KIRKWOOD CITY HALL
May 17, 2007
7:00 p.m.

Pursuant to notice of meeting duly given by the Mayor, the City Council convened on Thursday, June 7, 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. 

PRESENTATIONS AND RECOGNITIONS

            Steve Powell, Chair of the Citizens for the Kirkwood Community Campaign Committee, thanked those that supported Proposition C on Tuesday.  The ballot measure passed with 59% of the vote.  He thanked the City Council for having the courage to put this issue on the ballot and for the unanimous vote to place the issue before the voters.  He also thanked the citizen volunteers who participated in the campaign and the community in general who took time to understand the issues and vote.  Mayor Swoboda thanked Mr. Powell, the committee and employees that volunteered.  

PUBLIC HEARING

NONE

PUBLIC COMMENTS

1.         Linda Anderson, 820 South Geyer, regarding the Lobby continuing to violate the Special Use Permit ordinance. She and her neighbors oppose any type of outdoor liquor license for the establishment.

2.         Sue Herweck, 434 West Rose Hill, expressed concerns with the Lobby, wanting notice of when a party at this establishment is a personal party and when it is not; does not believe someone should be able to use the restaurant for personal parties; and food has been served outside after 8:00 p.m.

3.         Cynthia Arnold, 1326 Ruth, was advised by the City that her fence is in city right-of-way and needs to be moved for water main work.  The fence has been up since 1992, the fence permit was issued and she believes there should be a grandfather clause for those that already have improvements on right-of-way.

4.         Gerry Biedenstein, 1035 Claridge, with results of election on Proposition 3 believes that as soon as certified results are received money should be taken out of city reserves to hire back police officers and firefighters. 

CONSENT AGENDA

Motion was made by Council Member Lynch and seconded by Council Member Griffin to approve the Consent Agenda.  The motion to approve the Consent Agenda was unanimously approved as follows:

a)         Approval of the May 17, 2007, City Council Meeting Minutes

b)         Resolution 35-2007, authorizing and directing the Mayor to enter into a Letter of Intent with Voyager to purchase power from the Valley Park Landfill if feasibility study concludes that power can be delivered at below market rates

c)         Resolution 36-2007, accepting the bid of Option Computers for the purchase of 10 computers ($10,176)

d)         Resolution 37-2007, accepting the bid of J.M. Marschuetz, Inc. for removal and replacement of concrete street pavement and installation of water mains ($665,711.39)

OLD BUSINESS

            Bill 9793, appropriating funds received as payment for documents provided in accordance with a Sunshine Law request in the amount of $1,158.72 to Revenue Account #101-0000-380.10.00 and then to City Clerk Expenditure Account #101-1101-411.55.09 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 9674.

            Bill 9794, appropriating funds in the amount of $75,000 from the Capital Fund Balance to Account $301-1704-600.75.03 to replace the City Hall air handler and a condenser 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 9675.

            Bill 9795, appropriating funds in the amount of $699 from the Equitable Sharing Fund to Police Department Account #205-1201-429.66.21 for a CAD Zone 8 computer program 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 9676.

            Bill 9796, amending the Kirkwood Municipal Code of Ordinances, Chapter 14 “Motor Vehicles and Traffic,” by amending Section 14-393, Schedule C: No Parking Zone to add Manchester Road, north side, from Ruth Avenue to a point 215 feet east 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 9677.

            Bill 9797A, granting a Special Use Permit to Chalet Homes for a contractor’s yard with an outdoor area for construction materials and equipment at 550, 554, and 558 Leffingwell Avenue subject to certain conditions 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 9678.

NEW BUSINESS

            Bill 9798, appropriating funds in the amount of $87.00 that were received as donations on behalf of the Urban Forestry Commission Junior Treekeeper program was brought before the council.  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.

            Bill 9799, appropriating $384,660 from the General Fund (fund balance) to various police and fire expenditure accounts for four police officers and three firefighters 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.

            Resolution 34-2007, approving the an amendment to the amended final B5 development plan for Chipotle Mexican Grill at Kirkwood Crossing on property known as 1255 South Kirkwood Road was brought before the council.  Motion was made by Council Member Lynch and seconded by Council Member McDonnell to accept the resolution as read.

            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”

CONSENT AGENDA ITEMS FOR DISCUSSION

NONE

CITY COUNCIL REPORTS

            A brief discussion took place regarding concerns of neighbors in the area of the Lobby on South Geyer.  Some of the issues discussed are as follows:

·        Is there some way that residents can be advised when issues come before the council regarding the Lobby.  (Private and personal parties, liquor licensing, etc.)

·        Must assure that the City follows the law when addressing these issues and address the issues in a public forum.

·        Special Use Permit Ordinance and liquor license conditions pertaining to 800 South Geyer must be followed.

CHIEF ADMINISTRATIVE OFFICER REPORTS

            Mr. Brown reported that the city received an application for a liquor license for a one evening event at the Kirkwood Community Center.  The application is for the sale of beer on August 25, 2007 for the Parkway South Booster Club under the name of Patricia Somerfield.  This request has been approved by Parks and Recreation Director Murray Pounds.  Motion was made by Council Member Griffin and seconded by Council Member Lynch to approve the liquor license. The motion was unanimously approved.

CITY ATTORNEY REPORT

            Mr. Hessel had nothing to report.

ADJOURNMENT

There being no further business to come before the Council, the meeting was adjourned at 7:30 p.m.  The next regular council meeting was scheduled for June 21, 2007 at 7:00 p.m.