KIRKWOOD CITY HALL

June 19, 2008

7:00 p.m.

Pursuant to notice of meeting duly given by the Mayor, the City Council convened on Thursday, June 19, 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 CAO Michael Brown and City Attorney John Hessel.

PUBLIC HEARINGS

Mayor McDonnell recessed the meeting for the purpose of conducting a public hearing regarding the request to rezone 10551 Big Bend Boulevard from R-4 to B03.  The petitioner is Richard Smith.  Mr. Hessel entered the following exhibits into the record: An Affidavit of Publication in the St. Louis Countian on June 3, 2008 as Exhibit 1, an Affidavit of Publication in the Webster-Kirkwood Times on June 6, 2008 as Exhibit 2, an overview map showing the subject property and the properties that were given notice of the public hearing as Exhibit 3, the list of property owners who were sent notice of the public hearing as Exhibit 4, the report of the Planning and Zoning Commission dated May 22, 2008 where the Commission approved the request to rezone 10551 Big Bend Boulevard from R-4 to B-3 and site plan approval of a parking lot as Exhibit 5, the report of the Planning and Zoning Subcommittee dated May 21, 2008 as Exhibit 6, the letter from St. Louis County Highways and Traffic dated February 25, 2008 as Exhibit 7, and the City of Kirkwood Code of Ordinances as Exhibit 8. 

Richard Smith, President, Kirkwood Building Group, presented the matter to the council.  He believes this is a good opportunity for his company to get the site rezoned so that he can occupy the space for his business.  He is proposing to have a parking lot with five parking spaces and he doesn’t anticipate a large volume of traffic.  The St. Louis County Highways and Traffic Department has approved a “right in/right out” for ingress and egress.  A median will be installed to force right in and right out of the site.

There being no objection from the council, this item was placed on the agenda as item 6 under New Business and became Bill 9902.

PUBLIC COMMENT

            The following individuals spoke before the Council:

1)         Laura Lasater, spoke about her concerns with the new Lou Fusz sign and believes that signs need to be similar to pre-existing sites on commercial sites.  She believes there are several sign violations and requested that someone get back with her and advise if there are any remedies to the situation.  Mayor McDonnell requested that Mr. Brown to investigate the complaint with Tony Carvalho and advise the council of his findings.

CONSENT AGENDA

Motion was made by Council Member Godi 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 June 5, 2008 City Council Meeting Minutes

b)         Resolution 51-2008, accepting the bid of National Notification Network, LLC (3n) for a mass notification service ($31,000)

c)         Resolution 52-2008, accepting the bid of Bonus Building Care for janitorial services for City buildings ($55,800)

d)         Resolution 53-2008, accepting the bid of Automotive Technology, Inc. for the purchase and installation of a Four Post Rotary General Service Lift for the Fleet Department ($9,234)

OLD BUSINESS

            Bill 9893, vacating a ten (10) foot wide utility and sewer easement on the common property line between lots 29 and 31 in Section “E” of Osage Hills Subdivision was recorded in St. Louis County Plat Book 23, Pages 48 and 49, 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 9772.

            Bill 9894, a request for a Special Use Permit for Enterprise Rent-A-Car facility at 11124 Manchester, 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 9773.

            Bill 9895, a request for a Special Use Permit for a restaurant in the Woodbine Center at 449 South Kirkwood Road (Bar Branica). 

            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 9774.

            Bill 9896, a request for a Special Use Permit for a restaurant in the Woodbine Center at 451 South Kirkwood Road (Trattoria Branica). 

            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 9775.

            Bill 9897, a request for a Special Use Permit for a Qdoba Restaurant in the Woodbine Center at 481 South Kirkwood Road. 

            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 9776.

NEW BUSINESS

            Bill 9898, changing the zoning from R-4 to B-3 on property known as 1113, 1119, 1120, 1121, 1123, and 1125 Earl Avenue and 10939 Manchester 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 Godi to accept the bill for first reading approval.  The motion failed unanimously.

The bill failed.

            Bill 9899, vacating the public right-of-way known as Earl Avenue 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 failed unanimously.

The bill failed.

            Bill 9900, amending Chapter 2 of the Municipal Code of Ordinances by adding a new Section 2-59 for the purpose of banning signs and placards from being brought into City Hall and the Council Chambers was brought before the council.  Motion was made by Council Member Jaksetic 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.

            Bill 9901, appropriating $33,500 from the Capital Fund (fund balance) to Account 301-1102-600.75.03 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 54-2008, accepting the proposal of American Electric Power Service Corporation to provide wholesale electricity to the City and authorizing the Mayor to enter into an agreement was brought before the council.  Motion was made by Council Member Griffin and seconded by Council Member Godi to continue the Resolution to the July 3, 2008 meeting.  The motion to continue was unanimously approved.

The Resolution was continued to July 3, 2008.

            Bill 9902, changing the zoning from R-5 to B-3 on property known as 10551 Big Bend Boulevard 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 Yuan 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

            Council Member Griffin asked Mr. Brown to investigate if auto dealerships can change from an auto dealership selling new cars to selling pre-owned vehicles without receiving authority from the city like the situation that is happening at the corner of Kirkwood and Manchester Roads.

            Mayor McDonnell provided an update regarding the Landmarks Commission and Council Member Biedenstein gave an update on the Park Board and Special Business District.

            The public was reminded that there will be a Town Hall Meeting from 7:00 p.m. to 8:30 p.m. on Thursday, June 26^th.  The meeting will take place in the Council Chamber.

CHIEF ADMINISTRATIVE OFFICER REPORTS

            Mr. Brown read the following report of the Planning and Zoning Commission meeting of June 18, 2008.

            1)         Recommended denial of a rezoning from R-4 to B-3 and Site Plan Review of a parking lot at 1015 North Woodlawn Avenue and of a site plan for a new building at 10300 Manchester Road in the Greentree Shopping Center.  The petitioner is Novus Development.  If the petitioner desires to proceed, a variance is required from the Board of Adjustment.           

CITY ATTORNEY REPORT

            Mr. Hessel had nothing to report.

ADJOURNMENT

There being no further business to come before the Council, the meeting was adjourned.  The next regular council meeting was scheduled for July 3, 2008 at 8:00 a.m.