KIRKWOOD CITY HALL

November 15, 2007

7:00 p.m.

Pursuant to notice of meeting duly given by the Mayor, the City Council convened on Thursday, November 15, 2007 at 7:00 p.m. at Kirkwood City Hall, 139 South Kirkwood Road, Kirkwood, Missouri.  Present were Council Members Griffin, Karr, Lynch, McDonnell, Yuan and Mayor Swoboda.  Council Member Godi was absent and excused.  Also in attendance were CAO Michael Brown and City Attorney John Hessel.

PRESENTATIONS

None

RECOGNITION

Human Rights Advisory and Awareness Commission Chair Dave Freese presented the 2007 essay contest winner awards.  

PUBLIC HEARINGS

Mayor Swoboda recessed the meeting for the purpose of conducting a public hearing regarding the request for a special use permit for a Huck’s convenience/gas store at 10170 Manchester Road and 1054 Dickson Avenue.  The petitioner being Martin and Bayley, Inc.  Mr. Hessel entered the following exhibits into the record:  An Affidavit of Publication in the Webster Kirkwood Times on November 2, 2007, as Exhibit 1, Affidavit of Publication St. Louis Countian on October 30, 2007 as Exhibit 2, a list of addresses of property owners to where notification of the hearing had been sent as Exhibit 3, a map of the aerial view of the map identifying location as Exhibit 4, the report of the Planning & Zoning Commission as Exhibit dated October 4, 2007 as Exhibit 5, the subcommittee report of the Planning and Zoning Commission dated September 5, 2007 as Exhibit 6, and the Code of Ordinances of the City of Kirkwood as Exhibit 7.

The petitioner, Martin and Bayley, Inc. representative Larry Wurm presented the matter to the Council. 

Mr. Wurm clarified that the first home along Dickson is zoned B3. There was discussion on the height of the rear wall and tiering.  The living wall will be irrigated and will take about two to three years before it greens out and cover about 60% of the stone wall.  The fence will go on top of the living wall.  The height of the wall at its highest point is 11 feet.  The living wall will be planted with burning bushes and pin oaks.  The closest resident will see at its extreme an 11 feet high living wall with a 6 foot site proof fence on top of that wall.  Council requested that more detailed information on the tiers be added to Item 9 of the Bill.  The living wall will be staggered so that there will be two walls, two tiers.  The lower tier will be 6 feet. Mr. Wurm reported that it was the State Highway Department’s idea that they delete the western most entrance on Manchester Road.  The City Engineer recommended that they take the existing entrance on Dickson and move it south about 10/15 feet.  Council ask Mr. Wurm to work with Ken Yost to include more detail under item #9 of the Bill on the tiering.  It was also requested that the Council be provided information on plantings at Dickson and Manchester that block drivers view. 

There being no objection from the council the bill was added to the agenda under New Business as item 5, Bill 9844.

            Mayor Swoboda recessed the meeting for the purpose of conducting a public hearing regarding amending Appendix Z (Zoning) of the Kirkwood Municipal Code Regarding Infill Development and General Development in the Single-Family Residential Zoning Districts and Amending Definitions.  Mr. Hessel entered the following exhibits into the record:  An Affidavit of Publication in the Webster Kirkwood Times on November 2, 2007 as Exhibit 1, Affidavit of Publication in the St. Louis Countian on October 30, 2007 as Exhibit 2, Report of the Subcommittee setting forth the current provisions in the zoning code planning and zoning recommendations, staff options as well the committee recommendations as Exhibit 3, the Infill Housing Regulations as Exhibit 4, a Summary of the Infill Single Family Site Plan Review as Exhibit 5, and the Code of Ordinance of the City of Kirkwood as Exhibit 6. 

            Council Member Griffin presented the report of the Council Subcommittee on Infill & Residential Construction, thanking Assistant Chief Administrative Officer Georgia Ragland and Public Works Director Ken Yost for their assistance in the process.  Council Member Griffin reported that they had received input from the Building Department, Planning & Zoning, and had held public forums in hopes of bringing a reasonable recommendation in regards to size of houses, new construction and renovations.  That there is a need to restrictions but that over restricting was not in anyone’s favor. The recommendations are not set in stone; they are open to discussion and debate.  The recommendations do not include anything on preservation, that the Architectural Review Board would be doing that, hopefully in January of 2008. Council Member Yuan stated that in preparing the report they tried to be reasonable and compared Kirkwood to other cities that it was important to not make home prices drop because of over restricting. 

PUBLIC COMMENT

The following individuals spoke before the Council:

1. Gwyn Wahlmann, 1002 W. Adams, spoke on infill housing.

2.Dick Reeves, 635 Gaslite Lane, spoke on infill housing

3. Ed Golterman, 343 Longview, spoke on infill housing

4. Doris Danna, 369 Rieth Terrace, spoke on infill housing

5.Cindy Roeses, 654 Evans Avenue, spoke on infill housing

6. Matt Wever, 239 E. Adams, spoke on infill housing

7. Kevin O’Brien, 1925 Westview, spoke on infill housing

8. Jack Reis, 818 Elm Tree Lane, spoke on infill housing

9. Don Anderson, 344 West Adams, spoke on infill housing

10.Mike Mahn, 924 Simmons, spoke on infill housing

11. Matthew Harvey, 439 Longview Blvd., spoke on historic housing restriction

12. Mike Lewis, 234 W. Monroe, spoke on infill housing

13. Pat Jostrand, 75 W. Lockwood, spoke on infill housing

14. Norella Huggins, 1968 Meadowtree Lane #5, spoke on infill housing

15. Tom Riggs, 331 Way Avenue, spoke on infill housing

16. Geraldine Gehrke, 411 E. Argonne, spoke on infill housing

17. Joni Kirby, 415 E. Argonne, spoke on infill housing

18. Mike Medant, 906 W. Essex, spoke on infill housing

19.Lisa Hautly, 345 E. Argonne, spoke on infill housing

20.Pat Jones, 415 Clark, spoke on front yard attached residential garage design

21.Craig Conway, 120 Sweetbriar, spoke on infill housing

22. Scott Purvines, 440 E. Argonne, spoke on infill housing

23. Joey French, 424 N. Geyer, spoke on infill housing

24. Jim Campbell, 32 Lemp Road, spoke on accessory structure

25. John Dodson, 125 Peeke, spoke on sound wall on I-270 and sign codes

CONSENT AGENDA

Motion was made by Council Member McDonnell and seconded by Council Member Karr to approve the Consent Agenda.  Council Member Griffin stepped down on item “e”.  The motion to approve the Consent Agenda was unanimously approved as follows:

a)         Approval of the November 1, 2007, City Council Meeting Minutes

b)         Resolution 88-2007, authorizing the Mayor to enter into an agreement with Falker Consulting Group of WOW service training programs ($7,500)

c)         Resolution 89-2007, transferring funds and authorizing the Mayor to enter into a contract with Bhasin Associates to provide administration for the City’s single-family residence demolition program ($24,000)

d)         Resolution 90-2007, accepting the bid of Meramec Mechanical, Inc. for the purchase and installation of the HVAC refrigeration system at City Hall ($11,200)

e)         Resolution 91-2007, accepting the bid of TGB, Inc. for the purchase and installation of three standby emergency natural gas generators at three water towers ($21,797)

OLD BUSINESS

            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. 

            Roll Call Vote as Follows:

            Council Member Godi                          “Absent”         

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 9716.

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.

Roll Call Vote as Follows:

Council Member Godi                          “Absent”

            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 9717.

            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.

            Roll Call Vote as Follows:

            Council Member Godi                          “Absent”

            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 9718.

            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.

            Roll Call Vote as Follows:

            Council Member Godi                          “Absent”

            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 9719.

Bill 9840, amending provisions of the Municipal Code, Appendix A-Zoning, revising the regulations regarding accessory structures.

Roll Call Vote as Follows:

            Council Member Godi                          “Absent”

            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 9720.

NEW BUSINESS

            Bill 9841, vacating water and utility easements at 516 South Kirkwood Road (Magic House).  Motion was made by Council Member Lynch 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.

            Bill 9842, appropriating funds from Grant Revenues for improvements to the Kirkwood Train Station (($81,541).  Motion was made by Council Member Griffin 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 9843, deleting Chapter 2, Article VIII. Main Street Market of the Kirkwood Code of Ordinances and inserting Article VIII.  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.

Mayor Swoboda stepped down during consideration of Resolution 87-2007.  Resolution 87-2007, authorizing the Chief Administrative Officer to execute a Quit Claim Deed for the property at the rear of 150 West Argonne.   Motion was made by Council Member Lynch and seconded by Council Member Karr to accept the Resolution as read.

            Roll Call Vote as Follows:

            Council Member Godi                          “Absent”

            Council Member Griffin                                    “Yes”

            Council Member Karr                                      “Yes”

            Council Member Lynch                                    “Yes”

            Council Member McDonnell                             “Yes”

            Mayor Swoboda                                              “Absent”

            Council Member Yuan                          “Yes”

            Mayor Swoboda rejoined the meeting.

            Bill 9844, granting a special use permit to Martin & Beyley, Inc. to demolish the existing building and construct a convenience/gas store at 10170 Manchester Road and 1054 Dickson Avenue subject to certain conditions.  Motion was made by Council Member Griffin and seconded by Council Member Karr 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

            Mayor Swoboda mentioned that the Landmarks District would be the topic of discussion at the train station on December 1 at 9:30 a.m.

CHIEF ADMINISTRATIVE OFFICER REPORTS

Mr. Brown reported that at the November 7, 2007 meeting of Planning & Zoning Commission they recommended denial of a petition of submitted by CDF and CNF Holdings, LLC to rezone Earl Avenue and 10939 Manchester from R4 to B3, vacate Earl Avenue, and a site plan to construct a medical office building. It was recommended that Public Hearing not be set until action by the petitioner before the Board of Adjustment or when a new plan is submitted.

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 December 6, 2007, at 7:00 p.m.