Kirkwood City Council
Kirkwood City Hall
City Council Chambers
Thursday, September 19, 2019, 7:00 p.m.

Pursuant to notice of meeting duly given by the Mayor, the City Council convened on Thursday, September 19, 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
NONE

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 for tattoo studios.  Mr. Hessel entered the following exhibits into the record: an Affidavit of Publication in the St. Louis Countian on August 29, 2019, as Exhibit 1; an Affidavit of Publication in the Webster Kirkwood Times on August 30, 2019, as Exhibit 2; the report of the Planning and Zoning Commission dated August 22, 2019, as Exhibit 3; the report of the Planning and Zoning Commission Sub-Committee dated August 21, 2019, as Exhibit 4; and the Kirkwood Code of Ordinances as Exhibit 5. 

City Planner Jonathan Raiche presented information pertaining to the request:
•	The applicant has submitted a multi-part application which includes the following items: 1) multiple text amendments to the Zoning Code to allow for a new Special Use category in the B-2 District, and 2) a Special Use Permit for the new category of “Tattoo Studio” in the 2nd floor tenant space of 108 N. Kirkwood Road.
•	Tattoo studios are currently not permitted or special use in any of Kirkwood’s Zoning Districts.
•	The requested amendments include adding “Tattoo Studio” as a Special Use in the B-2 District, defining said use category, and including a parking rate for said use category.
•	The applicant has proposed the following language to define this use category, Tattoo Studio – an establishment whose principal business activity, either in terms of operation or as held out to the public, is the practice of placing designs, 

letters, figures, symbols, or other marks upon or under the skin of any person; using ink or other substances that result in the permanent coloration of skin by means of the use of needles or other instruments designed to contact or puncture the skin.
•	Because the proposed location is in an existing building within the Downtown area, the City’s off-street parking requirements do not apply. However, the City must anticipate that a Tattoo Studio may be requested in a new building or outside of the Downtown area.  In preparation for that, the City required the applicant to include a proposed parking rate.  The applicant has proposed one (1) space per chair as a minimum required parking rate for said use category.
•	The Planning and Zoning Commission recommended the following condition: that the general parking rate for the proposed should be two (2) spaces per chair to accommodate the employee and client. 
•	The applicant indicates that they intend to operate by appointment between the hours of 9 a.m. and 9 p.m.
•	The applicant indicated that they do not intend to have the business open 7 days a week from 9 a.m. to 9 p.m., but requested those times during the Planning and Zoning process to allow them to hold appointments during those hours.
•	The application material also states that the applicant would start operations as a single owner/artist studio with a possibility to expand to no more than four tattoo stations.
•	The applicant offered a proximity restriction that would require that no tattoo studio shall be closer than 1,000 feet to any other tattoo studio.
•	The Planning and Zoning Commission recommended the following conditions: 1) Hours of operation shall be limited to 9 .m. through 9 p.m., Sunday through Saturday, 2) The maximum number of chairs/stations shall be limited to four, and 3) Internally illuminated signage on the exterior of the building or as window signage shall be prohibited. 

Applicant Trevor Collis addressed the council.  The studio will operate bye by appointment only.  Concern was raised regarding the possibility of window displays and question was raised if there were a way to address the concern.  City Planner Jonathan Raiche will look into the concern.  

Comments from Public:
1.  	Robert Collis, 2439 Trossock Ln., spoke in favor of the proposal. 
2.  Suzette Collis, 2439 Trossock Ln., spoke in favor of the proposal. 
3.  Drew Reavil, 253 Brookhaven Dr., O’Fallon, MO, spoke in favor of the proposal. 
4.  Sarah Hinch, Kirkwood, MO, spoke in favor of the proposal. 
	 
The bill will be placed on the October 3, 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 tattoo studio to Electric Unicorn at 108 North Kirkwood Road.  Mr. Hessel stated for the record that the exhibits entered into the record, questions from council, and comments made by the public in the first public hearing will be a part of this public hearing. 

The bill will be placed on the October 3, 2019 agenda for first reading consideration.

 	PUBLIC COMMENTS
1.	Jeremy Whitt, Vice-President/General Council for Audi Kirkwood, 10230 
Manchester Road, spoke in favor of Bill 10788A.  Revised landscape plans were submitted for council consideration.   

CONSENT AGENDA
Motion was made by Council Member Ward and seconded by Council Member Edman to approve the Consent Agenda.  The Consent Agenda was unanimously approved.

a)	Approval of the September 5, 2019 City Council Meeting Minutes
b)	Resolution 125-2019, accepting the bid of Dave Sinclair Ford (pursuant to State of Missouri Cooperative Contract) for the purchase of a 2020 Ford F550 Flatbed for the Water Department and directing the Director of Procurement to issue a Purchase Order ($41,873.80)
c)	Resolution 126-2019, accepting the bid of Putnam Chevrolet (pursuant to State of Missouri Cooperative Contract) for the purchase of a 2019 Chevrolet Express Cargo 2500 Van for the Water Department and directing the Director of Procurement to issue a Purchase Order ($26,556)
d)	Resolution 127-2019, accepting the bid of World Wide Technology (pursuant to State of Missouri Cooperative Contract) for the purchase of Cisco Hardware for Network Device Replacement for the Police Department and directing the Director of Procurement to issue a Purchase Order ($37,067.56)
e)	Resolution 128-2019, accepting the bid of MacQueen Emergency Group for Personal Protective Equipment consisting of coats and pants, boots and escape belts for the Fire Department with an initial term of 12 months with the option to renew for up to four additional 12 month terms and authorizing and directing the Mayor to enter into a contract (at the rates provided in the memo)
f)	Resolution 129-2019, accepting the bid of Sentinel Emergency Solutions for Personal Protective Equipment consisting of Cairnes 880 fire helmets and fronts for the Fire Department with an initial term of 12 months with the option to renew for up to four additional 12 month terms and 

g)	authorizing and directing the Mayor to enter into a contract (at the rates provided in the memo)
h)	Resolution 130-2019, appointing Sandy Washington to the Finance Committee to term to June 2022

UNFINISHED BUSINESS
	Motion was made by Council Member Ward and seconded by Council Member Zimmer to bring Substitute Bill 10786 on the floor for consideration.  The motion was unanimously approved.

Substitute Bill 10786, fixing and establishing the rate of taxation to be levied upon all real estate and certain tangible personal property in the City of Kirkwood, County of St. Louis, State of Missouri, for the year 2019, for the maintenance of the Kirkwood public parks; for the Police and Fireman’s Pension Fund; for General Government Services, and for business in the Special Business District, was brought before the council.  
		
Roll Call: 

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

The bill, having received majority approval of the council, was adopted and became Ordinance 10625.

	Motion was made by Council Member Zimmer and seconded by Council Member Duwe to bring Substitute Bill 10787 on the floor for consideration.  The motion was unanimously approved.

Substitute Bill 10787, fixing and establishing the rate of taxation to be levied upon all real estate and certain tangible personal property in the City of Kirkwood, County of St. Louis, State of Missouri, for the year 2019, for the operation and maintenance of the Municipal Library District of Kirkwood, was brought before the council.  
		
Roll Call: 

Mayor Griffin				“Yes”			
Council Member Zimmer		“Yes”
Council Member Ward		“Yes”
Council Member Wurtz		“Yes”	

Council Member Luetzow		“Yes”
Council Member Duwe		“Yes”
Council Member Edman		“Yes”

The bill, having received majority approval of the council, was adopted and became Ordinance 10626.

Bill 10788A, granting a Special Use Permit and Site Plan approval for motor vehicle sales at 10230 and 10240 Manchester Road, subject to certain conditions, was brought before the council.  

Motion was made by Council Member Edman and seconded by Council Member Ward to amend the bill by amending Section 1, Subsection 1 to reference the Landscape Plan stamped “Received September 16, 2019, City of Kirkwood Public Services Department”.  The motion to amend was unanimously approved.

Motion was made by Council Member Luetzow and seconded by Council Member Zimmer to amend the bill by amending Section 1, Subsection 26 to read as follows, “An 8 foot tall sigh-proof fence in an earth-tone color and made of Simtek, or similar durable composite product as approved by the Public Services Department, shall be provided along the southern property line adjacent to residentially zoned property”.  The motion to amend was unanimously approved. 
		
Roll Call: 

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

The amended bill, having received majority approval of the council, was adopted and became Ordinance 10627.

Bill 10789, granting a Special Use Permit for a convenience store (bakery shop) on the property known as 137 West Jefferson Avenue, was brought before the council.  
		
Roll Call: 

Mayor Griffin				“Yes”			
Council Member Zimmer		“Yes”
Council Member Ward		“Yes”

Council Member Wurtz		“Yes”	
Council Member Luetzow		“Yes”
Council Member Duwe		“Yes”
Council Member Edman		“Yes”

The bill, having received majority approval of the council, was adopted and became Ordinance 10628.

Bill 10790A, granting a Special Use Permit for an amusement establishment at 105 East Jefferson Avenue, subject to certain conditions, was brought before the council.  
		
Roll Call: 

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

The bill, having received majority approval of the council, was adopted and became Ordinance 10629.

Bill 10791, appropriating funds in the amount of $27,939.95 from the Equitable Sharing Fund Balance to the Machinery & Equipment Account, accepting the bid of Fire Cam in the amount of $27,939.95 for the purchase of an unmanned aerial system (drone) for the Kirkwood Police Department and authorizing and directing the Director of Procurement to issue a Purchase Order, was brought before the council.  
		
Roll Call: 

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

The bill, having received majority approval of the council, was adopted and became Ordinance 10630.

Bill 10792, appropriating $5,335 from the Equitable Sharing Fund Balance to the Other Professional Services Account for the maintenance of the uninterruptible power source for the Police Department, was brought before the council.  
		
Roll Call: 

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

The bill, having received majority approval of the council, was adopted and became Ordinance 10631.

NEW BUSINESS
Bill 10793, appropriating $21,505 from the Park and Storm Water Fund Balance to multiple accounts for a Performing Arts Center Manager position, was brought before the council.  Motion was made by Council Member Ward and seconded by Council Member Luetzow to accept the bill for first reading approval.   

The bill received first reading approval and was held over.

Bill 10794, appropriating funds in the amount of $24,080 from the Equitable Sharing Fund Balance to the Machinery & Equipment Account, accepting the bid of Turn-Key Mobile in the amount of $24,080 (pursuant to Jasper County Sheriff’s Department Cooperative Contract) for the purchase of Panasonic Toughbooks for the Police Department and authoring and directing the Director of Procurement to issue a Purchase Order, was brought before the council.  Motion was made by Council Member Luetzow and seconded by Council Member Wurtz to accept the bill for first reading approval.   

The bill received first reading approval and was held over.

CONSENT AGENDA ITEMS FOR DISCUSSION
					      NONE

                                            CITY COUNCIL REPORTS
Mayor Griffin reported the following:
•	Thanked those involved with putting on the Greentree Festival.
•	The Fire Department will hold an open house at Fire House #1 on September 28th from 10 a.m. to 4 p.m.

•	Congratulated City Attorney John Hessel on being named 2020 “Lawyer of the Year” for Litigation – First Amendment. 

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

CITY ATTORNEY REPORT
	Mr. Hessel had nothing to report. 

                                               CITY CLERK REPORT
Ms. Asche had nothing to report. 

ADJOURNMENT
There being no further business to come before the Council, the meeting was adjourned at 8:00 p.m.  The next regular council meeting is scheduled for October 3, 2019 at 7:00 p.m. 

_____________________________________
Laurie Asche, CMC/MRCC
City Clerk

Approved:  October 3, 2019