Kirkwood City Council
Kirkwood City Hall
City Council Chambers
Thursday, October 3, 2019, 7:00 p.m.

Pursuant to notice of meeting duly given by the Mayor, the City Council convened on Thursday, October 3, 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 Public Power Week Proclamation to Director of Electric Mark Petty.

PUBLIC HEARINGS
Mayor Griffin recessed the meeting for the purpose of conducting a public hearing regarding a request to rezone 130 West Adams Avenue from B-2 to B-4.  Mr. Hessel entered the following exhibits into the record: an Affidavit of Publication in the St. Louis Countian on September 10, 2019, as Exhibit 1; an Affidavit of Publication in the Webster Kirkwood Times on September 13, 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 September 5, 2019, as Exhibit 5; the report of the Planning and Zoning Commission Sub-Committee dated September 4, 2019, as Exhibit 6; and the Kirkwood Code of Ordinances as Exhibit 7.

City Planner Jonathan Raiche presented information pertaining to the request:
•	The applicant has submitted a multi-part application which includes the following items: 1) an amendment to remove the age restriction on housing in the existing B-4 Planned Commercial Development Plan and 2) a rezoning for the parking lot at 130 West Adams Avenue from B-2 to B-4 to included it in the Planned Commercial District Development Plan for the same development.
•	The applicant purchased the subject properties in early 2019 and was unaware of the age restriction at the time of the purchase.
•	The applicant has stated that the residential units were less than 50% occupied when they purchased the property and that they desire to widen the market in an effort to reinvigorate the development.

•	The subject development originally received its preliminary plan approval in 1988 via Ordinance 7821, which allows a “retail and elderly housing complex” and it received its final development plan approval in 1990 via Ordinance 7975.
•	Staff was unable to find a reference to a specific age limit related to this project with the term “elderly housing” being applied to the development; however, a determination was made, based on the term being defined in a separate portion of the Municipal Code, that the minimum age to be considered elderly for this project would be 60 years old.
•	As part of the approvals in 1988 and 1990, a separate text amendment to the Zoning Code was also approved which permitted the City Council, after recommendation from the Planning and Zoning Commission, to approve a reduction in parking requirements for B-4 Developments under 1.5 acres. 
•	During the original approval request, there was discussion and acknowledgement made toward various factors, including the age restriction of residents, that would justify the reduced parking rates applied at that time.
•	The rezoning portion of this request is to make the surface parking lot at 130 West Adams an official part of the planned development.
•	This parking lot was not a part of the original project, but was acquired by the property owner soon after and has operated as a part of the development for many years.
•	This parking lot was taken into consideration during various amendments regarding the allowance for expansion of the restaurant tenant in the development.
•	The proposal requests to remove an age restriction which was placed upon the development as a condition to the approval in 1990 and there are no proposed change in use categories which would include residential and commercial.
•	Because the previous approvals included discussion and conditions related to parking and traffic based upon the understanding the development would be for “retail and elderly housing”, staff requested the applicant to provide an updated parking and traffic assessment.
•	The original approved provided a reduced rate of ½ space per residential unit based on the age of the occupants in addition to a 13 space reduction for the non-residential uses based on the location in a pedestrian area and proximity to public parking.
•	The applicant provided an updated traffic and parking assessment. The assessment notes that there are 104 existing parking spaces within the development and a revised striping plan was provided that confirms and depicts the layout of the 104 existing parking spaces. 
•	The parking assessment aligned almost identically with the City’s provisions for shared parking allowances in finding that the peak demand at 7 p.m. in the evening would be 116 spaces if the development was amended to remove the age restriction for residential units.
•	The parking assessment concluded that this amount of overflow at the peak period could be satisfied by adjacent on-street and off-street public parking.

•	The maximum number of assigned parking spaces would be 46 (104 total spaces minus 58 space demand from non-residential).

Comments from Public:
1.	Paul Ward, 310 New York Street, spoke in regards to the lack of public parking on the property. 

Motion was made by Council Member Ward and seconded by Council Member Wurtz to continue the public hearing to October 17, 2019 to allow the petitioner to address the council.  The motion was unanimously approved. 
	 
The bill will be placed on the October 17, 2019 agenda for first reading consideration.

 	PUBLIC COMMENTS
1.	Pat Seratti, 227 Smith Street, distributed handouts and spoke in regards to the
proposed sidewalk project on East Monroe.  The sidewalk is proposed to be 
installed on the north side of East Monroe.  Believes the sidewalk would be better 
suited along the south side of East Monroe where it could connect to an 
accessible ramp.  Concerned about the landscaping along their side yard being 
affected by the project and not having received notification of the proposed 
project until receiving notice of a public input meeting. 

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

a)	Approval of the September 19, 2019 City Council Meeting Minutes
b)	Resolution 131-2019, amending and readopting the City of Kirkwood Fee Schedules 
c)	Resolution 132-2019, adopting the Americans with Disabilities Act Transition Plan prepared for the City of Kirkwood
d)	Resolution 133-2019, accepting the bid of Industrial Soap Company for Janitorial Supplies and authorizing and directing the Mayor to enter into a contract (at the rates provided in the bid tab sheet)
e)	Resolution 134-2019, accepting the bid of Raben Tire for Retread Tires and Disposal for the Fleet Department and authorizing and directing the Mayor to enter into a contract (at the rates provided it the bid tab sheet)
f)	Resolution 135-2019, accepting the bid of Landmark Dodge (pursuant to State of Missouri Cooperative Contract) for the purchase of a 2020 Dodge Charger Pursuit AWD for the Police Department and authorizing and directing the Director of Procurement to issue a Purchase Order ($29,360)

g)	Resolution 136-2019, accepting the proposal of Westport Pools for Kirkwood Aquatic Center Maintenance and Repair Services and authorizing and directing the Mayor to enter into a contract (at the rates provided in the memo)
h)	Resolution 137-2019, transferring funds from multiple accounts to multiple accounts for pay grade changes ($89,127)

UNFINISHED 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.  
		
Roll Call: 

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

The bill, having received majority approval of the council, was adopted and became Ordinance 10632.

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.  
		
Roll Call: 

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

The bill, having received majority approval of the council, was adopted and became Ordinance 10633.

NEW BUSINESS
Bill 10795, amending the provisions of the Municipal Code, Appendix A – Zoning, regarding the addition of a new Special Use Category (Tattoo Studio) in the B-2, General Business District and including said new category in the Definition Section and Parking Sections accordingly, 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.  Council Member Zimmer was opposed. 

Bill 10796, granting a Special Use Permit for a tattoo studio at 108 North Kirkwood Road, 2nd floor, subject to certain conditions, 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.  Council Member Zimmer was opposed. 

Bill 10797, appropriating $303,764 from the Electric Fund to the Distribution Improvements Account, Project #EL1616, for Engineering Construction Services for the Kirkwood Road Traffic Signal Optimization and Interconnect Project, was brought before the council.  Motion was made by Council Member Luetzow 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 10798, adopting a revised City of Kirkwood Classification and Pay Plan, effective January 1, 2020, was brought before the council.  Motion was made by Council Member Ward and seconded by Council Member Edman to accept the bill for first reading approval.   

The bill received first reading approval and was held over.

Bill 10799, appropriating $49,676 from the Water Fund Balance to the Water Distribution Full-Time Salary Account for pay grade changes, was brought before the council.  Motion was made by Council Member Zimmer and seconded by Council Member Edman 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:
•	Hands on Kirkwood will be held on Saturday, October 5th.
•	The Police Department Open House will be held on Saturday, October 5th 
from 10:00 a.m. to 2:00 p.m.
•	Council Members Luetzow and Ward joined Mayor Griffin at the Mary Culver Home in presenting a certificate to Osceola Thurman for her 108th Birthday.

Council Member Wurtz reported that the Rotary Ramble was a successful event.

Council Member Ward reported that he joined Mayor Griffin at the Kirkwood High School Class of 1954 reunion and presented them with a certificate.

Council Member Luetzow reported that the Arts Commission is sponsoring a mural project and has invited all Kirkwood schools to get involved in making murals to hang on the chain link fence around the Performing Arts Center project. 

CHIEF ADMINISTRATIVE OFFICER REPORT
	Mr. Hawes reported that the City of Kirkwood received an Application for Liquor License to sell intoxicating liquor by the drink, plus Sunday, for Storming Crab St. Louis, 1242 S. Kirkwood Road.  Motion was made by Council Member Zimmer and seconded by Council Member Wurtz to approve the application.  The motion was unanimously approved.

	Mr. Hawes reported that the City of Kirkwood received an Application for Liquor License to sell intoxicating liquor by the drink, plus Sunday, for Mission Taco Joint, 105 E. Jefferson.  Motion was made by Council Member Wurtz and seconded by Council Member Luetzow to approve the application.   The motion was unanimously approved.  

CITY ATTORNEY REPORT
	Mr. Hessel had nothing to report. 

                                               CITY CLERK REPORT
Ms. Asche wished Council Member Zimmer a Happy Birthday on October 6th.  

ADJOURNMENT
There being no further business to come before the Council, the meeting was adjourned at 7:50 p.m.  The next regular council meeting is scheduled for October 17, 2019 at 7:00 p.m. 

_____________________________________
Laurie Asche, CMC/MRCC
City Clerk

Approved:  October 17, 2019