City
Council Meeting Minutes
KIRKWOOD CITY HALL
August 16, 2007
7:00 p.m.
Pursuant to notice of meeting duly given by the Mayor, the City
Council convened on Thursday, August 16, 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, and Mayor Swoboda. Also in attendance were
CAO Michael Brown and City Attorney John Hessel. Council Member
Yuan was absent and excused.
INTRODUCTIONS
Mayor Swoboda introduced Dr. Paul Pai who is the new president
of St. Louis Community College at Meramec. Dr. Pai will begin
work on August 1, 2007 and looks forward to working with the
Kirkwood community. His goal is to advance community college
education and advance the college’s mission.
ANNOUNCEMENT
Mayor Swoboda announced the in-fill housing issue was discussed
in the City Council Work Session this evening. A three-person
council subcommittee will continue its work that will include
input from citizens.
PUBLIC HEARING
Mayor Swoboda recessed the meeting for the purpose of conducting
a public hearing regarding amending Ordinance 8629 (Special Use
Permit for 449-451 Magnolia) by extending submittal of project’s
performance guarantee and administrative fee to October 19,
2007.fixing Mr. Hessel entered the following exhibits into the
record: An Affidavit of Publication in the St. Louis Countian on
July 31, 2007 as Exhibit 1, the Notice of Publication in the
Webster-Kirkwood Times as Exhibit 2, a viewer map showing the
subject property and properties within 300 feet of subject
property as Exhibit 3, a list of property owners who received
notice of the public hearing as Exhibit 4, a letter dated June
26, 2007 from Matt Burghoff of Mambo Development applying for an
amendment to Ordinance 8629 to extend the deadline for the
performance guarantee for the project as Exhibit 5, the
application for said amendment as Exhibit 7, and the Code of
Ordinances as Exhibit 7.
Matt Burghoff,
Mambo Development, presented the matter to the council. He is
seeking an extension for the submittal of the public improvement
funds. There was some confusion on his staff’s part as to when
the funds were due to the city. He is ready to move forward
with the project. Some concern was raised by the council that
city staff advised Mr. Burghoff by letters that April 19, 2007
was the last day to submit the funds. Mr. Burghoff stated that
he has worked with Ken Yost and Mike Brown on the issues. The
plans for the project have not changed.
The following individuals
spoke regarding the issue:
1. George Merz, 622
McKinley, still dealing with issue of the placement of the
dumpster. Ordinances require that dumpsters be 50 feet from any
residential property and the placement of the dumpster at this
site is less than 50 feet. He is also concerned with the swale
on the property. The grade was changed prior to approval and
doesn’t believe the council should approve the request for an
extension.
Mr. Burghoff reported that
the dumpster meets the current code and will be enclosed. There
is no creek on the property, but a low spot. He plans to add
storm sewers to the site.
There
being no objection from the council the bill was added to the
agenda under New Business as Bill 9820.
PUBLIC COMMENT
The following individuals spoke before the Council:
1. Joseph Day, 654
Craigwoods, requests that there be a 70 foot easement between
development and residential property.
2. Nancy Luetzow,
1208 Dubois Court, not opposed to development but is concerned
with the proposed height of the independent living facility.
Structures on the hill will be more prominent to the Craigwoods
neighborhood. What will be the height of the structures
included in future expansions and how will it affect greenspace
on the property.
3. Kevin Lowder,
646 Craigwoods, requesting a 70 foot buffer. Buildings appear
to be tall on one side which is the west side of the property.
Would like to see the independent living facility lowered by one
story and is willing to sacrifice greenspace for this change.
4. Deni O’Malley,
405 Frieda, the conceptual drawing for Ashfield includes the
nun’s home and asked if the council is willing to give
Presbyterian Manors the ability build on that site.
5. C. Wesley
Proctor, 420 Nelda, concerned about remediation of the
Presbyterian Manors property and wants assurance that it is
conducted properly.
6. Carolyn Karelitz,
422 Couch, she has been advised by Mr. King that the stone
house, northern boundary, will continued to be privately owned
and that the south side area on Ann will remain residential.
7. Kathy Paulsen,
401 Frieda, would like to see the fence along the north line
stay to reinforce the separation of the campus from residential
area.
8. Karen Novak, 404
Frieda, concerned about boundary in area of stone house. The
boundary should stay same and wants fence line to stay instead
of a landscaped buffer.
9. Matt Wever, 239
East Adams, asked the council to take appropriate steps
regarding the in-fill housing issues. Asked that the council
immediately ask the Board of Adjustment to deny variances uses
there is a true hardship and the variance is approved by the
neighbors. He requested the City Council take action on the
Planning and Zoning Commission recommendation 13-2007 to pub
controls in place.
10. Scott Purvines,
440 East Argonne, regarding the Jefferson-Argonne National
Historic District and some protection from a property within
this district being demolished.
11. Gerry Biedenstein,
1035 Claridge, asked that the city make sure the right
protections are in place and take a proactive look at in-fill
housing issues.
12. Joe Toenjes, 329
Rose Lane, thanked the City Council for working effectively at
the last City Council meeting.
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 August 2, 2007, City Council Meeting
Minutes
b) Resolution 52-2007, closing the Fire Department Bond
Fund and transferring the balance to the Capital Project Fund
($139,516)
c) Resolution 53-2007, transferring funds and
authorizing the Mayor to enter into an agreement with GDS
Associates, Inc. for energy consultant services ($300,000)
OLD 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 Lynch and seconded by Council Member McDonnell to
continue the bill to September 6, 2007. The motion was
unanimously approved.
The
bill was continued to the September 6, 2007 meeting.
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.
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 Absent
The
bill, having received majority approval of the council, was
adopted and became Ordinance 9688.
Bill 9809, adopting a revised City of Kirkwood
Classification and Pay Plan 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 Absent
The
bill, having received majority approval of the council, was
adopted and became Ordinance 9689.
Bill 9810, appropriating funds in the amount of
$1,110,473.50 for salary adjustments for City staff 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 Absent
The
bill, having received majority approval of the council, was
adopted and became Ordinance 9690.
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.
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 Absent
The
bill, having received majority approval of the council, was
adopted and became Ordinance 9691.
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.
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 Absent
The
bill, having received majority approval of the council, was
adopted and became Ordinance 9692.
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.
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 Absent
The
bill, having received majority approval of the council, was
adopted and became Ordinance 9693.
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 Mayor Swoboda and
seconded by Council Member Lynch to amend Section 1, condition 7
by deleting “Leffingwell Avenue and Elliott Avenue frontage” and
insert the following in lieu thereof “perimeter.” The motion
was unanimously approved.
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 Absent
The
amended bill, having received majority approval of the council,
was adopted and became Ordinance 9694.
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.
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 Absent
The
bill, having received majority approval of the council, was
adopted and became Ordinance 9695.
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; for the purpose of funding Fire,
Emergency Medical Services (EMS), Police and other City
government operations; and for businesses in the Special
Business District 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 Absent
The
bill, having received majority approval of the council, was
adopted and became Ordinance 9696.
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.
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 Absent
The
bill, having received majority approval of the council, was
adopted and became Ordinance 9697.
NEW BUSINESS
Motion was made by Council Member Griffin and
seconded by Council Member McDonnell to bring Substitute Bill
9807A on the floor for consideration. The motion was
unanimously approved. Substitute Bill 9807A, 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. The following motions were made:
A
motion was made by Council Member Griffin and seconded by
Council Member Godi to amend Section 1 by adding the following
after Couch Avenue: “as more specifically identified in the
legal description (a copy of which is attached hereto and
incorporated by reference herein). The motion was unanimously
approved.
*the
Received date should be changed from March 30, 2007 in Section
1, condition 1.
A
motion was made by Council Member Lynch and seconded by Council
Member McDonnell to amend Section 1, condition 7, by adding the
following in the second line after “Ordinances.” “The
Architectural Review Board shall report its findings to the City
Council.” The motion was unanimously approved.
A
motion was made by Council Member Karr and seconded by Council
Member Godi to amend Section 1, condition 9 by adding the
following as e. “Employees shall not park on Couch Avenue or
Craig Drive.” The motion failed with Council Members Godi and
Karr in favor and Council Members Griffin, Lynch, McDonnell and
Mayor Swoboda opposed.
A
motion was made by Council Member Lynch and seconded by Council
Member Griffin to amend Section 1, condition 10 by adding “MSL”
after the word “feet” (2 places) in the last line. The motion
was unanimously approved.
A
motion was made by Council Member Lynch and seconded by Council
Member Karr to amend Section 1, by adding the following as
condition 27: “No ingress to or egress from the property shall
be permitted from Ann Avenue.” The motion was unanimously
approved.
Staff will work with the City Attorney on the following issues:
·
Planting
screen or wall/fence along residential property lines.
·
Defining
parking lot lighting.
·
The
petitioner’s agent will provide legal description of the subject
property for defined boundaries.
·
Fence should
be installed where there is currently a fence
·
Since the
site will be occupied by senior citizens, there is a significant
cost to fire and police. Staff should calculate the taxes lost
if it is determined that this will be a tax exempt operation.
The
bill received first reading approval and was held over.
Bill 9818, readopting a procedure to disclose
potential conflicts of interest and substantial interests for
certain as set forth in Chapter 2, Article I, Section 2-5 of the
Kirkwood Code of Ordinances 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.
The
bill received first reading approval and was held over.
Council Member Griffin stepped down during
consideration of Bill 9819. Bill 9819, appropriating $13,000
from the General Fund (fund balance) for the City’s portion of
costs associated with services rendered by Werremeyer and
Engraphix for an exterior parking signage program 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. Council
Member Griffin rejoined the proceedings.
Resolution 51-2007, approving a site plan to
construct a parking lot at 10557 Big Bend Road subject to
certain conditions was brought before the council. Motion was
made by Council Member Godi and seconded by Council Member Karr
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 Absent
Bill 9820, amending the Special Use Permit approved
by Ordinance 9629 for a business and professional office
building at 449 and 451 Magnolia Avenue to extend the date for
submittal of the performance guarantee and administrative fee to
October, 19, 2007, was brought before the council. Motion was
made by Council Member Griffin and seconded by Council Member
Lynch to accept the bill for first reading approval. Motion was
made by Council Member McDonnell and seconded by Council Member
Griffin to amend the title of the bill by changing the date of
October 19, 2007 wherever it appears in the legislation to
September 14, 2007. The motion was unanimously approved. The
motion to approve the amended bill for first reading approval
failed with Council Members Griffin, Lynch and McDonnell in
favor and Council Members Godi, Karr and Mayor Swoboda opposed.
The
bill failed.
CONSENT AGENDA ITEMS FOR
DISCUSSION
NONE
CITY COUNCIL REPORTS
Mayor Swoboda announced that St. Louis County
Highway Department presented its report regarding the traffic
study on Big Bend at the August 9, 2007 work session. The
County’s work is complete.
Mayor Swoboda announced that there will be a ribbon
cutting on Saturday morning at 9 a.m. for 3-Chair Art on
Argonne.
Council Member Godi reported that he received calls
from residents in the 100 block of Dickson concerned that the
trees were trimmed inappropriately by the contractor hired by
the Electric Department. City Clerk Montaño advised that she
was made aware of the issue and contacted the Electric
Director. The contractor has agreed to replace the trees that
were inappropriately trimmed.
CHIEF ADMINISTRATIVE OFFICER REPORTS
Mr. Brown read
the report of the August 15, 2007, Planning and Zoning
Commission meeting as follows:
1. Recommended approval of rezoning 10545 Big Bend Road
from R4 to B1 and site plan approval of a parking lot. The
petitioner is Jane Cohen. Since a Board of Adjustment variance
is require the public hearing date will be set after the
petitioner has decision from the Board of Adjustment.
2. Recommended approval of an Amendment to the B4
Development Plan at Schnucks Market, 10233 Manchester Road, for
the construction of a pharmacy kiosk in the parking lot. A
resolution will be prepared for council consideration.
3. Recommended approval of an Amendment to the B5
Development Plan at 1200 South Kirkwood Road for the
construction of a Starbucks Coffee Shop. A resolution will be
prepared for council consideration.
Mr. Brown reported that the
City received a request from Jim Kerber to sell CD’s at the
Greentree Community Church charity concert at Station Plaza on
August 21, 2007. The Church has received permission from
Station Plaza for the event. A portion of the sales of the CD’s
will be donated to the church. A motion was made by Council
Member Godi and seconded by Council Member Karr to approve the
request. The motion was unanimously approved.
Mr. Brown advised that
Allandale and Brew Pub has requested permission to conduct a
Harvest Art Festival on Saturday, September 29, 2007 from noon
until 9:00 p.m. Beer will be served outdoors. A motion was
made by Council Member Lynch and seconded by Council Member
McDonnell to approve the request. 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 September 6, 2007 at
7:00 p.m.
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