City
Council Meeting Minutes
KIRKWOOD CITY HALL
September 6, 2007
7:00 p.m.
Pursuant to notice of meeting duly given by the Mayor, the City
Council convened on Thursday, September 6, 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
Mayor Swoboda read and
presented a Proclamation designating September 17 through 23,
2007, as Constitution Week to Edith Goode.
Linda Fenton along with Ron Coleman from the Open
Space Council, presented information about the recent event of
cleaning debris from the Meramec River. The project of cleaning
the river started in 1967. Brochures were distributed regarding
Operation Clean Stream and about 3,000 volunteers assisted in
the clean up.
Kirk Hutchison, Chair, Greentree Committee,
representatives of the Committee and Murray Pounds provided
information regarding the 47th annual Greentree
Festival that will take place from September 14th
through September 16th. The committee invited
everyone to attend the festivities.
Mayor Swoboda presented a Proclamation designating
Friday, September 7, 2007, as John Hessel Day in Kirkwood. City
Attorney Hessel was recognized for his 30 years of service to
the City.
Council Member Godi requested that a picture be
taken of the City Council and John Hessel.
REPORT ON INFILL SUBCOMMITTEE AND LANDMARKS COMMISSION
The
rules were suspended to allow an opportunity for Council Member
Griffin to report on the Infill Subcommittee and Council Member
McDonnell to report on the Landmarks Commission.
Council Member Griffin reported that the Infill Subcommittee had
its first meeting last week. The members of the subcommittee
are Council Members Godi, Griffin and Yuan. The subcommittee
wants to hear public input regarding this issue and there will
be two public sessions allowing an opportunity for public
comment. The sessions will take place at 7 p.m. in the Council
Chamber on September 13th and 9:30 a.m. on October 6th.
Citizens are encouraged to ask questions and make comments. At
the end of the process the information will be collated and both
infill and preservation will be addressed. Council Member
Griffin advised that the subcommittee will meet on Monday at
4:30, however, no action will be taken at that meeting.
Council Member McDonnell presented information regarding the
Landmarks Commission and its responsibilities. There are many
landmark homes in Kirkwood and two districts. He explained that
there is a difference in National Districts and Local
Districts. The City has been advised that the property owners
in the area of East Argonne will petition for a local
designation. Mr. Hessel, Council Member McDonnell, Mayor
Swoboda, Pat Jones and Alan Lamberg have reviewed the procedures
in this regard.
PUBLIC HEARING
NONE
PUBLIC COMMENT
The following individuals spoke before the Council:
1.
David Forest, 1224 Dubois Court, lives near the proposed
development on the St. Joseph Hospital site and favors the
proposed plan.
2.
Lillian Klump, 446 Couch, concerned about the height of
the buildings and how close to the street it will be located.
She has a concern that when motorists park in the evening that
the headlights will shine into her home.
3.
Mary Neit, 667 Craigwoods, asked with this being zoned R3
how many other R3 zoned areas have four story buildings. She
proposed that this issue be sent back to the Planning and Zoning
Commission unless an elevation plan is submitted.
4.
Kathy Paulsen, 401 Frieda, said she is happy about the
change to dense planting and fence. She asked that the City
Council add the verbage used by Carl Lumley and commented that
this is the biggest infill project in Kirkwood.
5.
Nancy Luetzow, 1208 Dubois, wants the City Council to
table the bill to allow negotiations. She does not like the
height and wants larger setbacks.
6.
Kevin Lowder, 646 Craigwoods, concerned about the
precedent this will set if the council approves the proposal.
He requested that the City Council table the legislation.
7.
Joe Toenjes, 329 Rose Lane, spoke about infill.
8.
Tom Huber, 635 Scott, is disappointed that the City
Council voted not to pick up storm debris in the area of Clark
and Scott. He advised he won’t pay for the pick up of debris
that was pushed to the curb from the street by city crews and
asked the city to adopt a policy that would provide regulations
with regard to storm debris. Mr. Huber was advised that the
City Council voted last Thursday and the motion to pick up the
storm debris failed.
9.
Patricia Clark, 419 Alsobrook, requested that the City
provide neighborhood clean-up for the Meacham Park area and
asked that the City Council reconsider using money received from
a deceased individual that participated in the home
rehabilitation program.
CONSENT AGENDA
Motion was made by Council Member McDonnell and seconded by
Council Member Karr to approve the Consent Agenda. Council
Member stepped down from items d) and i). The motion to approve
the Consent Agenda was unanimously approved as follows:
a) Approval of the August 16, 2007, City Council Meeting
Minutes
b) Resolution 54-2007, accepting the bid of Feld
Chevrolet for two dump trucks for the Sanitation Division
($39,212)
c) Resolution 55-2007, accepting the bid of Bobcat of
St. Louis for a compact track loader and stump grinder for the
Street Division ($37,925)
d) Resolution 56-2007, accepting the bid of Don Brown
Chevrolet for a pick-up truck for the Purchasing Department’s
warehouse division ($19,983)
e) Resolution 57-2007, accepting the bid of Pundmann
Ford for a stake bed truck for the Sanitation Division ($61,650)
f) Resolution 58-2007, transferring funds and accepting
the bid of Bobcat of St. Louis for an excavator and trailer for
the Water Department ($44,600)
g) Resolution 61-2007, accepting the bid of Pundmann
Ford for three medium duty dump trucks for the Street Division
($281,193)
h) Resolution 62-2007, accepting the bid of Key
Equipment and Supply Company in the amount of $11,410 for two
refuse dumpster inserts for new sanitation pick-up trucks
($11,410)
i) Resolution 63-2007, accepting the bid of Don Brown
Chevrolet for a pick-up truck for the Building Maintenance
Division ($23,266)
j) Resolution 64-2007, accepting the bid of Jack
Schmitt Ford for a program (used) mid-size vehicle for the
Building Commissioner’s Office ($11,037)
OLD BUSINESS
A motion was made by Council Member Griffin and
seconded by Council Member Karr to reconsider Bill 9816
regarding establishing the tax rates. The motion to reconsider
was unanimously approved. Motion was made by Council Member
Karr and seconded by Council Member Griffin to amend Section 1
by changing the tax rate for debt service from 15 cents to 12
cents.
Roll Call Vote to Amend the Bill 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 9696.
Bill 9806, amending provisions of the Municipal
Code, Appendix A – Zoning, for Continuing Care Facility 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 9698.
Motion was made by Council Member Griffin and
seconded by Council Member McDonnell to bring Substitute Bill
9807A Version 7 on the floor for consideration. The motion was
unanimously approved. Substitute Bill 9807A Version 7, 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 Swoboda and seconded by
Council Member Griffin to amend Section 1, by deleting item 8 in
its entirety and inserting the following in lieu thereof:
“Buildings with four stories must be set back at lease 80 feet
from the property line in all areas and all buildings of less
than four stories shall be set back at least 40 feet from all
property lines.” The motion failed with Council Members Griffin
and Yuan and Mayor Swoboda in favor and Council Members Godi,
Karr, Lynch, McDonnell opposed.
A
motion was made by Mayor Swoboda and seconded by Council Member
Griffin to amend Section 1, item 19 by deleting “dense planting
screen and a six foot wall or sight proof fence” in the first
sentence and inserting the following in lieu thereof: “six-foot
wall or sight proof fence” and deleting “screened and” in the
fourth line. The motion passed with Council Members Godi,
Griffin, Lynch, McDonnell and Mayor Swoboda in favor and Council
Members Karr and Yuan opposed.
A motion was
made by Council Member Godi and seconded by Council Member Karr
to amend Section 1, by adding the following as item 28: “The
developer shall pay the cost of a school crossing guard at Craig
and Couch Avenues while construction is underway at the site as
indicated in the letter dated August 14, 2007, from John King,
attorney for the developer, to Jackie Wheelehand, principal of
Robinson Elementary School, a copy of which is incorporated by
reference herein and attached hereto.” The motion was
unanimously approved.
A motion was
made by Council Member Karr and seconded by Council Member
McDonnell to amend Section 1, by adding the following as item
29: “In the event that any existing fencing is removed during
the construction process, and prior to the installation of the
fencing required in Paragraph 19, then the developer shall
replace the existing fencing in a timely manner to protect the
property of adjoining property owners and the public safety of
residents.” The motion was unanimously approved.
A motion was
made by Mayor Swoboda and seconded by Council Member Yuan to
direct City Attorney Hessel to develop a recommendation and
provide direction to the City Council with regard to service
fee. The motion was unanimously approved.
A motion was
made by Council Member Karr and seconded by Council Member Godi
to continue the bill to September 20, 2007. The motion was
unanimously approved.
The bill was
continued to September 20, 2007.
Motion was made by Council Member Lynch and seconded by Council
Member McDonnell to reconsider Bill 9806. The motion was
unanimously approved. Motion was made by Council Member
McDonnell and seconded by Council Member Karr to continue the
bill to September 20, 2007. The motion was unanimously
approved.
The bill was
continued to September 20, 2007.
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.
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 9698.
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.
Roll Call Vote as Follows:
Council Member Godi “Yes”
Council Member
Griffin Absent
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 9699. Council Member Griffin
rejoined the proceedings.
NEW BUSINESS
Bill 9821, amending the Kirkwood Code of Ordinances,
Chapter 5, Section 5-109 “Administrative Fees” to include
additional fees for multi-variance requests submitted to the
Board of Adjustment on one petition 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 9822, 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 the north
side of the 400 block of Woodlawn Grove Lane from Woodlawn
Avenue to a point 215 feet west was brought before the council.
Motion was made by Council Member Karr 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.
Bill 9823, appropriating $2 million from the citizen
approved property tax to 101-0000-311.10.00 “Property Tax
Revenues” was brought before the council. Motion was made by
Council Member Lynch 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.
Resolution 59-2007, approving an amended Final B4
Development Plan for construction of a pharmacy kiosk at Schnuck
Markets at 10233 Manchester Road was brought before the
council. Motion was made by Council Member Lynch and seconded
by Council Member Yuan 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”
Resolution 60-2007, approving an amended Final B5
Development Plan for construction of a Starbucks Coffee Shop at
1200 South Kirkwood Road was brought before the council. Motion
was made by Council Member McDonnell and seconded by Council
Member Griffin 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
CHIEF ADMINISTRATIVE OFFICER REPORTS
Mr. Brown read
the report of the September 5, 2007, Planning and Zoning
Commission meeting as follows:
1.
Recommending approval of the petition submitted by Robert
Trevino for a special use permit to operate a restaurant at 120
West Jefferson Avenue. A public hearing will be scheduled for
October 4, 2007.
2.
The September 19, 2007, Planning and Zoning Commission
meeting has been canceled. The meetings for the remainder of
2007 are: October 3 and 17, November 7, and December 5, 2007.
3.
A meeting schedule for the year 2008 was approved.
Mr. Brown reported that the
City received an application for a liquor license to sell
intoxicating liquor in the original package and Sunday sales for
Wal-Mart, attention Maureen Sampson. Motion was made by Council
Member Lynch and seconded by Council Member Griffin to approve
the liquor license application. The motion was approved with
Council Members Griffin, Lynch, Yuan and Mayor Swoboda in favor
and Council Members Godi, Karr and McDonnell opposed.
Mr. Brown advised that an
Application for Temporary Outdoor Promotional Variance was
received from Alpine Shop at 440 North Kirkwood Road for its
annual tent sale that will take place on the parking lot. The
event will take place from October 16 through October 23, 2007.
Motion was made by Council Member Godi and seconded by Council
Member Karr to approve the request. The motion was unanimously
approved.
Mr. Brown reported that a
request was received from Sarah Coletti for a TGI Friday’s At
Your Place Mobile Tour at Shop N Save on Manchester Road. The
event will take place on September 18, 2007 from 2 to 8 p.m. and
no alcoholic will be provided. Motion was made by Council
Member McDonnell and seconded by Council Member Griffin to
approve the request. The motion was unanimously approved.
CITY ATTORNEY REPORT
Mr. Hessel thanked the City
for recognizing him for his 30 years of service.
ADJOURNMENT
There being no further business to
come before the Council, the meeting was adjourned. The next
regular council meeting was scheduled for September 20, 2007 at
7:00 p.m.
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