Kirkwood City Council
Kirkwood City Hall
City Council Chambers
Thursday, June 6, 2019, 7:00 p.m.

Pursuant to notice of meeting duly given by the Mayor, the City Council convened on Thursday, June 6, 2019, at 7:00 p.m. at Kirkwood City Hall, 139 South Kirkwood Road, Kirkwood, Missouri.  Present were Mayor Griffin, Council Members Duwe, Edman, Luetzow, Ward, Wurtz, and Zimmer. Also in attendance were Chief Administrative Officer Russell Hawes, Assistant Chief Administrative Officer Georgia Ragland, City Clerk Laurie Asche, Deputy City Clerk Freddy Doss, and City Attorney John Hessel.   

INTRODUCTIONS AND RECOGNITIONS 
						NONE 

PRESENTATIONS
Mayor Griffin presented a Certificate of Congratulations to John E. Adams for obtaining the rank of Eagle Scout on June 8, 2019. 

Mayor Griffin and Police Chief Brian Murphy presented the Award for Excellence to Police Officers David Reich, Jeremy Johnson, and Jason Hutchins for their service and efforts during the incident on April 29, 2019.  

PUBLIC HEARINGS
Public Hearing #1
Mayor Griffin recessed the meeting for the purpose of conducting a public hearing regarding a request for amendments to the Zoning Code regarding regulation of Medical Marijuana related to Amendment 2 of the State Constitution - Citywide.  Mr. Hessel entered the following exhibits into the record: an Affidavit of Publication in the St. Louis Countian on May 21, 2019, as Exhibit 1; an Affidavit of Publication in the Webster Kirkwood Times on May 24, 2019, as Exhibit 2; the report of the Planning and Zoning Commission dated May 16, 2019, as Exhibit 3; a memo from City Planner Jonathan Raiche dated April 29, 2019, as Exhibit 4; and the Kirkwood Code of Ordinances as Exhibit 5. 

City Planner Jonathan Raiche presented information pertaining to the request:
•	Amendment 2 to the Missouri Constitution was approved by voters on November 6, 2018 and allows “state-licensed physicians to recommend marijuana for medical purposes to patients with serious illnesses and medical conditions.”
•	The Missouri Department of Health and Senior Services will grant licenses for the cultivation, manufacture, dispensing, sale, testing, tracking, and transportation of marijuana for medical use.

•	The Amendment allows businesses to  operate in the following areas of cultivation and dispensation:
o	Cultivation/Agriculture
o	Manufacturing/Extraction
o	Dispensing/Patient Care
o	Testing/Labs
•	Cities may regulate the “time, place, and manner” of the operation of medical marijuana facilities as long as the regulations are not unduly burdensome on the operation of the medical marijuana facilities.
•	Amendment 2 also includes a requirement that a medical marijuana facility may not be initially located within 1000 feet of any then-existing elementary or secondary school, child daycare center, or church; however, this spacing requirement may be decreased if a city chooses.
•	A city may require a business license, but not a special license.
•	Staff recommends that a cultivation facility would be available with a Special Use Permit required in the I-1 Zoning District and with a 25,000 square foot lot minimum.  It would be prohibited in all other Districts due to the higher potential for nuisances from things like operation and odor.
•	Staff recommends that a manufacturing facility would require a Special Use Permit in the I-1 Zoning District and would be prohibited in all other Districts.
•	Staff recommends that a testing facility would require a Special Use Permit in the I-1 District and would be prohibited in all other Districts.
•	Staff recommends that a dispensary facility would require a Special Use Permit in the B-3 and I-1 Districts and would be prohibited in all other Districts.  Staff believes these highway-oriented and industrial districts are the most appropriate within the City and will provide adequate area without being viewed as unduly burdensome.  
•	In an effort to regulate the “time, place, and manner” of said establishments, staff had identified the following restrictions that should be included in all Districts in which the uses are listed as Special Uses:
o	A medical marijuana facility shall conform to the following minimum standards and restrictions:
a.	Such facility shall be initially located a minimum of 1,000 feet as measured from the boundaries of a legal lot of record which is occupied by or used as a church, place of worship, public or private school, day-care center, or public park.
b.	Such facility shall be located 500 feet, as measured from the boundaries of a legal lot of record, from another medical marijuana facility.  This section shall not prohibit one facility from holding multiple licenses.
c.	The hours of operation of a Medical Marijuana Dispensary Facility shall be between 8:00 a.m. and 9:00 p.m. daily.
d.	Operations of cultivation, dispensing, manufacturing, and testing facilities must be conducted entirely within an enclosed building, 

and consumption or smoking of marijuana products shall be prohibited on the premises.
•	A restriction requiring a minimum distance from residential property was evaluated by staff, but ultimately it was decided that such requirement would be too burdensome due to the proximity of residentially zoned land to all commercial and industrial areas within Kirkwood.  Staff believes the proposed buffer of 1,000 feet provides appropriate opportunity for Medical Marijuana Facilities. 
•	City Attorney John Hessel stated that the regulations come from the State of Missouri Department of Health and Public Services and that the State of Missouri will be allowing only a certain number of facilities throughout the entire state.  Legislation will be placed on the next council meeting agenda regarding offenses and changes to the Personnel Rules & Regulations.  
•	Question was raised regarding if regulations for nuisances will be adopted.  Nuisance regulations will be something that will be addressed in the future. 

Public Comments
1.	April Winkelmann, 928 Blue Bonnet, questioned if a driver of a vehicle carrying a passenger that has medical marijuana on their person would get in trouble with the law.  Believes the 1,000 feet buffer should be reduced. 

The bill will be placed on the June 20, 2019 agenda for first reading consideration.

Public Hearing #2
Mayor Griffin recessed the meeting for the purpose of conducting a public hearing regarding a request for a Special Use Permit for a Pet Day Care and Commercial Kennel with outdoor use proposed for 902 S. Kirkwood Road (Camp Bow Wow).  Mr. Hessel entered the following exhibits into the record: an Affidavit of Publication in the St. Louis Countian on May 21, 2019, as Exhibit 1; an Affidavit of Publication in the Webster Kirkwood Times on May 24, 2019, as Exhibit 2; an aerial view map showing the subject property and the properties that were notified of the hearing, as Exhibit 3; a list of property owners who were sent notice of the public hearing, as Exhibit 4; the report of the Planning and Zoning Commission dated May 16, 2019, as Exhibit 5; the report of the Planning and Zoning Commission Sub-Committee dated May 15, 2019, as Exhibit 6; a letter received from J. Daniel Sabio, dated June 6, 2019 which was received by the City Clerk’s Office, with concern regarding noise, as Exhibit 7; and the Kirkwood Code of Ordinances as Exhibit 8. 
	
City Planner Jonathan Raiche presented information pertaining to the request:
•	The petitioner is requesting multiple Special Use Permits to allow the operation of a pet day-care facility with overnight boarding, training, and grooming services in the existing building and property located at 902 South Kirkwood Road.
•	The property was most recently occupied by ABC Supply Company.
•	The property has been historically used for similar uses with outdoor storage as a non-conforming use.

•	The legal non-conforming outdoor storage component has been abandoned for more than 180 days and therefore has lost the legal non-conforming status.
•	The property and building are currently vacant.
•	The petitioner proposes to renovate the interior of the main existing building and the existing parking lot. 
•	The building will be renovated to include a large area with individual boarding facilities, common indoor play areas, office area, grooming areas, and a reception area.
•	In addition to the indoor facilities, the applicant has also proposed multiple outdoor play areas enclosed by an 8’ tall vinyl fence.
•	There will be a minimum of 2 employees on site during business hours (7:00 a.m. to 7:00 p.m.) and a minimum of 1 employee per 25 dogs. 
•	There are 27 proposed parking spaces.
•	Concern was raised regarding noise being buffered from neighboring businesses and residents.
•	Question was raised regarding if there are any facilities that have an overnight employee.   There are not.  The facilities have security cameras and alarms.
•	Question was raised regarding if there are any regulations regarding decibel readings for barking dogs.  
•	Question was raised regarding if the bike rack requirement could be waived.  The City Council can reduce or waive the requirement.  If the council wishes to do so, an amendment can be made at the next meeting to add a condition to the legislation.

Public Comments
1.  Dan Sabio, 816 S. Kirkwood Road, concerned about noise.  Would like the hours 
     the dogs can be outside to be restricted.  Would like to make sure that the 
     dumpster is maintained and kept clean.
2.  Gloria Parker, 203 Commerce Ave., concerned about noise.  Questioned if the 
     inside of the building is sound proof.
3.  Iris Coyler, 366 S. Kirkwood Road, in favor of the proposal.
4.  Lianne Reizer, 910 S. Kirkwood Road, concerned about additional traffic 
     congestion and noise.  Urges the council to deny the request. 

The bill will be placed on the June 20, 2019 agenda for first reading consideration.

Public Hearing #3
Mayor Griffin recessed the meeting for the purpose of conducting a public hearing regarding a request for a Special Use Permit for a restaurant at 151 W. Jefferson (Gelato Di Riso).  Mr. Hessel entered the following exhibits into the record: an Affidavit of Publication in the St. Louis Countian on May 21, 2019, as Exhibit 1; an Affidavit of Publication in the Webster Kirkwood Times on May 24, 2019, as Exhibit 2; an aerial view map showing the subject property and the properties that were notified of the hearing, as Exhibit 3; a list of property owners who were sent notice of the public 

hearing, as Exhibit 4; the report of the Planning and Zoning Commission dated May 16, 2019, as Exhibit 5; a memo from City Planner Jonathan Raiche dated May 8, 2019, as Exhibit 6; and the Kirkwood Code of Ordinances as Exhibit 7. 
	
City Planner Jonathan Raiche presented information pertaining to the request:
•	The new restaurant, Gelato Di Riso, is proposed for the tenant space at 151 W. Jefferson Avenue.
•	This tenant space is the eastern half of the 1,680 sf building and was most recently occupied by a women’s clothing and accessory boutique shop, Giner &  Mary Ann’s.
•	The applicant has indicated that they intend to sell gelato, Italian coffees, and small pastries with hours of operation from 7:30 a.m. to 10:30 p.m. seven days a week.
•	The applicant also indicated that they expect a maximum of two employees on any shift.
•	The proposal describes four to five small tables located inside the tenant space with the option for two small tables outside.
•	There will be no cooking equipment located on the site.
•	There will be 3 dedicated parking spaces and more will be available after hours from the adjacent store. 
•	There is an existing dumpster which will be utilized. 
•	The applicant intends to have a maximum of 20 seats inside the restaurant.
•	The outdoor seating described can be accommodated by the outdoor seating permitted within the Zoning Code and within the Streets & Sidewalks section of the Municipal Code. 

The bill will be placed on the June 20, 2019 agenda for first reading consideration.

                                                 PUBLIC COMMENTS
1.  Dan McNulty, 1904 Grassy Ridge Rd., spoke in regards to the High Meadows 
     Subdivision street condition.  Would like a broader consideration regarding the 
     resurfacing of the street.  Questioned if the subdivision’s cul-de-sacs are in 
     compliance with the Code.  Questioned what the future plan for curbs in the 
     subdivision is.  

CONSENT AGENDA
Motion was made by Council Member Duwe and seconded by Council Member Edman to approve the Consent Agenda.  It was requested that item a) be removed and placed at the end of the agenda for discussion.  The Consent Agenda was unanimously approved.

a)	Approval of the May 16, 2019 City Council Meeting Minutes *Moved to the end of the agenda

b)	Resolution 80-2019, authorizing an application for use of Community Development Block Grant Funds for the fiscal year 2020 and allocation of said funds ($46,800)
c)	Resolution 81-2019, authorizing the Chief Administrative Officer to enter into a Collective Bargaining Agreement with the Local Union No. 2665 of the International Association of Firefighters through December 31, 2021
d)	Resolution 82-2019, appointing members to the Library Board
e)	Resolution 83-2019, appointing members to the Arts Commission
f)	Resolution 84-2019, endorsing St. Louis County’s Grant Program for the City of Kirkwood’s waste reduction efforts
g)	Resolution 85-2019, amending and readopting the City of Kirkwood City Fee Schedules relating to ambulance, building permits, parks and recreation user fees and utilities
h)	Resolution 87-2019, amending the contract with N.B. West Contracting Co., by increasing the contract amount for 2019 Ultra-Thin Bonded Asphalt Wearing Surface (increase by $186,262 for a not to exceed amount of $552,936.80)
i)	Resolution 88-2019, amending the contract with Ford Asphalt Co., by increasing the contract amount for 2019 Asphaltic Concrete Overlays (increase by $220,000 for a not to exceed amount of $880,000)

UNFINISHED BUSINESS
Bill 10751, amending the Kirkwood Code of Ordinances, Chapter 23, Article III. “City Electric System”, Division 2. “Rates, Charges & Billing”, Section 23-84 “Rates Established”, by removing subparagraph (b) in its entirety and renumbering the remaining subparagraphs accordingly, was brought before the council.  
		
Roll Call: 

Mayor Griffin				“Yes”			
Council Member Edman		“Yes”
Council Member Zimmer		“Yes”	
Council Member Ward		“Yes”
Council Member Wurtz		“Yes”	
Council Member Luetzow		“Yes”
Council Member Duwe		“Yes”

The bill, having received majority approval of the council, was adopted and became Ordinance 10593.

Bill 10752, amending the Kirkwood Code of Ordinances, Chapter 23, 
Article IV. “City Water System”, Division 2. “Rates, Charges & Billing”, by removing Section 23-142 “Water Rates” in its entirety and renumbering the remaining sections accordingly, was brought before the council.  

Roll Call: 

Mayor Griffin				“Yes”			
Council Member Edman		“Yes”
Council Member Zimmer		“Yes”	
Council Member Ward		“Yes”
Council Member Wurtz		“Yes”	
Council Member Luetzow		“Yes”
Council Member Duwe		“Yes”

The bill, having received majority approval of the council, was adopted and became Ordinance 10594.

Bill 10753, reappropriating $2,523,794 to the Building and Site Improvements Account, Project #PF1911, from Fiscal Year 2018/2019 to Fiscal Year 2019/2020 for the Performing Arts Center construction, was brought before the council.  
		
Roll Call: 

Mayor Griffin				“Yes”			
Council Member Edman		“Yes”
Council Member Zimmer		“Yes”	
Council Member Ward		“Yes”
Council Member Wurtz		“Yes”	
Council Member Luetzow		“Yes”
Council Member Duwe		“Yes”

The bill, having received majority approval of the council, was adopted and became Ordinance 10595.

Bill 10754, appropriating $11,668 from the General Fund Fund Balance to Account #101-1201-421.32.01 for legal expenses for the Police Department, was brought before the council.  
		
Roll Call: 

Mayor Griffin				“Yes”			
Council Member Edman		“Yes”
Council Member Zimmer		“Yes”	
Council Member Ward		“Yes”
Council Member Wurtz		“Yes”	
Council Member Luetzow		“Yes”
Council Member Duwe		“Yes”

The bill, having received majority approval of the council, was adopted and became Ordinance 10596.

Bill 10755, appropriating $63,268 from the General Fund Fund Balance to Account #101-1102-412.32.01 for legal expenses for the Administration Department, was brought before the council.  
		
Roll Call: 

Mayor Griffin				“Yes”			
Council Member Edman		“Yes”
Council Member Zimmer		“Yes”	
Council Member Ward		“Yes”
Council Member Wurtz		“Yes”	
Council Member Luetzow		“Yes”
Council Member Duwe		“Yes”

The bill, having received majority approval of the council, was adopted and became Ordinance 10597.

Bill 10756, appropriating $39,135 from the Medical Fund Fund Balance to Account #602-3112-442.31.10 for medical claims, was brought before the council.  
		
Roll Call: 

Mayor Griffin				“Yes”			
Council Member Edman		“Yes”
Council Member Zimmer		“Yes”	
Council Member Ward		“Yes”
Council Member Wurtz		“Yes”	
Council Member Luetzow		“Yes”
Council Member Duwe		“Yes”

The bill, having received majority approval of the council, was adopted and became Ordinance 10598.

Bill 10757, appropriating $215,241 from the Workers’ Compensation Fund Fund Balance to Account #601-3110-441.21.02 for Workers’ Compensation claims, was brought before the council.  
		
Roll Call: 

Mayor Griffin				“Yes”			
Council Member Edman		“Yes”

Council Member Zimmer		“Yes”	
Council Member Ward		“Yes”
Council Member Wurtz		“Yes”	
Council Member Luetzow		“Yes”
Council Member Duwe		“Yes”

The bill, having received majority approval of the council, was adopted and became Ordinance 10599.

Bill 10758, appropriating $45,557 from the Capital Fund Fund Balance to Account #301-1704-600.75.03, Project #FO2005 and Project #FO2006, amending the contract with JW Fuller Construction, LLC, in the amount of $45,557 for City Hall Cupola Carpentry Repair Services and Gazebo Carpentry Repair Services and authorizing and directing the Mayor to enter into an amended contract, was brought before the council.  
		
Roll Call: 

Mayor Griffin				“Yes”			
Council Member Edman		“Yes”
Council Member Zimmer		“Yes”	
Council Member Ward		“Yes”
Council Member Wurtz		“Yes”	
Council Member Luetzow		“Yes”
Council Member Duwe		“Yes”

The bill, having received majority approval of the council, was adopted and became
Ordinance 10600.

NEW BUSINESS
Bill 10759, adopting a revised City of Kirkwood Classification and Pay Plan, was brought before the council.  Motion was made by Council Member Wurtz and seconded by Council Member Zimmer to accept the bill for first reading approval.   A discussion took place regarding placing the topic on a work session agenda for further discussion. 

Motion was made by Council Member Luetzow and seconded by Council Member Ward to continue the bill to July 3, 2019.   The motion was unanimously approved.  This topic will be placed on a future work session agenda for discussion. 

The bill was continued to July 3, 2019. 

Bill 10760, appropriating $140,673 from the GEMT Program Account to multiple accounts, was brought before the council.  Motion was made by Council Member Duwe and seconded by Council Member Zimmer to accept the bill for first reading approval.   

The bill received first reading approval and was held over. 

Bill 10761, appropriating $1,358,126 from the Reappropriations Account to Account #505-2215-481.75.15, Project #WA1907 for the Swan Avenue Pump Station Project, was brought before the council.  Motion was made by Council Member Ward and seconded by Council Member Wurtz to accept the bill for first reading approval.   

The bill received first reading approval and was held over. 

Resolution 86-2019, authorizing the offering for sale of refunding Certificates of Participation (City of Kirkwood, Missouri, Lessee), Series 2019, was brought before the council.  Motion was made by Council Member Duwe and seconded by Council Member Luetzow to accept the Resolution as read.  

Roll Call:

Mayor Griffin				“Yes”				
Council Member Edman		“Yes”
Council Member Zimmer		“Yes”	
Council Member Ward		“Yes”
Council Member Wurtz		“Yes”
Council Member Luetzow		“Yes”
Council Member Duwe		“Yes”

CONSENT AGENDA ITEMS FOR DISCUSSION
	Approval of the May 16, 2019 City Council meeting minutes was brought before the council.  The minutes were not included in the meeting packet, so the council has not had time to review.  Motion was made by Council Member Zimmer and seconded by Council Member Luetzow to continue the approval of the minutes to June 20, 2019.  The motion was unanimously approved. 

The approval of the May 16, 2019 City Council meeting minutes were continued to June 20, 2019. 

                                            CITY COUNCIL REPORTS
Council Member Zimmer reported that today is the 75th anniversary of D-Day and would like to remember all of those that sacrificed for our freedom. 

CHIEF ADMINISTRATIVE OFFICER REPORT
	Mr. Hawes had nothing to report.   

CITY ATTORNEY REPORT
	Mr. Hessel had nothing to report.     

CITY CLERK REPORT
Ms. Asche reported that the City Clerk’s Office received a Destruction of Records Form from the Police Department, which will be filed with the June 6th council meeting minutes. 

ADJOURNMENT
There being no further business to come before the Council, the meeting was adjourned at 8:30 p.m.  The next regular council meeting is scheduled for June 20, 2019, at 7:00 p.m. 

_____________________________________
Laurie Asche, CMC/MRCC
City Clerk

Approved:  June 20, 2019