KIRKWOOD CITY HALL

August 2, 2007

7:00 p.m.

Pursuant to notice of meeting duly given by the Mayor, the City Council convened on Thursday, August 2, 2007 at 7:00 p.m. at Kirkwood City Hall, 139 South Kirkwood Road, Kirkwood, Missouri.  Present were Council Members Godi, Griffin, Lynch, McDonnell, Yuan and Mayor Swoboda.  Also in attendance were CAO Michael Brown and City Attorney Bev Marcin.  Council Member Karr was absent and excused.

PUBLIC HEARING

Public Hearing #1:

Mayor Swoboda recessed the meeting for the purpose of continuing a public hearing regarding a request for a Special Use Permit for a Contractor’s Yard at 404 East Elliott. The public hearing was continued from July 5, 2007.  No additional exhibits were entered into the record.

Daniel Head presented the issue to the council.  The petitioner is attempting to improve the corner of Elliott and Leffingwell and owns a modest home two doors to the north.  His plan is to use the property to store equipment that will be hidden by a six-foot board-on-board fence.

There being no objection from the council, this item was placed on the agenda under New Business as Bill 9814.

Public Hearing #2:

Mayor Swoboda recessed the meeting to continue the public hearing to rezone 10557 Big Bend Boulevard from R4 to B3 for an Acupuncture Clinic. The public hearing was continued from July 19, 2007.  No additional exhibits were entered into the record.

            Qinggen Zhang presented the issue to the council.  This will be a small acupuncture clinic and the outside of the structure will remain the same.  The single family residence to the east and the duplex to the north are zoned R5.  Doc Harley Davidson to the west is zoned B3 and the multi-family development t the south is zoned B5.

There being no objection from the council, this item was placed on the agenda under New Business as Bill 9815.

Public Hearing #3:

Mayor Swoboda recessed the meeting for the purpose of conducting a public hearing regarding fixing and establishing tax rates for the City of Kirkwood.   Ms. Marcin entered the following exhibits into the record: An Affidavit of Publication in the St. Louis Countian on July 18, 2007 as Exhibit 1, the Notice of Publication in the Webster-Kirkwood Times as Exhibit 2 and the Code of Ordinances as Exhibit 3.

John Adams, Director of Finance, presented the matter of the City and Special Business District tax rates to the council.  The property tax rates are used for the maintenance and operation of Kirkwood parks, to service the general obligation debt, to fund the Police and Fire Pension, and the operation of the Special Business District.  Kirkwood voters approved a 34-cent property tax on June 5, 2007.  The City Council promised to only as for what is needed and therefore, the tax rate has been rolled back to 27.6 cents to achieve $2 million.   

Ø      General Government. Just approved on June 5 of this year, Proposition C authorized 34 cents to go to the General Fund to restore and maintain core services, including restoring seven public safety positions; fairly compensating city employees, including our police, fire and paramedics; and shoring up street repairs. While voters authorized 34 cents, the City Council committed to levying in 2007 only what was necessary to generate the $2 million that was needed. Based on County data, the 2007 levy that is proposed for the Proposition C tax is 27.6 cents. The other tax rates will be set at or lower than their 2006 tax rates. 

Ø      Police Officers’ and Firefighters’ Pension Funds. Used to pay for the citizen-approved funding of a major benefit for the city’s commissioned police officers and firefighters.

Ø      Kirkwood Parks. Used for maintenance and operation of more than 300 acres of park land throughout the city. Voters actually approved a park tax of 20 cents; however, the City Council authorized a reduction in this tax from 20 cents to the current 13 cents when voters authorized the ½ cent park sales tax in 1998.

Ø      Debt Service. Used to pay on the principal and interest on the citizen-approved general bonded indebtedness of the city, including the improvements to the fire department that voters authorized during a November 2000 bond issue.                                       

 The following tax rates are being proposed:

            Mayor Swoboda said approving the ordinance will demonstrate to citizens that the City kept its promise and continues with the high level of ethics by reducing rates where appropriate.  Council Member Lynch mentioned that there is confusion with citizens with concerns about reassessment.  The Hancock Amendment limits the amount of increase entities can receive.

            Dan Kertz presented information pertaining to the Library tax.  The voters approved a rate of 24 cents in 1994.  The rate being proposed is 16 cents this year. 

            Donna Poe, Executive Director for the Downtown Special Business District, spoke about the tax  rate for the District.  The Special Business District Income comes from real estate property tax, occupational licenses and the Farmer’s Market.  The taxes are only paid by property owners in the downtown district.

There being no objection from the council these bills were added to the agenda as Bill 9816 (City and SBD) and Bill 9817 (Library).

PUBLIC COMMENT

            The following individuals spoke before the Council:

1.         Kathy Paulsen, 401 Frieda, read portions of a letter sent to the City Council by C. Wesley Proctor, Jr., about remediation of the former St. Joseph Hospital site.

2.         Agnes Szikla, 1125 Duley, finished reading the letter from C. Wesley Proctor, Jr. regarding the St. Joseph Hospital site.

3.         Carolyn Karelitz, 422 Couch, likes the proposal by Presbyterian Manors and urged the council to approve the legislation.

4.         Joseph Day, 654 Craigwoods, believes that a 70-foot setback from the four story building with regard to the Presbyterian Manors proposal.

CONSENT AGENDA

Motion was made by Council Member Lynch 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 July 19, 2007, City Council Meeting Minutes

b)         Resolution 46-2007, transferring funds for the addition of one journeyman line worker to the Electric Department budget ($104,488)

c)         Resolution 47-2007, transferring funds and authorizing Premier Demolition to proceed with asbestos removal at 236 East Monroe ($50,000)

d)         Resolution 48-2007, accepting the bid of Gransner Excavating and Grading, LLC for eight-inch water main at Highway 270 and Dougherty Ferry ($9,700)

e)         Resolution 49-2007, accepting the bid of ERMCO-Electrorep-Energy products for 24 37.5 KVA transformers ($20,520)

f)          Resolution 50-2007, accepting the bid of Fletcher-Reinhardt Company for 24 50 KVA transformers ($28,560)

OLD BUSINESS

            Bill 9803, amending Chapter 18½ “Pensions and Retirement,” Article I, Section 18½-2 “Definitions” (h) to remove part-time Library associates at the request of the Library Director, and crossing guards was brought before the council. 

            Roll Call Vote as Follows:

            Council Member Godi                          “Yes”

            Council Member Griffin                                    “Yes”

            Council Member Karr                                      Absent

            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 9684.

            Bill 9804, appropriating funds in the amount of $14,775 from the General Fund (fund balance) to Account #101-1701-423.31.06, accepting the bid of Premier Demolition in the amount of $14,775 for single-family demolition, site clearance and asbestos removal at 225 Avery Drive and authorizing and directing the Mayor to enter into a contract was brought before the council. 

            Roll Call Vote as Follows:

            Council Member Godi                          “Yes”

            Council Member Griffin                                    “Yes”

            Council Member Karr                                      Absent

            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 9685.

            Bill 9805, appropriating $20,000 from the Electric Fund and authorizing and directing the Mayor to enter into an agreement with Lee Walker Falk for communication assistance pertaining to the provision of communication strategy services as they relate to identifying electric utility strengths, weaknesses, understanding, an perceptions by Kirkwood residents was brought before the council. 

Roll Call Vote as Follows:

            Council Member Godi                          “Yes”

            Council Member Griffin                                    “Yes”

            Council Member Karr                                      Absent

            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 9686.

NEW BUSINESS

            Bill 9806, amending provisions of the Municipal Code, Appendix A – Zoning, for Continuing Care Retirement Facilities 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.

            A motion was made by Council Member Griffin and seconded by Council Member Yuan to bring forward the staff proposed Bill 9807.  The motion was unanimously approved.  Bill 9807, granting a Special Use Permit to Ashfield Active Living and Wellness Communities for a continuing care retirement facility at 505, 525, and 533 Couch Avenue 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 following motions were considered:

Motion was made by Mayor Swoboda and seconded by Council Member Lynch to amend Section 1, condition 5 to delete “approximately 50%” and insert in lieu thereof “a minimum of 55%.”  The motion was unanimously approved.

Motion was made by Council Member Lynch and seconded by Council Member Yuan to amend Section 1, by deleting condition 10 in its entirety and inserting the following in lieu thereof: “The height of the buildings shall not exceed the number of stories identified herein.  Furthermore, the roof of proposed buildings shall not exceed an elevation of 735 feet.  (The roof elevation of the tallest building existing on the site is 758 feet.)”  The motion was unanimously approved.

Council Member McDonnell will work with staff on condition 7 regarding percentage of brick and stone on the exterior of the buildings.

Council Member Griffin will work with Ken Yost on revising condition 25 to require that construction workers’ vehicles shall be parked on the construction site.

Council Member Lynch will work with staff regarding condition 26 regarding performance guarantees relating to trees on the site.

Council Member Lynch will speak with the Acting Fire Chief about the pavement radius at Ann and Couch.

Motion was made by Council Member Lynch and seconded by Council Member Yuan to continue the bill to August 16, 2007.  The motion was unanimously approved.

            Bill 9808, vacating a portion of a ten (10) wide utility easement along the north property line of lot A of West Essex at Clemens Court corner as recorded in St. Louis County Plat Book 355, page 24, and a five-foot wide utility easement along the south property line of Lot 1 of Essex Manor addition subdivision as recorded in St. Louis County plat book 51 page 40 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.

The bill received first reading approval and was held over.

            Bill 9809, adopting a revised City of Kirkwood Classification and Pay Plan 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.

The bill received first reading approval and was held over.

            Bill 9810, appropriating funds in the amount of $1,110,473.50 for salary adjustments for City staff was brought before the council.  Motion was made by Council Member Lynch 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 9811, appropriating funds in the amount of $4,200 from the General Fund (fund balance) to Account 101-1105-415.43.04 for a computer room compressor replacement for the MIS Department 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.

The bill received first reading approval and was held over.

            Bill 9812, appropriating funds in the amount of $8,206 from the Equitable Sharing Fund (fund balance) to Account #205-1201-429.66.21 for the replacement of night sights for pistols carried by Kirkwood Police Officers 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.

The bill received first reading approval and was held over.

            Bill 9813, appropriating $552,500 from the General Fund (fund balance) to Account 301-1401-600.75.14, Project ST0802 and extending the contract of Dura Seal to repave Geyer Road from Manchester Road to Big Bend Road was brought before the council.  Motion was made by Council Member McDonnell 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 9814, granting a Special Use Permit to Daniel Head, of Tri-Ninas, LLC, dba Kirkwood Masonry for a contractor’s yard for storage of construction materials and equipment at 404 East Elliott Avenue subject to certain conditions was brought before the council.  Motion was made by Council Member Lynch 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 9815, changing the zoning from R-4 to B-3 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 Yuan 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 9816, fixing and establishing the rate of taxation to be levied upon all real estate and certain tangible personal property in the City of Kirkwood, County of St. Louis, State of Missouri, for the year 2007, for the maintenance of the Kirkwood public parks; for the debt service fund for the retirement of City’s general bonded indebtedness; for the Police and Fire Pension Fund; and for businesses in the Special Business District 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.

The bill received first reading approval and was held over.

            Bill 9817, fixing and establishing the rate of taxation to be levied upon all real estate an certain tangible personal property in the City of Kirkwood, County of St. Louis, State of Missouri, for the year 2007, for the operation and maintenance of the Municipal Library District of Kirkwood was brought before the council.  Motion was made by Council Member Yuan 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 announced that St. Louis County met its commitment and furnished its report on the traffic study on Big Bend.  The City received this report on July 30^th and it has been distributed to the council. The last line of page two of the report reads: “By this analysis, improvements to Big Bend from I-270 to Geyer Road are not warranted, and will not be made at this time.”  Representatives from St. Louis County will be at the August 9, 2007 work session to present this information.

            Mayor Swoboda congratulated Murray Pounds and team for a wonderful brochure on services rendered by the Parks and Recreation Department.

CHIEF ADMINISTRATIVE OFFICER REPORTS

Mr. Brown reported that the City received a request from Geyer Road Baptist Church to allow youth group members to sleep in cardboard boxes on church property on the night of September 21, 2007.  The activities will take place from September 21 through September 22, 2007.  Motion was made by Council Member Godi and seconded by Council Member Griffin to approve the request.  The motion was unanimously approved.

Mr. Brown advised that the City received a liquor license application from Chipotle Restaurant to sell intoxicating liquor including Sunday Sales.  Motion was made by Council Member Lynch and seconded by Council Member McDonnell to approve the liquor license.  The motion was unanimously approved.  

CITY ATTORNEY REPORT

            Ms. Marcin 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 August 16, 2007 at 7:00 p.m.