KIRKWOOD CITY HALL

December 6, 2007

7:00 p.m.

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

None

RECOGNITION

NONE

PUBLIC HEARINGS

NONE

PUBLIC COMMENT

The following individuals spoke before the Council:

1) Mary Bendel, regarding infill legislation

2) Mike Mahnn, 924 Simmons, regarding infill legislation

3) Tom Riggs, 331 Way, regarding infill legislation

4) Norella Huggins, 1968 Meadowtree, regarding infill legislation

5) Doris Danna, 369 Rieth Terrace, regarding infill legislation

6) Ted Coyle, regarding infill legislation

7) Mike Lewis, 234 W. Monroe, regarding infill legislation

8) Charles Walbaum, 810 North Taylor, regarding infill legislation

9) Alan Hautly, 345 East Argonne, regarding infill legislation

10) Kevin O’Brien, 1925 Westview, regarding infill legislation

11) Don Anderson, 344 West Adams, regarding infill legislation

12) Alan Hopefl, 12 Orchard Way, opposed to Kirkwood Dog Park

13) Molly Makenna, 1986 Marshall Road, opposed to Kirkwood Dog Park

14) Steve Neukomm, 1986 Marshall Road, opposed to Kirkwood Dog Park

15) Heidi Sherman, 516 South Harrison, supports Kirkwood Dog Park

16) Lisa Short, 439 Burns Avenue, supports Kirkwood Dog Park

17) Mary Lamping, 117 North Van Buren, supports Kirkwood Dog Park

18) Linda Fenton, 1861 North Signal Hills, opposed to Kirkwood Dog Park

19)       Ron Hodges, 319 New York Street, wants Kirkwood to do something about Local Housing Authority houses in Meacham Park area.  Concerned with the City Council’s decision not to use funds the city received from his relative’s estate (TIF program) for free Special Pick Up services in Meacham Park.

20)       Patricia Clark, 419 Alsobrook, disappointed with City Council decision not to provide free special trash pick in Meacham Park.

CONSENT AGENDA

Motion was made by Council Member Griffin and seconded by Council Member Godi to approve the Consent Agenda.  The motion to approve the Consent Agenda was unanimously approved as follows:

a)         Approval of the November 15, 2007, City Council Meeting Minutes

b)         Resolution 92-2007, approving the purchase of group life insurance from Standard ($77,285-paid through pension boards)

OLD BUSINESS

            Bill 9841, vacating water and utility easements at 516 South Kirkwood Road (Magic House) 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 9721.

            Bill 9842, appropriating funds from Grant Revenues for improvements to the Kirkwood Train Station (($81,541) 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 9722.

            Bill 9843, deleting Chapter 2, Article VIII. “Main Street Market” of the Kirkwood Code of Ordinances and inserting Article VIII was brought before the council.  Motion was made by Council Member Karr and seconded by Council Member Griffin to bring Substitute Bill 9843 on the floor for consideration.  Substitute Bill 9843, deleting Chapter 2, Article VIII. “Main Street Market” Sections 2-581 through 2-587 of the Kirkwood Code of Ordinances and inserting a new Article VIII. In lieu thereof 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                          “Abstain”

The substitute bill, having received majority approval of the council, was adopted and became Ordinance 9723.

            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 was brought before the council.  Motion was made by Council Member Karr and seconded by Council Member Godi to amend Section 1, (9) by adding the following after “tiers” at the beginning of the third line: “with the lower tier not to exceed six feet”.  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 9724.

NEW BUSINESS

            Bill 9845, amending provisions of the City of Kirkwood Municipal Code, Appendix A – Zoning, regarding infill development and general development in the single-family residential zoning districts and amending definitions was brought before the council.  Motion was made by Council Member Griffin and seconded by Council Member Yuan to accept the bill for first reading approval.

Motion was made by Council Member Griffin and seconded by Council Member McDonnell to amend Section 1 by inserting the following paragraph in lieu of the last paragraph:

            (f)         Lot Coverage.  The lot coverage, including accessory buildings, shall not exceed:

                        (1)        For lots 7,500 square feet or less in area, 30% or 1,750 square feet, whichever is greater; or

                        (2)        For lots greater than 7,500 square feet in area, 25% or 2,250 square feet, whichever is greater; or

                        (3)        Exception for single-family residences of 1½ stories or less:

                                    (a)        For lots 7,500 square feet or less in area, 35%; or

                                    (b)        For lots greater than 7,500 square feet in area, 30% or 2,625 square feet, whichever is greater.

The motion was unanimously approved.

Motion was made by Council Member Griffin and seconded by Council Member McDonnell to amend Section 2 by inserting the following paragraph in lieu of the last paragraph:

            (g)        Floor Area Ratio.  The Floor Area Ratio for a single-family detached residence shall not exceed:

(1)        For lots 10,000 square feet or less in area, 0.35 or 2,250 square feet, whichever is greater; or

(2)        For lots greater than 10,000 but less than 20,000 square feet in area, 0.30 or 3,500 square feet, whichever is greater; or

(3)        For lots 20,000 square feet or greater, 0.25 or 6,000 square feet, whichever is greater.

The motion was approved with Council Members Griffin, McDonnell, Yuan and Mayor Swoboda in favor, Council Members Godi and Karr opposed and Council Member Lynch abstained.

Motion was made by Council Member Griffin and seconded by Council Member McDonnell to amend Section 5 by inserting the following paragraph in lieu of the last paragraph:

d.           Terraces, uncovered porches, decks, ornamental features, flues, bay windows, cantilevers, stairs to second story or above, mechanical equipment (including air conditioners and emergency generators) and emergency generators shall meet the side yard setback requirements of the single family residential zoning district, except fireplaces and chimneys may project up to 24 inches into the side yard.   Roof overhangs are permitted but shall not exceed 36 inches.  Air conditioning unit pads shall be installed against the foundation wall or if not against the foundation wall, as close as possible to the foundation wall as approved by the City. This subsection shall not prevent replacement or repair of existing legal non-conforming encroachments.

The motion was approved with Council Members Godi, Griffin, McDonnell, Yuan and Mayor Swoboda in favor, Council Member Karr opposed and Council Member Lynch abstained.

Motion was made by Council Member Griffin and seconded by Council Member to amend Section 6 by inserting the following paragraph in lieu of the last paragraph:

Cantilever Construction on Single Family Residences.  Cantilever overhangs including bay windows shall not extend into the required front or rear yard setbacks, except architectural features, such as bay windows, dormers, and fireplaces may extend 36 inches into the front/rear yard setback requirements. 

The motion was unanimously approved.

Motion was made by Council Member Griffin and seconded by Council Member McDonnell to amend Section 9 by inserting the following paragraph in lie of the last paragraph:

(53)      Floor Area Ratio:  The total floor area of the building determined by adding each of the stories and half story including second floor areas open to the floor below and 50% of the attached garage, divided by the total lot area.  Basement areas and unenclosed porches are excluded.  Floor area for the first and full second floor shall be measured from the exterior of the building.  The floor area of a half story shall be the allowable living space per Zoning Code.

The motion was approved with Council Members Griffin, McDonnell, Yuan and Mayor Swoboda in favor, Council Members Godi and Karr opposed and Council Member Lynch abstained.  Motion was made by Council Member Griffin and seconded by Council Member Yuan to reconsider the motion.  The motion to reconsider was unanimously approved.  The motion was approved with Council Members Godi, Griffin, Karr, McDonnell, Yuan and Mayor Swoboda in favor and Council Member Lynch opposed.

Motion was made by Council Member Griffin and seconded by Council Member Yuan to amend Section 10 to add a new Section 10 to read:

            SECTION 10. That the City of Kirkwood Municipal Code o Ordinances, Appendix A – Zoning, is hereby amended by deleting Section A-3(b)(34) under Article II, Rules and Definitions, and inserting in lieu thereof:

(34)      Coverage, Lot:  The percentage of lot area covered by all buildings or structures on the lot (footprint) divided by the lot area.  Buildings include any structure or part of a structure covered by a roof including, but not limited to, residences, unenclosed porches, garages, gazebos, sheds, breezeways, carports, etc.  An area not to exceed 75 square feet of an unenclosed front porch shall be deducted from the lot area coverage.  The area of lot coverage is calculated from the foundation footprint at grade of all buildings.

The motion failed with Council Members Griffin, Yuan and Mayor Swoboda in favor, Council Members Godi, Karr, Lynch and McDonnell opposed.

Motion was made by Council Member Karr and seconded by Council Member Lynch to amend Section 3, (h)(1) by adding the following at the end of the paragraph: “on lots 59 feet wide or less.”  After discussion the motion was withdrawn.

Motion was made by Council Member Karr and seconded by Council Member Lynch to amend Section 3, (h)(3) by deleting “10” and inserting “6.”  The motion was approved with Council Members Godi, Karr, Lynch and Yuan in favor and Council Members Griffin, McDonnell, and Mayor Swoboda opposed.

Motion was made by Council Member Karr and seconded by Council Member Godi to amend Section 3, (h) by adding the following as (4): “Only 2 garage doors can face the street at or near the front building line.”  After discussion the motion was withdrawn.

The motion to accept the bill for first reading approval passed with Council Members Griffin, McDonnell, Yuan and Mayor Swoboda in favor and Council Members Godi, Karr and Lynch opposed.  Motion to reconsider was made by Council Member Yuan and seconded by Council Member Griffin.  A brief discussion followed.  After discussion a motion was made by Council Member Karr and seconded by Council Member Lynch to continue to the bill to December 20, 2007.  The motion to continue was unanimously approved.

The bill was continued to December 20, 2007 and will be placed on the agenda under New Business.

            Bill 9846, amending provisions of the City of Kirkwood Municipal Code, Chapter 20, Sidewalks was brought before the council.  Motion was made by Council Member Griffin and seconded by Mayor Swoboda to accept the bill for first reading approval.  Motion was made by Council Member Lynch and seconded by Council Member McDonnell to amend Section 1 by deleting the word “and” from the end of the fourth line of the last paragraph and inserting “except” in lieu thereof.  The motion to amend was unanimously approved.

The amended bill received first reading approval and was held over.

            Bill 9847, approving a settlement agreement with U.S. Cellular 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 9848, amending the Kirkwood Code of Ordinances, Chapter 18, Article I., Section 18-1, by adding Meramec River Greenway Train as Park Number 14 was brought before the council.  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 9849, amending the Kirkwood Code of Ordinances, Chapter 18, Article I., Section 18-1, by adding Kirkwood Dog Park as Park Number 15 was brought before the council.  Motion was made by Council Member Karr and seconded by Council Member Lynch to accept the bill for first reading approval.  After discussion a motion was made by Council Member Lynch and seconded by Council Member Yuan to request staff to negotiate a draft scope of work with CH2MHill to:

1.         Assess the feasibility, logistics and permitting required to operate a dog park at this site:

2.         Determine the liability and risk management necessary required to manage a dog park within a flood plain; and

3.         Summarize environmental issues affecting this site, the environmental permitting timeline and the continuing reporting burden required for compliance with environmental regulations. 

The cost of said study would be borne by the Park Board.

The motion failed with Council Member Lynch in favor and Council Members Griffin, Godi, Karr, McDonnell, Yuan and Mayor Swoboda opposed.

The motion to accept the bill for first reading approval failed with Council Members Godi, Karr and Yuan in favor and Council Members Griffin, Lynch, McDonnell and Mayor Swoboda opposed.

The bill failed.

            Bill 9850, amending Chapter 18, Article IV, Section 18-101, (a), (b), (d) and (m) of the Kirkwood Code of Ordinances relating to fees and charges for use of Community Center facilities was brought before the council.  Motion was made by Council Member Godi 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 9851, amending provisions of the City of Kirkwood Property Maintenance Code (Ordinance 9503), regarding temporary conditional occupancy permits 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.

            Bill 9852, appropriating funds, accepting the bid of Virginia Transformer Corporation in the amount of $1,391,000 for the purchase and installation of two transformers for the Alfred Substation and authorizing and directing the Mayor to enter into a contract was brought before the council.  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 9853, amending Chapter 14, Section 14-391, Schedule A: Stop Intersections to add a stop sign for northbound Creekside Place at East Clinton Avenue was brought before the council.  Motion was made by Council Member Griffin 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 9854, amending Chapter 14, Section 14-402, “No Left Turns” to prohibit southbound Kirkwood Road traffic from turning left into the public parking lot at 100 South Kirkwood Road 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

            Motion was made by Council Member Griffin and seconded by Council Member McDonnell to authorize staff to obtain Requests for Proposals from planning consultants to draft guidelines for review of new single-family construction and major additions to existing residences.  Major additions will need to be defined in the process.  The motion was unanimously approved.

            Motion was made by Council Member Griffin and seconded by Council Member McDonnell to direct staff to prepare a proposed process for ARB review and provide information on additional staffing requirements.  The motion was unanimously approved.

            Mayor Swoboda distributed information regarding soundwalls that included pictures, total linear feet regarding areas for soundwalls, information obtained from MoDOT along with a proposed motion in this regard.  The information will be placed in City Council mailslots.

Mr. Hessel reported on the action of the Planning and Zoning Commission regarding Hayden Homes request for an amendment to the Zoning Code regarding the required number of off-street parking spaces for mixed use developments on less than 5 acres in the B-2 Zoning District.  The commission recommended denial of this amendment.  The commission recommended approval of the motion to continue the subcommittee report recommending approval of the site plan for 100 Kirkwood Place to the January 16^th meeting.

CHIEF ADMINISTRATIVE OFFICER REPORTS

Mr. Brown read the Report of the Planning and Zoning Commission meeting of December 5, 2007 as follows:

1.         Recommend approval of a special use permit for a restaurant at McArthur’s Bakery at 113 North Kirkwood Road.  The next available meeting for a public hearing before the City Council is January 3, 2008.

2.         Recommend denial of an amendment to the Zoning Code regarding required number of off-street parking spaces for mixed-use developments on less than five acres in the B-2 Zoning District.  Recommend approval of a motion to continue subcommittee report recommending approval of a site plan review amendment for 100 Kirkwood Place submitted by Hayden Homes to the January 16, 2008 meeting.

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 20, 2007, at 7:00 p.m.