Kirkwood City Council Meeting Minutes 
Via Zoom
Thursday, May 6, 7:00 p.m.

Pursuant to notice of meeting duly given by the Mayor, the City Council convened on Thursday, May 6, 2021, at 7:00 p.m. via Zoom Virtual meeting.  Present were Mayor Griffin, Council Member Duwe, Gibbons, Sears, Ward, Wurtz and Zimmer. Also in attendance were Chief Administrative Officer Russell Hawes, Assistant Chief Administrative Officer David Weidler, City Clerk Laurie Asche, Deputy City Clerk Kim Sansegraw, Planning and Development Services Director Jonathan Raiche, City Planner II Amy Lowry, Public Services Director Bill Bensing, City Engineer Chris Krueger, Public Information Officer Freddy Doss, and City Attorney John Hessel.  

ANNOUNCEMENTS FROM CITY ATTORNEY
City Attorney John Hessel stated for the record that under Section 610.015 of the Mo. Sunshine Law provides that members of the City Council who are not physically in the Council Chambers can participate and vote on all matters when an emergency exists and the nature of the emergency is stated in the minutes.

So, let the minutes reflect that the U.S., and the world, is in a state of emergency due to the Coronavirus—Covid 19. Therefore, members of the City Council have elected to participate in this meeting electronically for the public health and safety of each other and the general public.  

INTRODUCTIONS AND RECOGNITIONS
NONE

PRESENTATIONS
           NONE

PUBLIC HEARINGS
						NONE

PUBLIC COMMENTS
1.	Michael Jerlecki, Dickson Street, spoke in regards to Bill 10979.  Concerned about the potential of illegal gambling devices at liquor stores and asks the owner to not install such devices. 

CONSENT AGENDA
Motion was made by Council Member Ward and seconded by Council Member Zimmer to approve the Consent Agenda. A discussion took place.  The Consent Agenda was unanimously approved.

a)						a)  Approval of the April 15, 2021 Council Meeting Minutes

b)	Resolution 40-2021, accepting the bid of Joe Machens Ford (pursuant to State of Missouri Cooperative Contract) for the purchase of a 2021 Ford Escape SE Sport Hybrid for the Police Department and authorizing and directing the Director of Procurement to issue a Purchase Order ($26,232)
c)	Resolution 41-2021, accepting the bid of Joe Machens Ford (pursuant to State of Missouri Cooperative Contract) for the purchase of a 2021 Ford F150 Police Responder Crew Cab 4x4 for the Police Department and authorizing and directing the Director of Procurement to issue a Purchase Order ($37,357)
d)	Resolution 43-2021, accepting the bid of Sievers JCB (pursuant to Sourcewell Cooperative Contract) for the purchase of a Mini-Excavator Construction Equipment for the Water Department and authorizing and directing the Director of Procurement to issue a Purchase Order ($73,551.40)
e)	Resolution 46-2021, accepting the proposal of Murphy Company for HVAC Services and Maintenance for an initial term of 12 months with the option to renew for up to four additional 12 month terms pending budgetary approval and authorizing and directing the Mayor to enter into a contract (at the rates provided in the memo)
f)	Resolution 47-2021, accepting the bid of Corrective Asphalt Materials for the 2021 Emulsified Maltene Based Asphalt Rejuvenator Project and authorizing and directing the Mayor to enter into a contract (amount not to exceed of $30,000)
a)	
b)	           UNFINISHED BUSINESS
Bill 10876, an ordinance amending the provisions of the Municipal Code, Chapter 25 – Zoning and Subdivision, regarding revisions to the Permitted Use Category for Multiple-Family Dwellings in the B-2, General Business District and revising the Downtown Master Plan and Parking Study’s Framework plan accordingly was brought before the council. 

Roll Call:

Mayor Griffin				“Yes”	
Council Member Ward		“Yes”	
Council Member Wurtz		“Yes”	
Council Member Gibbons		“Yes”
Council Member Sears		“Yes”
Council Member Duwe		“Yes”
Council Member Zimmer		“Yes”

The bill, having received majority approval of the Council, was adopted and became Ordinance 10712.

Bill 10877, an ordinance appropriating $7,642 from the Equitable Sharing Fund Balance to the Machinery and Equipment Account for the Police Department was brought before the council.

Roll Call:

Mayor Griffin				“Yes”	
Council Member Ward		“Yes”	
Council Member Wurtz		“Yes”	
Council Member Gibbons		“Yes”
Council Member Sears		“Yes”
Council Member Duwe		“Yes”
Council Member Zimmer		“Yes”

The bill, having received majority approval of the Council, was adopted and became Ordinance 10713.

NEW BUSINESS
Bill 10878, an ordinance amending the Kirkwood Code of Ordinances, Chapter 17, Article V “Offenses Concerning Public Peace”, Section 17-70 “Conduct Constituting Disturbing Noises”, Subsection (j) was brought before the council. Motion was made by Council Member Zimmer and seconded by Council Member Wurtz to accept the bill for first reading approval.  A discussion took place.

Motion was made by Council Member Gibbons and seconded by Council Member Ward to amend the Bill by changing the time on Saturday to 7:00 a.m. to 5:00 p.m.  A discussion took place.  The motion failed with Council Members Gibbons, Ward and Mayor Griffin in favor and Council Members Duwe, Sears, Wurtz, and Zimmer opposed.

Motion was made by Council Member Gibbons and seconded by Council Member Ward to amend the Bill by changing the time on Sunday to 9:00 a.m. to 5:00 p.m.  A discussion took place. The motion failed with Council Members Gibbons, Ward and Mayor Griffin in favor.  Council Members Duwe, Sears, Wurtz, and Zimmer were opposed. 

Motion was made by Council Member Duwe and seconded by Council Member Gibbons to amend the Bill by changing the time on Saturday to 9:00 a.m. to 6:00 p.m.  A discussion took place. The motion failed with Council Member Duwe in favor and Council Members Gibbons, Sears, Ward, Wurtz, Zimmer and Mayor Griffin opposed.  

The bill received first reading approval and was held over.  Council Members Sears and Ward were opposed. 

Bill 10879, an ordinance granting a Special Use Permit for a liquor store at 10451 Manchester Road subject to certain conditions 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.  A discussion took place.  The applicant formally withdrew their application and EZ Storage would like to be listed as a co-applicant on the legislation.  A substitute bill will be drafted for second reading. 

The bill received first reading approval and was held over.

Bill 10880, an ordinance appropriating $22,245 from Equitable Sharing Fund Balance to the Machinery and Equipment Account for the purchase of a Nelson Systems Eventide Nexlog 740 System and a Synology NAS Archive Drive for the Police Department was brought before the council. Motion was made by Council Member Ward and seconded by Council Member Gibbons to accept the bill for first reading approval. 

The bill received first reading approval and was held over.
	
Resolution 42-2021, a resolution accepting the proposal of Lochmueller Group in the amount not to exceed of $207,704.85 for Engineering Services for STP (610) West Essex Reconstruction Project and authorizing and directing the Mayor to enter into a contract 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. 

Roll Call:

Mayor Griffin				“Yes”	
Council Member Ward		“Yes”	
Council Member Wurtz		“Yes”	
Council Member Gibbons		“Yes”
Council Member Sears		“Yes”
Council Member Duwe		“Yes”
Council Member Zimmer		“Yes”

	Resolution 44-2021, a resolution accepting the bid of E. Meier in the amount of $427,745.61 for 2021 Asphaltic Concrete Overlays and authorizing and directing the Mayor to enter into a contract was brought before the council.  Motion was made by Council Member Gibbons and seconded by Council Member Wurtz to accept the bill for first reading approval. 

Roll Call:

Mayor Griffin				“Yes”	
Council Member Ward		“Yes”	

Council Member Wurtz		“Yes”	
Council Member Gibbons		“Yes”
Council Member Sears		“Yes”
Council Member Duwe		“Yes”
Council Member Zimmer		“Yes”

Resolution 45-2021, a resolution accepting the bid of NB West in the amount of $539,109.65 for 2021 Ultra-Thin Bonded Asphaltic wearing surfaces and authorizing and directing the Mayor to enter into a contract. Motion was made by Council Member Sears and seconded by Council Member Ward to accept the bill for first reading approval. 

Roll Call:

Mayor Griffin				“Yes”	
Council Member Ward		“Yes”	
Council Member Wurtz		“Yes”	
Council Member Gibbons		“Yes”
Council Member Sears		“Yes”
Council Member Duwe		“Yes”
Council Member Zimmer		“Yes”

Resolution 48-2021, a resolution authorizing and directing the Mayor to enter into a Supplemental Agreement No. 2 to Engineering Services Contract with EFK Moen, LLC, and increasing the contract amount by $99,691.99 for a not to exceed amount of $256,109.19. Motion was made by Council Member Wurtz and seconded by Council Member Ward to accept the bill for first reading approval. 

Roll Call:

Mayor Griffin				“Yes”	
Council Member Ward		“Yes”	
Council Member Wurtz		“Yes”	
Council Member Gibbons		“Yes”
Council Member Sears		“Yes”
Council Member Duwe		“Yes”
Council Member Zimmer		“Yes”

Resolution 49-2021, a resolution amending and readopting the City of Kirkwood City Fee Schedules. Motion was made by Council Member Ward and seconded by Council Member Sears to accept the bill for first reading approval.  A discussion took place. 

Roll Call:

Mayor Griffin				“Yes”	
Council Member Ward		“Yes”	
Council Member Wurtz		“Yes”	
Council Member Gibbons		“Yes”
Council Member Sears		“Yes”
Council Member Duwe		“Yes”
Council Member Zimmer		“Yes”

CONSENT AGENDA ITEMS FOR DISCUSSION
NONE
	
 CITY COUNCIL REPORTS
	Mayor Griffin reported that a Mayor’s for Meal Food Drive will be held on Saturday, May 8th from 9:00 a.m. to 12:00 p.m. at the Kirkwood Train Station.

	Council Member Gibbons reported that the Senate changed language on the Bill regarding the Amtrak rail passenger line and added an additional $1 million to the budget, and that it is looking promising that two daily passenger rail lines will continue to operate.   

	Council Member Gibbons reported that the Greentree Festival Committee is moving forward with plans for a Greentree Festival and thanked them for their hard work and efforts.

	Council Member Ward recognized teachers across the nation for National Teachers Week.

	Council Member Ward reported that today is Give STL Day and urged everyone to donate to charities and non-profit organizations. 
	
        CHIEF ADMINISTRATIVE OFFICER REPORT
	Mr. Hawes reported that staff is moving forward with 4th of July plans, with the intent to have a fireworks only display and limiting the congregation of people.

	Mr. Hawes reported that staff is working on a system to allow the City Council to go back to in person meetings, possibly by the end of June, which would allow the public to participate via Zoom while the City Council and staff are in the Council Chambers. 

CITY ATTORNEY REPORT
Mr. Hessel had nothing to report.

CITY CLERK REPORT
Ms. Asche read the report of the May 5, 2021 meeting of the Planning & Zoning Commission.  The following action was taken:

1.	The Commission unanimously recommended approval of amendments to the Zoning and Subdivision Code as recommended by Staff’s memo dated May 5, 2021, regarding Special Use Permit procedures and multi-family in the B-2 Zoning District.

Ms. Asche reported that the above matter will be scheduled for a public hearing on June 3, 2021. 

ADJOURNMENT
There being no further business to come before the Council, the meeting was adjourned at 7:52 p.m.  The next regular council meeting is scheduled for May 20, 2021 at 7:00 p.m. 

_____________________________________
Laurie Asche, CMC/MRCC
City Clerk
Approved:  May 20, 2021