Kirkwood City Council Meeting Minutes 
Kirkwood City Hall
Thursday, August 5, 2021, 7:00 p.m.

Pursuant to notice of meeting duly given by the Mayor, the City Council convened on Thursday, August 5, 2021, at 7:00 p.m. at Kirkwood City Hall, 139 South Kirkwood Road, Kirkwood, Missouri.  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, City Engineer Chris Krueger, Communications Manager 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 the allocation of $46,800 in Community Development Block Grant funds which will become available after January 1, 2022. Mr. Hessel entered the following exhibits into record: an Affidavit of Publication in the St. Louis Countian on July 15, 2021, as Exhibit 1; an Affidavit of Publication in the Webster-Kirkwood Times on July 16, 2021, as Exhibit 2; and the Kirkwood Code of Ordinances, as Exhibit 3.

Assistant Chief Administrative Officer David Weidler presented information to council:

•	The funds to be received are the same as previous years
•	It is recommended that the City participate with St. Louis County’s Home Improvement program.  The County would administer the program for the City
•	The program is need based and all funds have been expended from previous years
•	The maximum amount of the grant is $5,000, the applicant must meet certain income requirements to participate, and they may only participate in the program once

The bill will be placed on the August 19, 2021 agenda for council consideration.

Public Hearing #2
Mayor Griffin recessed the meeting for the purpose of conducting a public hearing regarding a request for Zoning Code Text Amendments to amend the definition 
of “Catering Establishment” by adding reference to mobile food trucks, pushcarts, and famers’ markets and adding this as an available accessory use in educational institutions and places of worship located in residential districts that would be Permitted with Standards. Mr. Hessel entered the following exhibits into record: an Affidavit of Publication in the St. Louis Countian on July 15, 2021, as Exhibit 1; an Affidavit of Publication in the Webster-Kirkwood Times on July 16, 2021, as Exhibit 2; the report of the Planning and Zoning Subcommittee report dated July 7, 2021, as Exhibit 3; the report of the Planning and Zoning Commission dated July 8, 2021, as Exhibit 4; and the Kirkwood Code of Ordinances, as Exhibit 5.

City Planner II Amy Lowry presented information pertaining to the request:
•	The text amendment will allow places of worship and education facilities to rent out their kitchens for use of a commissary
•	Grace Episcopal Church has a commercial kitchen to rent out to food trucks and catering businesses
•	In addition to meeting the St. Louis County Public Health requirements, the commercial kitchen would need to meet the requirements on fire and building codes of the City
•	Under current zoning code, the City does not allow for 3rd party use of the church’s kitchen
•	The Planning and Zoning Commission added education institutions 
•	The text amendment being proposed is adding a catering establishment could be used for mobile food trucks pushcarts, and farmers’ markets
•	Delivery hours are based on the hours of operation in the B-1 business district

Petitioner Todd McDowell addressed the council. Some of the discussion that took place is as follows:
•	Inquiry was made regarding a third party vendor providing food for the church
•	Concern was expressed about the times and noise from deliveries

The bill will be placed on the August 19, 2021 agenda for council consideration.

PUBLIC COMMENTS
1.	David Anderson, 521 Taylor Young Drive, spoke regarding reducing the speed limit and making streets safer in the City.

CONSENT AGENDA
Motion was made by Council Member Ward and seconded by Council Member Wurtz to approve the Consent Agenda. It was requested that item (b) be pulled from the Consent Agenda and placed at the end of the agenda for discussion.  The Consent Agenda with item (b) removed was unanimously approved.

a)	Approval of the July 15, 2021 Council Meeting Minutes
b)	Resolution 77-2021, accepting the bid of TraMar Contracting, Inc. for 2021 Acrylic Waterborne Pavement Markings and authorizing and 
directing the Mayor to enter into a contract (amount not to exceed of $79,142.10) *Removed and placed at the end of the agenda
c)	Resolution 78-2021, accepting the bid of St. Louis Composting, Inc., for yard waste disposal for the Sanitation Department and authorizing and directing the Mayor to enter into a contract ($8.75 per cubic yard)
d)	Resolution 79-2021, accepting the bid of Don Brown Chevrolet  (pursuant to State of Missouri Cooperative Contract) for the purchase of a 2022 Chevy Tahoe 2wd for the Police Department and authorizing and directing the Director of Procurement to issue a Purchase Order ($35,655)
e)	Resolution 80-2021, accepting the bid of Joe Machens Ford  (pursuant to State of Missouri Cooperative Contract) for the purchase of a 2022 Ford Interceptor AWD for the Police Department and authorizing and directing the Director of Procurement to issue a Purchase Order ($34,928)
f)	Resolution 81-2021, accepting the LightLE Enterprises for material and hardware for traffic signs and posts, on an as needed basis, and authorizing and directing the Mayor to enter into a contract (at the rates provided in the memo)

				      UNFINISHED BUSINESS	
Bill 10884, an ordinance granting a Special Use Permit Amendment for Vehicle Sale and Rental; Motor Vehicle Repair Shop, Major; and Vehicle Wash, and approving the amended Site Plan at 10725 Manchester Road (Lou Fusz Toyota) subject to certain conditions 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”

Bill 10885, an ordinance amending the Kirkwood Code of Ordinances, Chapter 13, Article II, Section 13-34, Subsection (c) for “Itinerant merchants, peddlers and solicitors, plus any additional administrative costs incurred, including the cost of the Criminal Record Check” 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”

Bill 10886,  an ordinance amending the Kirkwood Code of Ordinances, Chapter 14, Article VIII, Section 14-396 “Schedule F: Speed Limit Designations” was brought before the council. A discussion was held.

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”

NEW BUSINESS
Bill 10887, an ordinance readopting a Procedure to Disclose Potential Conflicts of Interest and Substantial Interests for Certain Officials as set forth in Chapter 2, Article 1, Section 2-5 of the Kirkwood Code of Ordinances 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.  

The bill received first reading approval and was held over.  

Bill 10888, an ordinance amending the Kirkwood Code of Ordinances, Chapter 23, Article III, Division 2, Section 23-90 “Heat pump/water pump rebate policy” by deleting it in its entirety was brought before the council. Motion was made by Council Member Ward 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 10889, an ordinance appropriating $153,000 from the Park Improvement Fund Balance to the Capital Expenditure/Building and Site Improvement Account, Project #PR2210, for the Emmenegger Park Bank Stabilization Project was brought before the council. Motion was made by Council Member Duwe 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 76-2021, a resolution approving a one year extension to the approval of Resolution 108-2020A granting Site Plan approval for lot 2 of the proposed mixed use subdivision located on the property known as 300 North Kirkwood Road subject to certain conditions 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. 

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 82-2021, a resolution accepting the proposal of KCI Construction Company in the not to exceed amount of $265,992 (which includes a contingency of $44,332) for Environmental Services – Soil Remediation at Emmenegger Park and the Bank Stabilization at Emmenegger Park 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”

CONSENT AGENDA ITEMS FOR DISCUSSION
 	Resolution 77-2021, a resolution accepting the bid of TraMar Contracting, Inc. in the amount not to exceed of $79,142.10 (which includes a contingency of $6,000) for 2021 Acrylic Waterborne Pavement Markings and authorizing and directing the Mayor to enter into a contract was brought before the council. Motion was made by Council Member Zimmer and seconded by Council Member Ward to accept the Resolution as read. 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”

       CITY COUNCIL REPORTS
	Mayor Griffin announced that for the foreseeable future beginning August 19, 2021, all City Council meetings will be held via Zoom due to the uncertainty of mask mandates. Also, beginning next week, all Board and Commission meetings will be held via Zoom.
CHIEF ADMINISTRATIVE OFFICER REPORT
Mr. Hawes reported that the City received an Application for Liquor License to sell intoxicating liquor by the drink, plus Sunday, from Hi-Pointe, 951 S. Kirkwood Road Motion was made by Council Member Wurtz and seconded by Council Member Ward to approve the application. The motion was unanimously approved. 

CITY ATTORNEY REPORT
	Mr. Hessel reported an order was entered approving the City-wide TDD. The issue will be placed on the November 2021 ballot.

       CITY CLERK REPORT
Ms. Asche read the report of the July 26 and August 4, 2021 meeting of the Planning and Zoning Commission. The following action was taken:
July 26, 2021 Planning & Zoning Commission Report
1.	The Commission unanimously recommended approval of the request to rezone 250 Commerce Avenue from R-4 to R-MM.
2.	By a vote of 4 to 5, the Commission recommended denial of an application submitted by Harmony Homes for a Special Use Permit for a nursing home and Site Plan Review at 600 North Ballas Road.

August 4, 2021 Planning & Zoning Commission Report. 
1.	After a presentation by staff and the applicant of the Final Site Plan for The James, a mixed use development in the B-2 Zoning District, at 426 North Kirkwood and a Final Site Plan for a temporary bank building at 128 West Washington, Commissioners Klippel, Eagleton, and Adkins were appointed to the Subcommittee. The Subcommittee scheduled a meeting in City Hall on August 10 at 8:30 a.m.

   Ms. Asche reported on the upcoming scheduled public hearings:
August 19, 2021
1)	Establishing the Property Tax Rates for the City of Kirkwood
2)	Establishing the Property Tax Rates for the Kirkwood Municipal Library
August 26, 2021
1)	A request for a Special Use Permit for a nursing home and Site Plan Review at 600 North Ballas Road (Harmony Homes)

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 August 19, 2021 at 7:00 p.m. 

_____________________________________
Laurie Asche
City Clerk
Approved:  August 19, 2021