KIRKWOOD CITY HALL
October 4, 2007
7:00 p.m.

Pursuant to notice of meeting duly given by the Mayor, the City Council convened on Thursday, October 4, 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 Assistant CAO Georgia Ragland and City Attorney John Hessel.

PRESENTATIONS

Mayor Swoboda read and presented a proclamation designating the month of October 2007 as Crime Prevention Month to Officer Dave DeGonia.

            Mayor Swoboda read and presented a proclamation designating the week of October 7 through 13, 2007, as Public Power Week to Electric Director Mark Petty.  Mr. Petty reminded everyone that Kirkwood Electric is different since Kirkwood citizens own the utility.  About $16M has been contributed to the City’s General Fund since 1998.  T-shirts were distributed to the Mayor and City Council and flower bulbs were given to everyone in attendance as part of the Public Power Week recognition.

RECOGNITION

            Bill Ruppert and Judith Brauer were recognized for their efforts regarding the American in Bloom competition.  Mayor Swoboda along with others from the American in Bloom committee attended the awards ceremony in Rockford, Illinois.  The first award announced went to the City of Kirkwood for Community Involvement where it received 118 points out of a possible 125.  Mr. Ruppert dedicated the award to Skip Barthelmass a dedicated Kirkwood volunteer who died a few months ago.

PUBLIC HEARING

Public Hearing #1:

Mayor Swoboda recessed the meeting for the purpose of conducting a public hearing regarding a request for a Special Use Permit to operate a restaurant at 120 and 122 West Jefferson.  The petitioner is Robert Trevino. Mr. Hessel entered the following exhibits into the record: An Affidavit of Publication in the St. Louis Countian on September 25, 2007, as Exhibit 1, the Notice of Publication in the Webster-Kirkwood Times as Exhibit 2, a list of property owners who received notice of the public hearing as Exhibit 3, the Report of the Planning and Zoning Commission meeting of September 5, 2007, as Exhibit 4, the Planning and Zoning Commission Subcommittee Report dated September 5, 2007, with two drawings attached, as Exhibit 5, and the Code of Ordinances as Exhibit 6.

Robert Trevino presented the matter to the Council.  He proposes to develop a restaurant in two existing tenant spaces of a commercial building.  The space is about 2,542 square feet and he will offer dine-in and carry-out services.  The petitioner stated that this will be the first authentic Mexican restaurant in Kirkwood.  Some of the issues raised by council are as follows:

·        How many occupants will the space hold?  (100)

·        Will the petitioner offer valet service?  (Not at this time, but will be happy to join in with other restaurants in the area to provide this service)

·        Are there 16 parking spaces in the back of the building for the petitioner’s use? (The petitioner assured that employees will be directed to park in these designated spaces.)

·        The used oil will be picked up once a week.

There being no objection from the council the bill was added to the agenda under New Business as Bill 9831.

Public Hearing #2:

Mayor Swoboda recessed the meeting for the purpose of conducting a public hearing regarding a request to rezone 10545 Big Bend from R-5 to B-1.  The petitioner is Padaman, LLC. Mr. Hessel entered the following exhibits into the record: An Affidavit of Publication in the St. Louis Countian on September 25, 2007, as Exhibit 1, the Notice of Publication in the Webster-Kirkwood Times as Exhibit 2, a list of property owners who received notice of the public hearing as Exhibit 3, the Report of the Planning and Zoning Commission’s August 15, 2007, meeting as Exhibit 4, the Planning and Zoning Subcommittee Report dated August 15, 2007, as Exhibit 5, and the Code of Ordinances as Exhibit 6.

Dan Ryan presented the matter to the Council.  The petitioner is proposing to rezone 10545 Big Bend from R-5 to B-1 and construct a 16-space parking lot as an accessory use to the existing law office building on the property at 10525 Big Bend, which is currently zoned B-1.  It was requested that staff determine if larger plans and a landscape plan is available.  City Clerk Montaño explained that she believes a landscape plan is in the file and will be distributed with the resolution approving the site plan.

            There being no objection from the council the bill was added to the agenda under New Business as Bill 9832.

PUBLIC COMMENT

            The following individuals spoke before the Council:

1.   Kellee Sikes, 606 Rosewood Lane, supports the transfer of water plant land to the Park Board for a dog park.

2.   Bill Ortmann, 213 Westview, has property that is close to Highway 270 and the noise from the highway and Dougherty Ferry has increased since lanes have been added. Supports the installation of soundwalls in the area.

3.   Amy Wagenknecht, 60 Thorncliff Lane, requested that the City Council approve a sound study in her area and supports the installation of soundwalls in the area.

4.   Mark Bender, 2149 Westview, requested that the City proceed with a sound study and installation of soundwalls.

5.   Dale Kardasz, 2120 Westview, when going through the reassessment process he argued his property value down by 12% because of the highway noise.  Supports a sound study and the installation of soundwalls.

CONSENT AGENDA

Motion was made by Council Member Lynch and seconded by Council Member Yuan to approve the Consent Agenda. Council Member Karr asked that a typographical error be corrected on page 3 of the minutes, third paragraph, as it reflects Council Member Lynch seconding his own motion.  City Clerk Montaño advised that she still has the vote sheets and will make the correction. Council Member Griffin stepped down from item b.) Resolution 71-2007.  It was requested that item e.) Resolution 74-2007 be placed on the regular agenda.  The motion to approve the amended Consent Agenda was unanimously approved as follows:  

a)         Approval of the September 20, 2007, City Council Meeting Minutes

b)         Resolution 71-2007, accepting the bid of Gansner Excavating and Grading, LLC for water main on Brookhaven Court ($83,000)

c)         Resolution 72-2007, transferring funds in the amount of $2,092 and accepting the bid of Dave Sinclair Ford for a crew cab pick-up truck for the Water Department ($32,192)

d)         Resolution 73-2007, authorizing the Mayor to enter into a contract with Sova, LLC to link Kirkwood Electric customer data to GIS maps ($35,200)

e)         Resolution 74-2007, accepting the bid of The Harlan Company for the construction services for Kirkwood Park Central Ridge Implementation-Phase 2 ($479,300)

OLD 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. 

            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 9705.

            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. 

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 9706.

            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. 

            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 9707.

NEW BUSINESS

            Bill 9827, amending Chapter 6, Article II., “Downtown Special Business District,” Section 6-41 “Use of Symbol” to depict the new graphic images of the new logo and typestyle 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 9828, approving a Settlement Agreement with Verizon Wireless was brought before the council.  Motion was made by Council Member McDonnell 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 9829, appropriating funds in the amount of $40,000 from the Parks and Recreation Sales Tax Fund Balance to Account 302-2001-600.75.04, Project #PR0808, accepting the bid of Cunningham & Associates in the amount of $104,333.75 for playground equipment and authorizing and directing the Director of Purchasing to issue a Purchase Order 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.  Gerry Biedenstein, President of the Park Board and Murray Pounds, Director of Parks and Recreation, presented information pertaining to the Central Ridge Phase 2 project.  The motion was unanimously approved.

The bill received first reading approval and was held over.

            Bill 9830, appropriating state traffic grant funds received in the amount of $12,800 to a revenue account and the to a Police Department expenditure account was brought before the council.  Motion was made by Council Member Karr 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.

            Resolution 75-2007, granting an easement to Metropolitan St. Louis Sewer District at 345 South Fillmore for public maintenance of the final construction of the Fillmore culvert at Sante as described on Exhibit “A” attached hereto and authorizing the Mayor to execute said easement was brought before the council.  Motion was made by Council Member Karr and seconded by Council Member Lynch 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”

            Bill 9831, granting a Special Use Permit for a restaurant at 120 and 122 West Jefferson Avenue subject to certain conditions 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 9832, changing the zoning from R-5 to B-1 on property known as 10545 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.

CONSENT AGENDA ITEMS FOR DISCUSSION

            Resolution 75-2007, accepting the bid of The Harlan Company n the amount of $479,300 for the construction services for Kirkwood Park Central Ridge Implementation Phase 1 and authorizing and directing the Mayor to enter into a contract was brought before the council.  Motion was made by Council Member Griffin 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”

CITY COUNCIL REPORTS

            Council Member Griffin announced that the Infill Housing Subcommittee meeting will take place on Saturday at 9:30 a.m. in the Council Chambers.  

            Council Member McDonnell that a Landmarks Public Hearing will take place on October 10, 2007, about the Jefferson/Argonne district.  Mr. McDonnell also advised that he recently had an opportunity to attend an event at the new Scout Pavilion at the park and it is fabulous.

CHIEF ADMINISTRATIVE OFFICER REPORTS

            Ms. Ragland read of the following report of the Planning and Zoning Commission regarding its October 3, 2007 meeting:

1.         Recommended approval of the petition submitted by Martin and Bayley, Inc. for a Special Use Permit and site plan to construct a Huck’s convenience/gas store at 10170 Manchester Road and 1054 Dickson Avenue.  The petitioner needs to go before the Board of Adjustment.  The public hearing was scheduled for November 15, 2007.

2.         Recommended approval of an amendment to the Zoning Code clarifying the interpretation that accessory structures shall be located behind the front line of the primary structure.  The public hearing was scheduled for November 1, 2007.

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 October 11, 2007,at 7:00 p.m.