KIRKWOOD CITY HALL

September 20, 2007

7:00 p.m.

Pursuant to notice of meeting duly given by the Mayor, the City Council convened on Thursday, September 20, 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

NONE

PUBLIC HEARING

NONE

PUBLIC COMMENT

            The following individuals spoke before the Council:

1.   Don Kern, 12010 Manhattan Place, supports the proposal for the St. Joseph Hospital site (Presbyterian Manors) and looks forward to living there.

2.   Nancy Luetzow, 1208 Dubois Court, does not oppose the project in general but objects to the setbacks being only 80 feet on the four-story buildings.  Believes there are no satisfactory concessions being made on height and mass and asked why condo owners in this development should not pay taxes.

3.   David Haring, 681 Craigwoods, not opposed to the project and volunteered his time to  discuss the plantings in the landscape plan with the City Council since he is an expert in this field.  The issue of tax exempt status should be discussed now.

4.   Elizabeth Harding, 1214 Craigvale Court, is opposed to the Presbyterian Manors proposal and requested that the council postpone consideration of Bill 9806 and Substitute Bill 9807A.

5.   Doris Danna, 369 Rieth Terrace, urged the City Council to approve the Presbyterian Manors proposals and believes the alternatives are not very promising.  She trusts the nationally recognized architect and the proposed roof will hide the mechanical equipment. 

6.   Kathy Paulsen, 401 Frieda, believes the City Council is allowing the developer to dictate building heights, setbacks, etc.  The proposed buildings are substantially taller than the medical office building currently on the site and buildings will be 30 feet closer to residences in Craigwoods.  She is also concerned that residents of this development won’t have to pay property taxes.

7.   Carolyn Karelitz, 421 Couch, was thrilled when she heard about the proposed Presbyterian Manors development and believes they will build quality units and provide quality landscaping.

CONSENT AGENDA

Motion was made by Council Member Karr 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 September 6, 2007, City Council Meeting Minutes

b)         Resolution 65-2007, amending the parking permit fees for the Downtown Business District

c)         Resolution 66-2007, accepting the bid of Whitehead Brothers Painting for exterior surface preparation and coatings application on #2 Park Water Storage Tank ($124,350)

d)         Resolution 67-2007, authorizing the Mayor to enter into a contract with Dr. Terry Jones to conduct a survey of Kirkwood Electric customers to determine satisfaction with service levels, reliability, and responsiveness ($7,100)

e)         Resolution 68-2007, accepting the bid of US Bank for banking services ($25,000)

f)          Resolution 69-2007, transferring funds from the Fire Department full-time salary account to the overtime account ($50,000)

g)         Resolution 70-2007, accepting the bid of Jack Schmitt Ford for a vehicle for the Code Enforcement Division ($12,773)

OLD BUSINESS

            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                                      “No”

            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 9700.

            Substitute Bill 9807A Version 8, 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.  Discussion followed with the following motions being made:

A motion was made by Council Member Yuan and seconded by Council Member Lynch to amend Section 1, item 1, by striking “Received March 30, 2007, City of Kirkwood Public Works” and insert the following in lieu thereof: “Received September 13, 2007, by City Clerk.”  The motion was unanimously approved.

A motion was made by Council Member Lynch and seconded by Council Member McDonnell to amend Section 1, by deleting item 8 in its entirety and inserting the following in lieu thereof: “All buildings and parking areas shall be setback a minimum of 40 feet from all property lines.  However, all buildings having a building height, as defined herein, of greater than 45 feet that abut a single-family residential property shall have a side or rear yard setback of a minimum of 80 feet or a setback equal to or greater than the sum of 40 feet for the first 45 feet of building height plus 1.40 times the remaining height of the building height in excess of 45 feet, whichever is greater.  Building height shall be determined by measuring the vertical distance from the average elevation, excluding roadway surfaces, of the proposed finish grade at the closest elevation of a building abutting a single-family residential property to the highest point of the roof for flat roofs, to the deckline of mansard roofs and to the mean height between eaves and ridge for a gable, hip and gambrel roofs.”  Discussion followed. The motion failed with Council Member Lynch in favor and Council Members Godi, Griffin, Karr, McDonnell and Yuan opposed.

A motion was made by Council Member McDonnell and seconded by Council Member Lynch to amend Section 1, by deleting item 19 in its entirety and inserting the following in lieu thereof: “A dense planting screen, including evergreen and hardwood trees and a six-foot high wall or fence, shall be provided and maintained along all of the property lines abutting the residential properties to provide a buffer.  The fence or wall placement may vary to meet site conditions and residents’ preferences.  The buffer area shall be irrigated.  The buffer area, fence and irrigation system shall be maintained at all times.  The buffer shall be designated on the landscape plan and approved by the Kirkwood City Council during its site plan review as provided for herein.”  Discussion followed.  The motion was unanimously approved.

A motion was made by Council Member Lynch and seconded by Council Member Yuan to amend Section 1 by adding a new item 30 to read as follows: “In the event the developer/owner is determined to be tax exempt, the City shall have the right to impose a user fee based upon the services provided to the site for public safety in an amount to be determined by the City.”  Discussion followed.  The motion was unanimously approved.

A motion was made by Council Member Griffin and seconded by Council Member McDonnell to amend Section 1, item 5, by changing 55% to 50% because of additional parking requirements.  Discussion followed.  The motion failed with Council Members Griffin, Godi and Mayor Swoboda in favor and Council Members Lynch, Karr, McDonnell and Yuan opposed.

A motion was made by Council Member Lynch and seconded by Council Member Griffin to amend Section 1, item 5, by changing 55% to 53%. Discussion followed. The motion failed with Council Members Griffin, Lynch and Mayor Swoboda in favor and Council Members Godi, Karr, McDonnell, and Yuan opposed.

A motion was made by Council Member Karr and seconded by Council Member Yuan to amend Section 1, item 8 by changing the minimum setback for the two four-story Independent Living Apartment Buildings from 80 feet to 95 feet from all property lines.  Discussion followed.  The motion failed with Council Members Godi and Karr in favor and Council Members Griffin, Lynch, McDonnell, Yuan and Mayor Swoboda opposed.

            Roll Call Vote as Follows:

            Council Member Godi                          “Yes”

            Council Member Griffin                                    “Yes”

            Council Member Karr                                      “No”

            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 9701.

            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. 

            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 9702.

            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. 

            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 9703.

            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. 

            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 9704.

NEW BUSINESS

            Bill 9824, appropriating funds in the amount of $3,100 from the Equitable Sharing Fund to a Police Department expenditure account to send four police officers to death investigation classes was brought before the council.  Motion was made by Council Member Lynch 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 9825, vacating a portion of a ten-foot wide utility easement along the southeast property line of Lot A of 800 South Kirkwood Road consolidated plat as recorded in St. Louis County Plat Book 354, Page 404 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.

            Bill 9826, amending Chapter 14 of the Kirkwood Code of Ordinances, Section 14-393 and Section 14-394© to remove the one-hour parking restriction in the 800 block of South Geyer and allow additional parking south of Rose Hill 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.

CONSENT AGENDA ITEMS FOR DISCUSSION

NONE

CITY COUNCIL REPORTS

            Council Member McDonnell reported that the Landmarks Commission received an application from the Jefferson/Argonne neighborhood for local landmark designation.

            Council Member Griffin announced that the first Infill Housing public forum took place a week ago and about 110-112 individuals were in attendance.  This was a good opportunity for citizens to express their concerns.  The next meeting will take place on October 6, 2007, at 9:30 a.m. in the Council Chambers at City Hall.

            Council Member McDonnell said Public Information Officer Claire Budd does a lot of work to make Greentree Festival a success and he is appreciative.

            Council Member Godi said some people are upset with the council approving the liquor license for Wal-Mart to sell packaged liquor.  They are concerned that this was approved when there has been crime reported in the area.  Council Member Karr advised that some residents want the liquor licenses that are coming to the council for approval listed on the agenda.

CHIEF ADMINISTRATIVE OFFICER REPORTS

            Mr. Brown reported that the City received a request from the Kirkwood Optimists to operate their annual Christmas Tree Lot at the old Sinclair Station at 11124 Manchester Road from November 23, 2007 through December 23, 2007.  Motion was made by Council Member Godi and seconded by Council Member McDonnell to approve the request.  The motion was unanimously approved.

CITY ATTORNEY REPORT

            Mr. Hessel provided information pertaining to the lawsuit against the City and the Board of Adjustment filed by Concordia Lutheran Church for denying their variance requests.  A fair settlement has been reached that includes a setback of 29 feet with a nice buffer along Clay Avenue.  The City Council met in closed session on September 6, 2007, and unanimously approved the settlement agreement.  The Board of Adjustment in closed session on September 10, 2007, and unanimously approved the settlement agreement.  The agreement is a public document and available in the City Clerk’s Office.

ADJOURNMENT

There being no further business to come before the Council, the meeting was adjourned.  The next regular council meeting was scheduled for October 4, 2007,at 7:00 p.m.