; a memo from Mayor
Mike Swoboda dated February 1, 2008 regarding a Parking Task
Force, as Exhibit 5; and the Code of Ordinances as Exhibit 6.
Public Works Director Todd Rehg presented the matter to the
council. Mr. Rehg presented the following information:
Current:
·
Any change of use in an existing building is
exempt from additional parking requirements even if the new use
is more intense and requires more parking.
·
New buildings or additions to existing buildings
require Planning and Zoning Commission action and are subject to
the current parking regulations.
Timeline:
·
A task force was established by Mayor Swoboda in
June 2006 to address parking the Special Business District.
·
On September 6, 2006 the Planning and Zoning
Commission approves the Subcommittee Report recommending
revisions to the Zoning Code regarding off-street parking.
·
In January 2008 the City Council establishes
Downtown Parking Workshop to review the subcommittee report and
makes recommendations.
·
January 28, 2008 – the subcommittee reviews the
Workshop recommendations and the full commission approves report
PZ-28-05A.
Proposed:
·
The Planning and Zoning Commission shall establish
parking and loading requirements for any zoning action in the
Special Business District.
·
In establishing the parking and loading
requirements for the sit, the Commission shall take into account
the following:
o
The increased parking demand from the proposed
use; and
o
Existing off-street parking available on the
premises; and
o
The availability of public parking on public
streets and public parking lots; and
o
“shared” or multi-destination parking; and
o
Time of the highest parking demand; and
o
Proposed times and hours of the business
operation; and
o
Other parking demand factors.
·
The change of use of any premises or the
remodeling of any existing building within the SBD shall be
exempt from additional parking requirements except for petitions
that require Planning and Zoning Commission review.
The following individuals spoke regarding the proposal:
1.
Gwyn Wahlmann, 1002 West Adams, is opposed to the
proposal and supports the current law.
2.
Dennis Hayden, 7 The Pines Court, supports the zoning
amendment
3.
David McArthur, 113 North Kirkwood Road, supports the
zoning amendment.
4.
James Durbin, 78 East Glenwood, City has done a good job
by providing parking in downtown district; main problem of
parking in downtown district is employee parking.
The public
hearing was closed. After discussion it was the consensus of
the council that this legislation be placed on the August 7,
2008 meeting agenda under New Business.
Public
Hearing #4:
Mayor McDonnell recessed the meeting for the purpose of
conducting a Public Hearing regarding a request for a Special
Use Permit for Outdoor Living at 899 South Holmes Avenue. The
petitioner is OLI, LLC. Ms. Marcin entered the following
exhibits into the record: an Affidavit of Publication that the
Notice of Public Hearing was advertised in the April 22, 2008
edition of the St. Louis Countian, as Exhibit 1; an Affidavit of
Publication that the Notice of Public Hearing was advertised in
the April 18, 2008 edition of the Webster-Kirkwood Times, as
Exhibit 2; the list of property owners receiving notification of
the public hearing as Exhibit 3; the Planning and Zoning
Commission Report dated March 6, 2008 reporting that the
Commission recommended approval of a Special Use Permit and Site
Plan, as Exhibit 4; the Planning and Zoning Commission
Subcommittee Report dated March 5, 2008, as Exhibit 5; and the
Code of Ordinances as Exhibit 6.
Michael Morrow presented the matter to the council. The
petitioner is proposing to demolish the service station building
and canopy and remove the gasoline tanks to pave the lot for
outdoor storage and parking spaces. This site is adjacent to
and will be used in conjunction with the current location at 845
South Holmes Avenue. The petitioner is concerned that there is
a condition that he must grant the City an easement. He doesn’t
believe this is fair. He also doesn’t agree with the condition
that he is required to replace the curbs with concrete and
believes he should be able to use asphalt. Mr. Rehg reported
that the easement is a standard requirement and that it is still
his property.
It was
suggested that Mr. Morrow set a time to meet with Mr. Rehg and
other staff as needed regarding his concerns.
The public
hearing was closed and this item was placed on the agenda as
Item 2 under New Business and became Bill 9891.
Public
Hearing #5:
Mayor McDonnell recessed the meeting for the purpose of
conducting a Public Hearing regarding a request to Rezone 10557
Big Bend from B-3 (Highway Business District) to R-4 (One-Family
Dwelling District). The petitioner is Qinggen Zhang. Ms.
Marcin entered the following exhibits into the record: an
Affidavit of Publication that the Notice of Public Hearing was
advertised in the April 22, 2008 edition of the St. Louis
Countian, as Exhibit 1; an Affidavit of Publication that the
Notice of Public Hearing was advertised in the April 18, 2008
edition of the Webster-Kirkwood Times, as Exhibit 2; the list of
property owners receiving notification of the public hearing as
Exhibit 3; the Planning and Zoning Commission Report dated April
3, 2008 reporting that the Commission recommended approval of
the rezoning, as Exhibit 4; the Planning and Zoning Commission
Subcommittee Report dated April 2, 2008, as Exhibit 5; and the
Code of Ordinances as Exhibit 6.
Qinggen Zhang presented the matter to the council. The site was
rezoned from R-4 to B-3 in August 2007, however, the petitioner
found it to be very expensive to meet the conditions with the
rezoning. He is requesting that the zoning be changed back to
R-4 so he can use it as a residence.
The public
hearing was closed and this item was placed on the agenda as
Item 3 under New Business and became Bill 9892.
***Mr. Hessel joined the proceedings and Ms. Marcin left the
proceedings.
PUBLIC COMMENT
1.
Susan Herweck, 434 West Rose Hill, spoke regarding
request by the owner of 800 South Geyer to allow alcohol
outside. She advised that the West Rose Hill neighborhood
submitted petitions to keep alcohol inside the establishment.
Also concerned that the owner can come to the City whenever she
wants requesting changes to the liquor license. Requested that
there be liquor license updates on the city website
2.
Douglas Brockhouse, 612 Rosewood Lane, stop signs and
street signs are not very visible at night. Requested that the
city investigate to make signs more visible.
3.
David McArthur, 113 North Kirkwood Road, believes there
should be something tagged to employees in the business district
that continually violate parking regulations. Suggested that
business owners that have employees who violate the parking
regulations be advised that their business license can be
revoked.
4.
Property owner, 437 West Rose Hill, does not want alcohol
served outdoors at 800 South Geyer.
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 May 1, 2008 Council Meeting Minutes
b) Resolution 33-2008, designating Council Member
Timothy Griffin to serve as Deputy Mayor until April 2010
c) Resolution 34-2008, setting for the names of Council
Members to the position of Deputy Mayor
d) Resolution 35-2008, reappointing Stephen O. Smith to
serve as Municipal Judge to June 2010
e) Resolution 36-2008, reappointing Harold L. Whitfield
to serve as Provisional Judge to June 2010
f) Resolution 37-2008, reappointing members to various
boards and commissions
g) Resolution 38-2008, appointing and reappointing
members to the Downtown Special Business District Advisory
Commission
h) Resolution 39-2008, authorizing the City to provide
insurance coverage ($623,122)
i) Resolution 40-2008, renewing contract with Corporate
Claims Management, Inc. for third party administrator to process
workers’ compensation insurance claims and directing the Mayor
to enter into a contract ($24,052
j) Resolution 41-2008, directing the Mayor to enter
into an agreement with Corporate Claims Management, Inc. for
third party administration of automobile, property, and general
liability claims ($25,500)
k) Resolution 42-2008, authorizing and directing the
Chief Administrative Officer to enter into a Memorandum of
Understanding between the City of Kirkwood and Local 2665 of the
International Association of Firefighters
l) Resolution 43-2008, directing the Mayor to enter
into a contract with Coca-Cola as the exclusive soft drink
vendor for he Aquatic Center, Ice Rink and Park Concession
Stands
m) Resolution 44-2008, accepting the bid of Meramec
Mechanical, Inc. for the HVAC coil replacement project at the
Robert G. Reim Theater ($10,760)
n) Resolution 45-2008, approving the purchase of a 2007
Dodge Durango with a flex fuel capable engine from Southtown
Dodge for the Fire Department and authorizing the Director of
Purchasing to issue a Purchase Order ($18,903)
o) Resolution 46-2008, transferring funds, accepting the
bid of Rollie Johnson, Inc. for the purchase and replacement of
two dehumidification units in the ice rink and authorizing the
Director of Purchasing to issue a Purchase Order ($27,898)
OLD 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.
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”
The
bill, having received majority approval of the council, was
adopted and became Ordinance 9765.
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.
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”
The
bill, having received majority approval of the council, was
adopted and became Ordinance 9766.
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.
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”
The
bill, having received majority approval of the council, was
adopted and became Ordinance 9767.
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.
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”
The
bill, having received majority approval of the council, was
adopted and became Ordinance 9768.
NEW BUSINESS
Bill
9890, appropriating $20,000 from the Sanitation Fund (fund
balance) to Account #509-2313-482.61.13 for Sanitation portion
of the postage budget 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 9891, granting a Special Use Permit to expand a
contractor’s yard approved by Ordinance 8698 and Ordinance 9176
and approving the site plan on the property known as 899 South
Holmes Avenue subject to certain conditions. Motion was made by
Council Member Biedenstein 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 9892, changing the zoning from B-3 to R-4 on
property known as 10557 Big Bend Road and directing such change
in the Zoning District Map was brought before the council.
Motion was made by Council Member Griffin and seconded by
Council Member Biedenstein 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
NONE
CHIEF ADMINISTRATIVE OFFICER REPORTS
Mr. Brown reported
that the City received a request from Pat Clark for the city to
provide sanitation services on May 24, 2008 in association with
the Meacham Park Clean Up event. This item was discussed in the
Work Session and the consensus of the council was that the
request would not be honored. If Ms. Clark believes that this
request will be made again next year, the information should be
submitted to the City Council sooner.
Mr. Brown advised that the
City received an application for temporary outdoor promotional
variance from Frontenac Bank for a groundbreaking ceremony at
301 North Kirkwood Road with a tent being placed on the site on
May 16th and taken down on May 17th.
Motion was made by Council Member Griffin and seconded by
Council Member Yuan to approve the request. The motion was
unanimously approved.
Mr. Brown reported that the
City received an application for temporary outdoor promotional
variance from Doc’s Harley Davidson for an event to support
Backstoppers that will take place on May 18th from 9
a.m. until 3 p.m. Motion was made by Council Member Godi and
seconded by Council Member Biedenstein to approve the request.
The motion was unanimously approved.
Mr. Brown advised that in
conjunction with the aforementioned request, the City received
an application from CNF Restaurant for a picnic license to
provide alcohol by the drink at the May 18th
Backstopper event on Doc’s Harley Davidson parking lot. Motion
was made by Council Member Griffin and seconded by Council
Member Godi to approve the request. The motion was unanimously
approved.
Mr. Brown advised that the
City received an application for temporary outdoor promotional
variance from Advance Carpet, 11022 Manchester Road, for a
promotion/charity event on its parking lot on May 31st
from 10 a.m. to 4 p.m. Motion was made by Council Member Yuan
and seconded by Council Member Biedenstein to approve the
request. The motion was unanimously approved.
Council Member Griffin
stepped down. Mr. Brown reported that the City received a
request from Debbie Dillender, 800 South Geyer that the liquor
license be amended to allow alcohol outside at this address.
Motion was made by Council Member Godi and seconded by Council
Member Biedenstein to approve the request. A discussion
followed. It was the consensus of the City Council that unless
there is a compelling reason or some significant, compelling
change the council will not consider any changes to the
conditions of the liquor license. The motion to approve the
request unanimously failed.
CITY ATTORNEY REPORT
Mr. Hessel advised that he
will be absent from the June 5, 2008, meeting and that Curt
Calloway 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 June 5, 2008 at 7:00
p.m. |
