City
Council Meeting Minutes
KIRKWOOD CITY HALL
November 1, 2007
7:00 p.m.
Pursuant to notice of meeting duly given by the Mayor, the City
Council convened on Thursday, November 1, 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
State Representative Rick Stream presented information
pertaining to the Veterans Day Program at Kirkwood High School.
On November 9, 2007 Kirkwood High School will host America’s
veterans to speak in more than 50 classrooms during the day.
Fifty-two veterans from World War II, Korea, Vietnam, the
Persian Gulf and Iraq are participating this year. State
Representative Stream initiated and organized this effort when
he served on the Kirkwood School Board. Those who have family
members who are veterans or currently in the Armed Forces were
invited to display their picture at the Kirkwood Train Station.
Richard Conners with the American Legion provided information
about the dedication of the Veterans’ Walkway Marker and flag
standards on City Hall grounds and the dedication of the
Veterans’ Memorial, Battle of the Argonne Forest, at the
Kirkwood Station that will occur at 11 a.m. on November 11,
2007. At 1 p.m. there will be a dedication of the Veterans’
Plaque at the historic Quinette Cemetery Park. Mr. Conners
announced that everyone is invited to a welcome home celebration
honoring a Missouri unit that is returning from Iraq. The event
will take place at the American Legion Post.
Council Member Karr announced that the Legion Auxiliary will get
together on November 10th from 9:30 a.m. to 3:30 p.m.
for a no sew blanket project. The blankets are given to wounded
soldiers when they land in Germany.
RECOGNITION
Boy
Scouts from Troop 457-Tillman, Troop 685 and 77 where recognized
for attending the meeting as part of their citizenship in the
community badge program.
PUBLIC HEARINGS
Mayor Swoboda recessed the meeting for the purpose of conducting
a public hearing regarding an amendment to the Zoning Code
(Appendix A of the Kirkwood Code of Ordinances) clarifying the
interpretation that accessory structures shall be located behind
the front line of the primary structure. Mr. Hessel entered the
following exhibits into the record: An Affidavit of Publication
in the St. Louis Countian on October 18, 2007, as Exhibit 1, the
Notice of Publication in the Webster-Kirkwood Times as Exhibit
2, a memo from Kenneth D. Yost, Public Works Director to Tom
Waltz, Planning and Zoning Commission Chairman dated September
24, 2007 regarding the Zoning Code provisions not specifically
establishing a front yard setback for accessory structures with
relation to the primary structure as Exhibit 3 and the Code of
Ordinances as Exhibit 4. Mr. Hessel noted that the Planning and
Zoning Commission unanimously recommended approval of this
amendment.
Mr. Yost presented the matter to the council. The current
provisions do not specifically address a front yard setback for
accessory structures with relation to the primary structure.
Staff has used their judgment that accessory structures must be
behind the primary structure. If this amendment is approved it
will clarify this interpretation.
There
being no objection from the council the bill was added to the
agenda under New Business as Bill 9840.
PUBLIC COMMENT
The following individuals spoke before the Council:
1. Jason Finke, 329
Electric Street, owns a home in Meacham Park and is concerned
because the home has been broken into, loitering, drugs and
other crimes in the Meacham Park area. He and his fiancé want
curfews and action by the City Council. He is concerned with
the house across the street and is afraid if they call the
police there will be retaliation.
2. Heidi Sherman, 516
South Harrison, is a member of the Dog Park Association and
supports the water plant property being given to the Parks
Department so there can be a dog park on the property.
3. Gerry Mandel, 503
Taylor Young Drive, supports a dog park for Kirkwood and wants
to know why it is taking so long to make a decision. He
requested that the City Council not take a negative view about
the proposal of a dog park.
CONSENT AGENDA
Motion was made by Council Member Griffin and seconded by
Council Member McDonnell to approve the Consent Agenda. The
motion to approve the Consent Agenda was unanimously approved as
follows:
a)
Approval of the October 18, 2007, City Council Meeting Minutes
b) Resolution 83-2007, transferring funds ($30,000) and
accepting the bid of Altec Industries for an arbor/forestry
truck for the Electric and Parks and Recreation Departments
($97,000)
c) Resolution 84-2007, accepting the bid of Emergency
Sales & Service, Inc. for the purchase and installation of a
stationary breathing air compressor for the Fire Department
($16,136)
d) Resolution 85-2007, authorizing the Mayor to enter
into a contract with Summit Farms to rent the Farmer’s Market
for the sale of Christmas Trees
e) Resolution 86-2007, authorizing the Mayor to enter
into a contract with SH Concessions for concession stand
services to the ice rink, aquatic center and park concession
stands
OLD BUSINESS
Bill 9828, approving a Settlement Agreement with
Verizon Wireless was brought before the council. Motion was
made by Council Member Lynch and seconded by Council Member
Griffin to amend Section 1. by deleting the amount of $129,683
and inserting $301,262.76. The motion to amend 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 “Yes”
The
amended bill, having received majority approval of the council,
was adopted and became Ordinance 9712.
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.
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
amended bill, having received majority approval of the council,
was adopted and became Ordinance 9713.
Bill 9834, transferring $50,000 from Water
Department expenditure accounts to the overtime salary account
due to the number of water main breaks 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
amended bill, having received majority approval of the council,
was adopted and became Ordinance 9714.
Bill 9835, transferring funds in the amount of
$1,400 from a Parks and Recreation temporary salary account to
a contractual services account 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
amended bill, having received majority approval of the council,
was adopted and became Ordinance 9715.
NEW BUSINESS
Bill 9833, appropriating $7,854 from the General
Fund (fund balance) to Account 101-1100-418.31.10 to provide
full network access for the Kirkwood Train Station was brought
before the council. Chief Administrative Officer Brown
requested that this legislation be continued for a couple of
months to allow an opportunity to research DSL on a temporary
basis and looking at wireless in conjunction with a different
project. Motion was made by Council Member Griffin and seconded
by Council Member Godi to continue to the bill to January 17,
2008. The motion to continue was unanimously approved.
The
bill was continued to January 17, 2008.
Bill 9836, appropriating a donation in the amount of
$400 from Account 101-0000-365.30.00 to Account
101-1101-412.31.03 received from the Lions Club of Kirkwood,
Missouri to fund awards to the winners of the Human Rights
Advisory and Awareness Commission essay contest. Motion was
made by Council Member McDonnell and seconded by Council Member
Lynch to accept the bill for first reading approval. The motion
was unanimously approved.
The
bill received first reading approval and was held over.
Bill 9837, appropriating $4,950 from the Forfeiture
Funds (fund balance) to Account #205-1201-429.66.21 for a new
dog for the Police Department was brought before the council.
Motion was made by Council Member Godi and seconded by Council
Member Lynch to accept the bill for first reading approval. The
motion was unanimously approved.
The
bill received first reading approval and was held over.
Bill 9838, adopting and enacting the Electrical Code
of St. Louis County as the Electrical Code of the City of
Kirkwood for all buildings and structures except one and two
family uses 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 9839, appropriating a donation in the amount of
$850 from Account 101-0000-365-30.00 to Account
101-1101-412.31.03 received from the Lions Club of Kirkwood,
Missouri as a contribution toward the acquisition and
installation of the proposed World War I Argonne Forest Memorial
was brought before the council. Motion was made by Council
Member Karr 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
Resolution 76-2007, approving a site plan to
construct a parking lot at 10545 Big Bend Road subject to
certain conditions was brought before the council. Motion was
made by Council Member McDonnell and seconded by Council Member
Karr to accept the Resolution as read. After a brief
discussion, motion was made by Mayor Swoboda and seconded by
Council Member Lynch to amend Section 1. by adding the following
as condition 16: “The existing pedestrian sidewalk shall be
marked for motorists on both sides of the crosswalk with 12” x
18” reflective signs that state “Stop for Pedestrians in
Crosswalk.” The motion to amend 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 “Yes”
Bill 9840, amending provisions of the Municipal
Code, Appendix A-Zoning, revising the regulations regarding
accessory structures 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.
CONSENT AGENDA ITEMS FOR
DISCUSSION
NONE
CITY COUNCIL REPORTS
Council Member McDonnell encouraged everyone to vote
in favor of the Library’s proposition that will be on the ballot
on November 6, 2007.
Mayor Swoboda announced that Saturday at the Station
will take place on November 3rd and Leslie Hoffarth
will be the speaker. She will address the Highway 40
construction project.
CHIEF ADMINISTRATIVE OFFICER REPORTS
Mr. Brown
reported that the city received a request from St. Louis Bread
Company at Greentree Shopping Center to allow a celebration of
its 20th Anniversary on November 15, 2007 from 3 p.m.
to 5 p.m. There will be a tent and it is estimated that 20
parking spaces will be used for the event. Motion was made by
Council Member Godi and seconded by Council Member Lynch 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 November 15, 2007, at
7:00 p.m.
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