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  City Council Meeting Minutes

KIRKWOOD CITY HALL
June 21, 2007
7:00 p.m.

Pursuant to notice of meeting duly given by the Mayor, the City Council convened on Thursday, June 21, 2007 at 7:00 p.m. at Kirkwood City Hall, 139 South Kirkwood Road, Kirkwood, Missouri.  Present were Council Members Godi, Griffin, Karr, McDonnell, and Mayor Swoboda.  Also in attendance were Assistant CAO Georgia Ragland and City Attorney John Hessel.  Council Members Lynch and Yuan and CAO Michael Brown were absent and excused.

PRESENTATIONS AND RECOGNITIONS

            Mayor Swoboda announced that his office received a check in the amount of $1,000 from the First Church of Christ Scientist.  Marcelle Pearson delivered the check and advised that the church is making this donation because it appreciates all of the services the City provides.  Mayor Swoboda gave the check to Assistant CAO Ragland and requested that City Clerk Montaño prepare a thank you letter for his signature.

PUBLIC HEARING

Public Hearing #1:

Mayor Swoboda recessed the meeting for the purpose of conducting a public hearing regarding allocation of $46,800 in Community Development Block Grant funds which will become available after January 1, 2008.  Mr. Hessel entered the following exhibits into the record:  An Affidavit of Publication in the St. Louis Countian on May 22, 2007 as Exhibit 1, the Notice of Publication in the Webster-Kirkwood Times as Exhibit 2, a memo from Georgia Ragland regarding the Community Development Block Grant Funds dated June 13, 2007, as Exhibit 3 and the Kirkwood Code of Ordinances as Exhibit 4.

Ms. Ragland reported that CDBG funds come from the U.S. Department of Housing and Urban Development to St. Louis County.  As a participating municipality in the County’s CDBG program the City is entitled to utilize $46,800 for eligible activities in 2008.  The application for using these funds is due to St. Louis County on or before July 6, 2007 so the County can coordinate their application to HUD on behalf of all of the participating entities within the County.  A public hearing is required and notice has been published in the St. Louis Countian and Webster-Kirkwood Times.  Staff recommends that $42,800 of the funds be allocated to the Home Improvement Program that is administered through St. Louis County.  The program is open to any Kirkwood resident that is in a low to modest income category as defined by HUD.  Another $4,000 would be allocated to fund participation of Meacham Park youth in the Kirkwood-Webster Boys and Girls Club baseball and softball leagues.  This is in cooperation with HOPE Unlimited a 501c(3) corporation that serves as facilitator, patron and promoter of the Club.  The City entered into an agreement with HOPE Unlimited on January 20, 2006 which extends annually with the agreement of both parties.

Council Member Karr asked if some of the CDBG funds could be used for annual trash removal in Meacham Park if there are funds left over. Ms. Ragland explained that Resolution 38-2007 details the projects for which the funding will be used.

This item is on the Consent Agenda as Resolution 38-2007.

Public Hearing #2:

 Mayor Swoboda recessed the meeting for the purpose of conducting a public hearing regarding a request for a Special Use Permit for a Contractor’s Yard at 404 East Elliott.  The petitioner is Daniel Head, DBA Tri-Ninas, LLC.  Mr. Hessel entered the following exhibits into the record:  An Affidavit of Publication in the St. Louis Countian on June 5, 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 May 17, 2007, where the Commission recommended approval of a special use permit and site plan for Kirkwood Masonry at 404 East Elliott Avenue as Exhibit 4, the Planning and Zoning Commission Subcommittee Report dated May 16, 2007, as Exhibit 5, and the Kirkwood Code of Ordinances as Exhibit 6.

The petitioner was not present and the Public Hearing was continued to the July 5, 2007 meeting.  It was requested that City Clerk Montaño contact the petitioner advising that the public hearing was continued because of his absence.

The Public Hearing was continued to July 5, 2007.

Public Hearing #3:

Mayor Swoboda recessed the meeting for the purpose of conducting a public hearing regarding a request for a Special Use Permit Amendment for an addition to the buildings for the domiciliary home for eating disorders at 845 and 851 North Kirkwood Road.  The petitioner is Mark McCallum of McCallum Properties.  Mr. Hessel entered the following exhibits into the record:  An Affidavit of Publication in the St. Louis Countian on June 5, 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 May 17, 2007, where the Commission recommended approval of a special use permit amendment and site plan for McCallum Place, at 845 and 851 North Kirkwood Road as Exhibit 4, the Planning and Zoning Commission Subcommittee Report dated May 16, 2007, as Exhibit 5, and the Kirkwood Code of Ordinances as Exhibit 6.

            John King, attorney, presented the matter to the council.  The existing domiciliary home that provides housing and counseling for up to eight women with eating disorders, operated under a Special Use Permit that was granted in 2005.  The petitioner is proposing renovations and additions to the existing buildings for an additional four patients, which will also increase staff from six to eight employees on the maximum shift.  The domiciliary home has been in operation at this location for about two years and there have been no complaints.  If McCallum Place stops operating at this location the property is still single family and any other uses would have to be approved the by City Council.  The buildings will still appear residential.  This will likely be the final addition as there is room for any more growth.

There being no objection from the council, this item was placed on the agenda as item 1. under New Business and became Bill 9800.

PUBLIC COMMENTS

1.         Ron Hodges, regarding TIF funds, loitering at Alsobrook and Orleans and Beyond Housing home and some areas at Stonegate need to be held responsible for maintaining properties.

2.         Sally Geller, 427 West Rose Hill, still concerned with the outdoor activities at The Lobby, 800 South Geyer.  The operator is not staying within the established hours in the approved ordinance and Ms. Geller would like to see the Special Use Permit ordinance amended.

3.         Jamie Meier, 1956 North Signal Hills, supports the Charmwood and Lemp neighborhoods; believes that the city needs data on traffic patterns in the area of Forest and Big Bend.  If data supports the need significant permanent solutions are needed such as a traffic signal.

4.         Teresa Rogers, 1309 Forest, favors opening Charmwood

5.         Ron Ryan, 1286 Oakshire Lane, favors one-way exit on Charmwood, believes people should be given until 7:10 p.m. or 7:15 p.m. to submit speaker cards and thanked Bill Ruppert for his efforts regarding American in Bloom.

6.         John Burns, 1881 Charmwood, need traffic study before opening Charmwood.

7.         Michael Kausch, 1209 Wilton Lane, sent an email to Ken Yost on April 14th and wasn’t happy with the response regarding opening Charmwood.  He supports opening Charmwood.

8.         Bill Ruppert, 1328 Forest Avenue, thanked Ken Yost for his report on citizen concerns relating to the opening of Charmwood.  Supports a long-term solution for traffic at Forest and Big Bend.

9.         Patricia Kausch, 1209 Wilton Lane, has concerns with access to streets south of Big Bend and access for emergency vehicles.  Supports opening Charmwood to traffic.

10.       Pete Nardie, 1262 Charmwood, the Charmwood easement was never meant to be a roadway.  Charmwood has only been opened twice in the past for emergency purposes.  Does not support opening Charmwood.

11.       Jim Herbst, 1370 Forest, sympathizes with those on Charmwood; supports a traffic study at Forest and Big Bend, supports opening Charmwood during the duration of Dougherty Ferry closure.

12.       Barbara Fowler, 1294 Charmwood, does not support the opening of Charmwood because of safety concerns.

13.       Gene Bentrup, 1263 Charmwood, does not support the opening of Charmwood.

14.       Betsy Howard, 1321 Charmwood, does not support the opening of Charmwood because of safety concerns.

15.       Stephanie Burns, 1881 Charmwood, opposed to opening Charmwood and believes the City should work with St. Louis County for a permanent solution at Forest and Big Bend.

16.       Vicki Moran, 811 Marco Drive, supports opening Charmwood with one way out during two specific times during the day.

17.       Virginia Luetje, 1884 Charmwood, does not support opening Charmwood because of safety concerns.

18.       Barbara Herbst, 1370 Forest Avenue, supports opening Charmwood (one way access)

19.       James Willman, 1301 Charmwood, does not support opening Charmwood.  Need traffic study and light at Forest and Big Bend.

20.       Robert Mosby, 1871 Charmwood, does not support opening Charmwood.

21.       Linda Fenton, 1861 North Signal Hills, need long term solution, light at Forest and Big Bend and left turn lane at Couch, does not support opening Charmwood.

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 7, 2007, City Council Meeting Minutes

b)         Resolution 38-2007, authorizing the City to apply for Community Development Block Grant Funds in the amount of $46,800 for the fiscal year 2008.

OLD 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. 

            Roll Call Vote as Follows:

            Council Member Godi                          “Yes”

            Council Member Griffin                                    “Yes”

            Council Member Karr                                      “Yes”

            Council Member Lynch                                    Absent

            Council Member McDonnell                             “Yes”

            Mayor Swoboda                                              “Yes”

            Council Member Yuan                          Absent

The bill, having received majority approval of the council, was adopted and became Ordinance 9679.

            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. 

            Roll Call Vote as Follows:

            Council Member Godi                          “Yes”

            Council Member Griffin                                    “Yes”

            Council Member Karr                                      “Yes”

            Council Member Lynch                                    Absent

            Council Member McDonnell                             “Yes”

            Mayor Swoboda                                              “Yes”

            Council Member Yuan                          Absent

The bill, having received majority approval of the council, was adopted and became Ordinance 9680.

NEW BUSINESS

            Bill 9800, granting a Special Use Permit amendment to McCallum Properties to construct additions and renovate the existing buildings at 845 and 851 North Kirkwood Road to provide housing and counseling for individuals with eating disorders subject to certain conditions was brought before the council.  Motion was made by Council Member Griffin and seconded by Council Member McDonnell 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

Mayor Swoboda thanked staff for sending a letter to Ms. Arnold regarding her concerns about her fence and the water main improvements taking place on Ruth.

Mayor Swoboda advised that Rail Magazine has an outstanding article about Kirkwood Train Station that was written by Public Information Officer Claire Budd.

CHIEF ADMINISTRATIVE OFFICER REPORTS

            Ms. Ragland read the following report of the Planning and Zoning Commission dated June 21, 2007:

1.         Recommended approval of amending the Zoning Code, granting a Special Use Permit, and approval of a site plan for Ashfield Active Living and Wellness Communities for a facility at 505, 525 and 533 Couch Avenue.  The City Clerk advises that the first available date for public hearings is July 19, 2007.

2.         Approved a site plan for an office building at 140 and 144 prospect Avenue.  The petitioners are Dan Head and John Pennington.

3.         Approved a site plan for an office/retail building at 214 and 218 North Clay Avenue.  The petitioner is Michael Gibbons.

4.         Recommended approval of rezoning 10557 Big Bend Boulevard from R4 to B3 and site plan approval of a parking lot.  The City Clerk advises that the first available date for a public hearing is July 19, 2007.

5.         Approved a site plan for an office building at 1045 North Harrison Avenue.  The petitioner is David Schaub.

            Ms. Ragland reported that the City has received the certified June 5, 2007 election results for Proposition C as follows:

            Yes      2,280

            No       1,583

            Ms. Ragland advised that the City received an application for Temporary Outdoor Promotional Variance from Matt Lemery of the Alpine Shop at 440 North Kirkwood Road for a kayak and bike sale at the front of their parking lot with two small tents from August 31, 2007 to September 3, 2007 during regular business hours.  Motion was made by Council Member Griffin and seconded by Council Member Godi to approve the request.  The motion was unanimously approved.

            Ms. Ragland reported that the Kirkwood Athletic Association has submitted a liquor license renewal application for 2377 Marshall Road, the manager is Elven Amundson and the Police Department has confirmed that they have met the licensing requirements.  Motion was made by Council Member Griffin and seconded by Council Member McDonnell to approve the license.  The motion was unanimously approved.

            Ms. Ragland reported that the Kirkwood Lions Club has submitted a Picnic Liquor License, Delmar Fisher, to sell beer at Kirkwood Park for the 4th of July Freedom Festival.  Motion was made by Council Member Godi and seconded by Council Member McDonnell to approve the 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.  The next regular council meeting was scheduled for July 5, 2007 at 7:00 p.m.